The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-06-09

Not much in the bottle. All the liquor
witness saw at the scene. The rig
was turned over and wheels in the air.
A good road. but deep ditch along
one side. Horse was up and tied to
gate. Metcalf had been taken from
under the buggy and was by the side
of the road.
Feeling towards Mr.. Lee is friendly
at the present time Never had any
words with him.
On redirect by Prosecutor Crom-
ley, described position of Metcalf's
body.
Clarence Lutheran
Resides at Mansfield avenue, Mt.
Vernon. On March 20, was a driver
for DR.. James F. Lee. Kept horse at
Wards barn. Knew Lee. Wolfe, Mack
ey and Metcalf. Saw Charles Metcalf
hauling hay at 330 on March 20. Saw
him at in the evening at Wards liv-
cry. Saw Mackey at Wards livery.
Defense objected to witness giving
statements made by Mackey and same
was sustained by the court. State at
tempted to show conspiracy, but
court said this had not been shown by
any testimony. The witness was di-
rected to leave the witness stand for
the present.
Walter Thomas
Resides in South Vernon. A tool
dresser by occupation. Found upset
buggy on night of .darch 20, on the
Martinsburg road Saw man under the
rig Removed man from under the
buggy. Saw he was not breathing.
Was dead when witness pulled him
out. Body was warm. No marks ex-
cept a drop of blood on end of the
nose. Looked at the face. Saw some
mud on temple. After Mackey and
Weekley came up removed body to
side of the road. Mackey was badly
intoxicated. A bank at the side of the
road. Occupants had attempted to
turn out and ran into the ditch.
Cross-examined by Judge Waight.
A dark night, but moon came up as
he reached the scene. Was using a
lantern to see the road. Head was
on the ground when he found body.
Didn't wash mud off side of face to
make any examination. No great
amount of mud Was in streaks, on
the temple and over the ear and back
of the head about the size of the palm
of a hand Saw no abrasion of the
skin on the face or temple.
On redirect by Mr.. Cromley wit
ness said road was muddy and freez.
ing some.
Re-cross examination by Judge
| Waight body of Metcalf found three
| feet from the ditch and head and
shoulders extended out from the top
of the buggy, but no great distance.
At this point the noon recess was
taken.
TUESDAY AFTERNOON
There were quite large number OF
ladies' present in common pleas court
room Tuesday afternoon when the
case was resumed after the noon re-
cess. AS yet the case has aroused but
| little interest as the court room was
only about one half filled with specta
tors.
Sheriff P. j. Parker
Sheriff Knox county for two years
and four months Visited spot where
Chas Metcalfs body was found on
morning of March 81 Found there
Mackey, Fowler, Thomas and the
corpse of Charles Metcalf. Identified
subpoena issued for Charles Metcali
] in case in which Lee was indicted for
bootlegging. Witness identified bot
tie partially filed with liquid resemb
ling whiskey. Saw bottle first time
on March %. Detective Rowley gave
ii to him. Took bottle to Columbus
and gave to Prof. Howard. Next saw
bottle after prosecutor gave 1t to him
Witness kept bottle at office since II
was returned from Columbus.
No cross examination.
David Mackey
Examined by Stillwell One of the
defendants indicted with Lee Now
confined in the county Jail. Under
stood Mr.. Greer was his attorney
Talked with attorney about the case
Was employed in the gas field,
Court advised the witness he had
right to refuse to answer any ques'
tons asked by counsel that might IN
criminate him being under indictment
on same charge as Lee. He might
waive that right, however. Being thus
advised, Mackey proceeded. Worked
at Homer pump station until Christ
mas, Worked at Rinehart barn after
that time. Knew Lee in the saloon
business in Mt. Vernon. Saw Lee at
livery barn often. Knew Alfred Wolfe
five years. Saw him at Rinehart liv'
cry barn often. Knew Metcalf for
three and half years. Knew Rich
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