The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-06-23
LACKING
Was The Evidence Against
Frank WOOlaRd
Charged With Completely In
Newark LynChing
And Judge Ordered Him Re.
leased On Bond
LOlDnllSSlOnerS Exlpllu llllle
For Paying Taxes
Bids For The Bartlett Bridge
Opened On Monday
Newark Advocate)

of court at the application of the
state; defendant discharged upon the
giving bond of $4,000; at any time
the state may nolle the indictment
against Woolard, it would hardly be
Just to keep the man in Jail while the
state is attempting to make it's case
against him. was the decision of
Judge e. NJ. Wickham of Delaware,
at 1880 o'clock Monday afternoon on
the Woolard murder case which had
been called in the morning.
The defendants bond was signed
by his brother Frank T. Woolard.
and he walked from the court room
practically a free man, as it Is the
general impression that he will never
again be brought to trial on the charge
of murder
The case of Ed Woolard, who was
charged with first degree murder in
connection with the Etherington
lynching, was called this morning in
common pleas court by Judge &. M.
Wickham of Delaware who is pre-
siding Judge. The subdivision of
which Newark forms a part
There was d great interest in Wool
ards case, r,ore than has been mani.
tested in some of the previous trials
and there wls larger attendance
than usual when it is supposed that
a jury is to be secured.
Prosecutor Phil B. Smythe asked
the court to recess until / o'clock in
the afternoon, as the state was not
ready at the time to proceed.
Woolard was represented by j. r.
Fitzgibbon and criminal lawyer OF
recognized ability, while the inter.
ests of the state were in the hands
of Prosecutor Phil B. Smythe, Assis
tant Attorney General w. II. Miller
and Attorney Seth Mcmillan.
At 90 Monday afternoon Prosecu
tor Smythe, addressing Judge Wick
ham, stated that |. NJ Andrews and
George j. Mercer had testified before
lle grand jury that they had seen the
defendant at the north entrance to
the jail, while the mob was using the
battering ram. Upon the testimony OF
these Two men, both B. & o. officers
the indictment for murder was found
by the grand jury, said the prosecutor
and cnotiDui,,or coid.
After the case was assigned fol
trial the witnesses Andrews and Mer
Ger told me they were mistaken in
their Identification of Woolard, and
again repeated this to Mr.. Miller ant
me this morning. There is some cor
rOborative testimony to that Of these
two witnesses but we do not feel thai
the state is justified in going to tria
and for this reason we asked the in
diligence of the court this morning
and now ask for a continuance unit
the next term of court"
Mr. FitZgibbon stated that the de
fendant had been in Jail since las
August; was an extra B. & o. engi
neer and had obtained a leave of alb
sence for year which was now near
ly up and that he thought the cour
should make it possible for him Il
return TO work.
Judge Wickham then made the rul
ing quoted az the beginning.
Commissioners Meeting
The regular weekly meeting of tn,
county commissioners was held Mon
day.
Upon motion the commissioners ex
tended the time of paying June take
until July 20, and the books will clos,
positively on that date.
Bids were received and opened 70
the sub.structure work on the Bart
lett bridge in Morris township. Th
following bids were received:
Walter Rabjohns, $5.75 per cubi
yard.
w. II, Hearn, $3.50 per cubic yard
A. p. Davis, s5.S4 per cubic yard.
Upon motion the contract wa
awarded to Mr.. Rabjohns. The Ell
gineer's estimate on the work is 81
O92.73, as based on the bid of Mr.. Raj
johns.
Bids We're also opened for the super