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


ledge his arrest several times, and he
was the boon companion of Michael
T. Lee. But it is for the jury to de.
eide whether to believe him or not.
Prosecutor Cromley then took uD
the testimony offered oy the witness.
es for the defense. Went over the
statement of NJ. 7. Lee. Iold of the
guilty look on Lees face on the wit.
ness stand Said all witnesses for the
state had falsihed Said the defend.
ant was prince of perjurers. Told
how defendant kept shifting the blame
on someone else to keep his own
skirts clean.
The prosecutor then went over the
medical testimony offered by the
state In this case. He said while there
was no ether in Metcalf's stomach
there were evidences that it had been
there. Went over carefully the testi-
mony of Prof. Howard, the Columbus
chemist who made the analysis of
Metcalfs stomach. The prosecutor
said that the testimony Of Dr. Singrey
and DR.. Conard showed that there
were no external marks on Metcalfs
body which would indicate that any
blow on the head caused his death.
Prosecutor Cromley then went over
the testimony of Detective Rowley.
How he talked with Mackey In the
county Jail all night and how this test
imony was not allowed as evidence in
this case.
The prosecutor said that DR.. Lari-
more, one of the witnesses for the de-
fense, said that no conclusion of the
brain could result without an external
injury being visible. Next the prose.
cutor took up the testimony of R. D.
Burkey, the man who had an assumed
name
The prosecutor spoke of the testi-
mony of Mrs. Lee and said if the pris-
oner had been as faithful to her as
she had been to him, Michael Lee
would never have been here for trial.
The prosecutor said in closing no
sympathy should enter into this case.
that the prisoner should be brought
to justice.
Judge j. B. Waight
Judge Waight opened the defense
He said that the defendant was indict-
ed on two charges-the first being that
poison was placed in the liquor for
the purpose of doing an injury and not
killing Judge Waight read that
section of the statute on which Lee
was indicted. Therefore, the speaker
said, that in his argument he would
show that the intent was only to in
jure and not to kill according to the
wording of the indictment as pre-
pared by the state. The judge then
took up the other count in the indict
ment, manslaughter, and made several
suggestions to the court on which to
charge the jury in this case.
Judge Waight to the jury said that
the state does not show that poison
was administered for the purpose for
killing but for injuring. The speaker
said before law deprives anyone of his
liberty, that the jury must determine
beyond reasonable doubt that the
defendant is guilty. Insisted that the
state must have shown beyond rea-
sonable doubt that the defendant is
guilty of both counts. The speaker
said the jury was not trying the case
against M. 7. Lee for the illegal sale
of intoxicating liquor The jury was
not trying Lee on his character.
Judge Waight then took up the mat
ter of evidence in the case. First talk
ing up the amount of ether alleged to
have been given Oniy one witness
testified as to the quantity of ether
poured into the whisky and that was
Wolfe. Said bottle of whisky was two
thirds full before ether was poured
into the whisky. Such vial contains
seven-eighths of dram and there are
drains to an ounce If this amount
of ether was poured into 10 ounces of
whiskey you would have to figure
where the ether was. Testimony
showed that Metcalf got but one drink
from the bottle and that was not
apnuUb m oottca his daafh
Judge Waight then took up the evil
dence of Chemist Howard of Colum-
bus. The chemist did not make an
analysis for the purpose Of ascertain
ing the quantity of ether. Proof shows
that Metcalf only got dose equal to
a-dose of medicine. The speaker said
that in the case the state must prove
that the ether was of sufficient guam
tity to produce death and the state
has not done that.
Judge Waight then spoke at some
length upon the coroner's inquest. Said
the only examination made was to
find evidences Of poison and no exam