The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-06-13


this reason the defendant is entitled
to verdict OF not guilty on both
these counts. Judge Waight said that
It was more than probable that Met.
calf's neck was broken as no examIna.
tion was made by the physicians at
the inquest. The sp aker said that
the analysis showed no presence Of
ether in the stomach. Judge Waight
closed by asking the jury not to ac.
cept the testimony of Mackey and
Wolfe. confessed perjurers. who told
different stories on the witness stand
from 5hst told at the coroner's inquest.
The proof IN this case does not show
that the defendant put any ether in
the liquor which Metcalf drank.
Recess for dinner.
FRIDAY AFTERNOON
There was the usual large crowd in
the court room Friday afternoon when
court convened at 1895 and the ar.
guments were resumed.
William M. Rooms
Mr.. Koons. for the defense, called
the attention of the court in making
his charge to the jury relative to the
credibility of the testimony OF a de.
tective
Mr.. Koons in his opening spoke of
the fact that this was his 63rd birth.
day anniversary. First cautioned the
members of the jury to lay aside all
prejudice that they might have against
the defendant. The speaker said that
aside from the testimony OF Mackey
and Wolfe, both confessed perjurers,
there was no evidence of any kind
against the defendant. Mr.. Rooms
spoke at some length on the fact that
the coroner's inquest was held behind
closed doors and the public not ad-
mitted.
Mr.. Koons gave an account of the
overturning of the rig on the Martins
burg road saying Mackey evidently
fell on top of Metcalf and pushed his
AotC illO lLC Iiuu anu NhGlCdll
have smothered, and there could be no
visible marks on the outside of the
head.
Mr.. Koons said Wolfe lied on the
witness stand when he said there was
boot" on the buggy in which Mack
ey and Metcalf took the drive on
March 20.
The speaker said with the kind of
whisky that is being sold in livery
barns the lining of the stomach must
necessarily become infamed. That
the Inflammation was not due to eth
er. Mr. Koons said detective found
the alleged bottle at the scene five
days afterwards. Called the attention
of the jury to the testimony of detec-
tiyes and said that the testimony of
such men should be considered with
care. Also cautioned the jury to pay
little attention to conversations es-
pecially the conversation between
Wolfe and Mackey. The speaker said
it was almost impossible to relate an
exact conversation Spoke at some
length on the conversation Lee had
with several witnesses in the Wisner
restaurant on the night of March 90.
Spoke at length on the intent of
purpose Said that Lee was not in
Mt Vernon on the day he was accused
of selling liquor and if this was SO
what purpose had the defendant for
committing murder. Mr.. Koons said
supposing Metcalf had got on train
to go to Columbus that night and was
killed in a wreck. Was that man.
slaughter? Illustrating that there must
be an intent of purpose to carry out
manslaughter and insisting that this
was not true in this case.
Spoke of the fact that Mackey and
Wolfe were only indicted for purpose
of turning states evidence against
Lee.
In closing Mr.. Rooms asked the jur-
ors to keep in their minds the facts in
| the case.
Mr.. Koons concluded his argument
at 1875 o'clock.
L. C. StilIwell
The closing argument was made by
Mr.. Stillwell for the state. First ad-
dressed court relative to making some
points in his charge to the jury. Said
it was necessary to rely upon the evil
dence of detectives.
Speaker said the state has brought
to the jury the true statement of af-
fairs in this case.
There must be in every crime mo-
tive. Who had a motive to get rid of
Charles Metcalf? The state showed
that Lee had been indicted for boot
Logging and that Metcalf was the chief
witness in the case. The state showed
that Lee tried to find out from Met
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