The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-12-02
ARGUMENTS ARE MADE
IN THE FUTILE CASE
Case Goes to Jury This Afternoon futile Goes
on Stand and Tells His StOry---Drank a Great
Deal the Day Of Assault But Denies Knowing
Anything About lt-EndeavOrS to Prove AIibi.
"aiGh Pocket" Parker Called to Stand.

After some Of the most brilliant and
forceru argument ever heard in the
local court room, the case Of the state
,f Ohio against Almon Tuttlc, charged
with the attempted criminal assault
81 Miss Flora Spicer on the night OF
Gully .. 1911 was submitted to the jury
shortly after four o'clocS this after
noon.
In order 90 bring this about II was
necessary to hold court Friday even
ing until about ten o'clock This IS
the first night session that has been
held during the week the trial has oc-
cupied the attention of the court ana
G Gated such deep interest throughout
the city.
About four o'clock Friday afternoon
the prisoner was put on the stand,
from then until $3.50. when court ad-
journed. until 1880 and from then until
almost ten, Almon Tuttle was put
through grilllng examination. lie
gan his story with the day before
the assault lie explained that he had
been drinking lie stated that on Sun
day morning. the evening of which the
crime was committed. he had gotten
up and taken seven drinks of whiskey
before his little boy went to Sunday
school The little boy corroborated a
portion Of this Tuttle then went on
to describe what he had done all day
admitting that he had taken perhaps
- drinks during the day
The prisoner told about meeting var
ious people az different times Of the
day and f. certain portions of the city
and finally brought himself up TO
o'clock a; night. when he claims nc
vas talking with Newton Childers,
Verne Pinyerd and another man In
n ont of the city National Bank.
Chllders and Pinyerd had testified tC
having left Tuttle at eight o'clock
Tuttlc then declares that he went NJ
Main streets tO Mill street acros.
Mil to state, mp State to George and
On TO his own home, arriving there
about $3.50 o'clock. He denied that n,
had ever made the statement attribut
ed to him by. David Haberman, regard
Ing Miss Spicer; denied that he hat
told officer Thompson he knew tn,
guilty man and firmly denied ali tn,
! damaging points against him. nh,
prosecution did NOT shake his testi
mony much on long and vigorou
cross examination
Tutue's 1O-year-od son, was a
home, so he testified. when his fathe
came in. Shortly after the father hat
gone TO bed. they boy says he hearC
the clock strike nine. sun time Is KEEP
H. the Tuttle home and that woult
make the time about $3.50.
Miss Annie Orians testified that she
had been delivering milk the eveninl
Of the assault. She had been approach
cd by heavy set man who Offered
her some candy and urged her to e
walking with him. She became fright
ened and ran to the home Of Mr.. ant
Mrs. Otto Artopeus, getting Mr.. Arto
peus to accompany her on the re-
manner of her trip. Mr.. Artopeus stat
ed that he had accompanied Miss
Oritns. The purpose OF the defens,
IN introducing this testimony was tC
prove that someone other than futile
but resembling him in general appear,
an ce, had been in the vicinity of Tn,
crime and had attempted to persuad,
a girl TO accompany him on stroll
| High Pocket Parker was called b,
the defense. He stated that he hat
been asleep near the scene OF the
crime, luntil awakened by officer
Snrock and sent about his business
William Hudson who had been sub,
Ioened last Monday from Cleveland
did not arrive un'u this morning. HI
threw little light on the matter. othel
than TO state taat he had been one o
the men who had walked Miss Rogers
up and down ON the sidewalk to quie
her nerves. He didn't remember wha-
she had said in the way Of describinl
the assailant Of herself and Miss Spi
| Ger.
Shortly after nine o'clock this morn
ing both sides rested Three hours oi
each side was allotted by the court fo
IapOurpapf a th. ftrts ppngQcntpr ms