The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-12-02

tice opened for the state and made
splendid and lucid talk covering a per-
100 Of forty minutes Mr.. Justice care
fully went over every detail of the
case. describing the scene of the as.
sault, the conditions, the actions of
Aliss Sipcer and Miss Rogers. and re-
lated what ne believed the prosecution
lad proved by the evidence.
Mr. Justice was followed by Fred q
CUTLERY for the defense. Mr. Guth-
cry made lengthy argument of over
an hour He claimed the defense had
proved beyond doubt that il would
nave been a physical impossibiity for
futile to have been at the scene OF
the crime at the time Of its commits
sion. He went over the incidents of
that day in Tuttle's life and called at
tentlon to the number OF witnesses
who had testified to seeing him 20 to
ms home. He also scoffed at the
identlhcation by Miss Spicer and Miss
Rogers. who. he claimed. were unable
to Identify him that night but a week
later. distinctly remembered that II
was yfuttle's face they had seen the
hisht OF the assault Mr. CUTLERY
claimed this was foolish, I'm view of
the iact that Miss Spicer had seen Tut.
Tie almost daily for a period of eight
months while he lived with his sister
next door to the Spicers. and had tho
assallant been Tuttle, Miss Spicer
wouldn't have hesltated an instant I'm
naming the man who attacked her.
w. r. Moloney or the prosecution
! lollowed Mr. CUTLERY I'm an able pres.
ehtatlon of that side of the case. He
traced Tuttle's movements as disclos-
ed by the testimony and endeavored
to show to the jury that Tuttle had
plenty of time to get to the viciniv
of the crime after seeing Miss Spicer
and Miss Rogers pass the corner n,
Main and Center streets at EIGHT
O'Clock, while on their way to the
kaler Ice cream parlor He dwelt
upon the positiveress OF the identin-
cation talking in all, about forty-five
minutes. ,slMKEp
| il. Edmund Hill, for the defense
picked futile up at six o'clock the
evening of the crime, and followed
him. verbally, step by step from that
time until Tuttle is alleged to have
gone to. his home in a badly intoxi.
Gated condition.. Mr.. Hill contended
that the lefense had proved conclu.
sively that 1'uttle was home and IN
bed at $40, while the crime was
committed about S:45. the young
ladies' having left the west center
street candy store about S:25.
ID. r. Crissinger made the conclud-
ing argument for the defense. Mr.
Crisslnger insisted that n complete
and perfect alibi had been proved
He dwelt particularly upon the mat
ter Of the Identification of Tuttle
claiming that Tuttle could not by any
possibility have been near the scene
of the crime at the time he Is alleged
to have committed the offense. Mr.
Crissnger impressed the Jury with the
tact that they must he absolutely Ger.
tain of Tuttle's guilt before a yer.
dlctcould be rendered against him
He borught out strongly the element
of doubt injected into the case by the
testimony of n number of witnesses
: who saw Tuttle at various times be-
tween eight and nine o'clock the night
OF the crime. In concluding he eX-
pressel the belief that the alibi would
stand and that his client would moi
be held for the crime Of another.
Following Mr.. Crissinger's strong
and eloquent plea for the acquittal
of his client, the court ordered ten
minute recess after which Mr.. Mouser
made the concluding argument for
the prosecution. Mr.. Mouser's coll
legues had cut down their time suf-
fciently to allow him full two hours
for his argument and the court room
was literally packed when he open
ed.
Ably forcefully and eloquently he
painted the picture of that terrible
nights happenings, OF the mental i'm
pression II had made upon the two
lyoung ladies. Of the excitement and
frenzy into which they were thrown.
He attacked the testimony of the
, witnesses who testified to having seen
Tuttle at the times they mentioned
and was making splendid speech at
to the time the Mirror went to press.