The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-04-28
WIND UP
OF The Murder Trial Of
Lewis ]. Bolton
Mr.. Miller Concludes His Ar.
gument At 1920
And Judge WiCkham Imme.
diately Gives Charge
Which Consumes An Hour In
Its Delivery
And The Case Is Given To
The Jury At ll.25

Following the eloquent arguments
to the jury by Hon. e. v. Owen and
MIR. ]. r. Fitzgibbon on behalf of De.
fendant Bolton Monday afternoon, a
short recess was taken. Immediately
after the jurors resumed their chairs,
Assistant Attorney General Miller,
who is assisting Prosecutor Phil B..
Smythe in all the trials growing out
Of the lynching at Newark, commenc-
cd the closing argument for the state.
He began by saying that the state Of
Ohio did not lay before the jurors all
the scenes incident to the lynching in
order to excite prejudice, but to con-
meet up various points and to afford
the jurors clear understanding of
events that had transpired. Mr.. Miller
spoke particularly of the testimony
of Joe Bush. Counsel for the defense
had said that Bush was not to be be-
Heved. One had remarked that Bush
did not have true, American blood in
his veins. The states attorney made
especial mention of this. He recalled
that Bush ha0 received a part of his
training at the Xenia Soldiers and
Sailors Orphans home school. This
fact, the attorney said, led him to be.
lieve that Bush's father must have
barred his breast to the rebel bullets
In the South, and that the son must
have American blood coursing through
his body.
While Mr.. Miller was reading from
the testimony of Bush, Mr.. Owen of
defendants counsel asked IL the tran
script showed that Bush had testified
that Bolton had told him to lynch
Etehrington Mr.. Miller, turning to
the attorney said that the state did
not so claim, he added, "as counsel
for the defense has remarked actions
speak louder than words.'" The au-
dience, worked up to great excitement
by the eloquence in all the addresses
of the day, was at the fever point, and
the quick retort by Mr.. Miller brought
forth a storm of applause. Judge
Wickham and Bailiff Purcell raped
for order and 1t was very plain that
the judge was angry. However, the
applause quickly subsidized, and no
further such demonstrations occurred.
Mr.. Miller concluded the first half
of his argument at 5 o'clock and Sc
cured permission of Judge Wickham
to finish Tuesday morning.
Monday afternoons crowd was one
of the largest ever assembled in the
court room. A number of persons who
were present at the morning session
had brought their dinners and were
on hand to get "the best seats" be-
fore the afternoon session opened.
Tuesday Morning
Ladies and gentlemen, yesterday
afternoon there was a demonstration
of approval of what Attorney Miller
said In his argument. This expression
was an offense to this court and 1t
must not occur again.
"The audience must remember that
as they sit here and listen to the ar
guments there must be no clapping Of
hands or applause Of any kind to in
dicate approval or disapproval of what
counsel may say in argument to the
jury.
"This case has thus far proceeded
without any untoward incident except
that of yesterday afternoon, and l
give warning that it will not be toll
Grated again"
Following this admonition by Judge
Wickham, given Immediately after
court was convened Tuesday morning.
Attorney Miller took up his argument
where he had dropped 1t Monday ev-
ening.
Mr.. Miller devoted much of his ar
gument to the testimony of Joe Bush,
reviewing evidence by other witness
es along with 1t, claiming that Bush's
story was corroborated, even by Boil
ton himself. The attorney argued that
the very fact that Bush did not give
highiy-colored story and attempt to
absolutely connect up Bolton with the
crime tended to prove his story on the
stand true.
The states attorney claimed that
the defense had signally failed in it's
attempt to prove an alibi for Bolton
on the evening of July S--that 1t was