The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-03-07
All Indicted For Murder 10
The First Degree
In Connection with The
LynChing Case
Cleveland Trial To Commence
On March 9
Newark Advocated


Eighteen indictments for murder In
the first degree were returned by the
special grand jury this afternoon at
1884 o'clock. The report in full sub
mitted to Judge G. w. Seward and
signed by s. F. Van Voorhis as fore
man.
The murder indictments were re-
turned in accordance with the courts
instructions to inquire into crimes
and offenses committed In Licking
county with special reference to the
lynching of Carl Etherington, last
July 8th.
During its labors the jury was as
sisted by Prosecutor Phil b. Smythe
Of this county, and Attorneys Will
liam III. Miller and Seth l.. McMil-
len, special counsel OF Attorney Gen
eral Hogan's office, who procured,
sifted and presented the evidence to
the jurors. The two latter named
have been retained to aid in prose-
cutting all cases arising out of the
lynching.
The special grand jury was sum-
moned upon praecipe issued by
Judge Seward to Clerk Edwin Lara.
son, and summoned by Sheriff Sla-
baugh and his deputies. They have
been In session eight days, during
which time five hundred and thirteen
witnesses were examined.
OF the eighteen indictments return
ed by the special grand jury three are
for men who were not previously IN
dicted, but have since been arrested
and are now In jail. These men are
Cleveland Priest, James Marlow and
Patrick Haycock. a4
The other indictments are found
against fifteen men who were previ-
ously indicted for the same crime and
have been in Jail. They are, Edward
Schoeller, Weldon Denny, Frank
Graef, Edward Woolard, Levi Valen-
tine, William Feuerriegel, Art Dover,
Thomas Valentine, Quincy Sutley,
Joe Bush, Elmer Seary, Lewis Bolt
on, Edgar Owens, Clarence Mulligan
and James Richardson.
These men are not re-indicted, nor
ls the one returned today an addi-
tional indictment but is considered
an entirely new indictment, and at
present there are two indictments
pending against these fifteen men.
The method OF procedure is laid
down In Wilson's Ohio criminal code,
section 1912 as follows:
IF there be at any time pending
against the same defendant two or
more indictments for the same Grim.
inal act, the prosecuting attorney
shall be required to elect upon which
he will proceed, and upon trial being
had thereon the remaining indict-
mcnts shall be Quashed"
1t is natural to suppose that the
prosecutor will elect to go to trial
on the last indictments as each man
Is this time separately indicted and
not made co.defendants with others.
The trial of Roberto Bloody Muir
der'o Cleveland Is set for Thursday,
March .. and will probably be heard
by Judge Nicholas of Coshocton. A
venire of thirty-six jurors has been
subpoened from which to try and
select jury. The prisoner will be de-
| Tended by Attorneys Jones and Jones,
while Prosecutor Phil B. Smythe will
prosecute the case, assisted by Spec
ial Counsel w, Fl. Miller and Seth l..
McMillen.
During its session the grand jury
examined twenty-four cases and six
We're ignored, They also visited the
county Jail and found that Sheriff Sla-
baugh was strictly observing every
rule laid down by the court for the
conduct of the jail and the govern
ment of the inmates.
Judge Seward, on behalf of the cit
izens of the county and himself,
thanked the jurors for their dispatch
in transacting their business and dis.
missed them.
The entire proceedings were taken
in shorthand and will be transcribed
by Court Stenographer G. G. Cooper.