The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-11-28

defense attempted to shake this testi-
ritny but after brief cross examina-
ton gave IT Up Tor the time.
Miss Mary Rogers, ,one Of the prin-
cipals in the affair was another in
teresting witness at the morning ses-
sion Miss Rogers was with Miss
Spicer when the assault was commit
ted, and was also struck several times
by the asalilant of both girls. Miss
Rogers is the one who gave the alarm
and succeeded in breaking away from
the assailant and arousng the neigh
bcrhood Tuttle incidentally. Is also
Indicted for nssaulting Miss Rogers.
The young lady related her coming
t. Marion from her home in West
Mansfield to visit Miss Spicer She
says they went down town from the
spicer home about 1880 the evening
of the crime. They went to an ice
c:eam parlor ana as nearly as she could
fix the time, started back to the Spi-
cer home between 1925 and $3.50 o'clock
She fixes the time of the assault as
between $3.50 and S:45.
Miss Rogers was very calm and coli
lected as she related to the jury just
what happened, and then created a
| mild sensation by looking long and
earnestly at Tuttle ns she pointed her
finger at him and positively Identified
| him aus the man who struck her several
times and as the man who had choked
| lend assaulted Miss Spicer
The defense did not materially weak
en- Miss Rogers testimony in a sew
ere oross-examination She stuck to
her story tenaciously and while admit
tllng that she may have made mis-
statements under stress of the eXcit.
ing circumstances incident to the as
sault vet she WIS firm In her reitera-
tion of what she considered thea vital
facts i'm the case. Court adjourned at
/ moon with Miss Rogers ON the stand.
The court room continues to be pret-
| ~ we'll filed with spectators who have
absolutely no other Interest in the af-
fair than the usual curious desire to
see end hear the principals However.
| defensive language. thus iar, has been
| kept out Of the trial once, Just be-
fore noon when Miss Rogers return
ed sharp answer to Mr. CUTLERY, OF
the defense, a ripple OF laughter ran
through the room and one man cut
loose "a regular "hurr h-for- Bryan
whoop Court Ballin Dec was ordered
to put the man out Of the court roonI
! If he could he located. but as every
one looked accusingly 40 everyone else,
the proper locdtion could not be made.
If repetition of the AFFAIR occurs. the
court may order the court room clear
cd.
| officer James Thompson was the
first witness called by the prose-
cution this afternoon. Mr.. Thompson
| testified to having been on the job
the night of the assault and told
what he knew about the conditions.
While Mr. Thompson was on the
stand a diversion was created by the
| arrival of the nlne-ycar old son of
| Almon Tuttle. The little fellow has
been in the Waddell Children's home
When he arrived, It was apparently
surprise to his father and as the
boy threw his arms about the strong
mans neck and wept copiously, Jumps
arose in the throats Of many spec
| tators. 1t is possible that the hoy
may be summoned as witness for
his father.
Shortly before two o'clock the pro-
| sccution announced that It had but
| three more witnesses and requested
brief recess for consultation.
| This was granted.