The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-04-25
ARGUMENTS
In Case Of Ohio VS. Bolton
Begun Monday Morning
Prosecutor SmyihG Opens
For The State Of Ohio
Judge Waight Makes First
Argument For Defense
Followed By Owen And fitz-
gibbOD, Miller Closing
Judde WiCkham tn Char0e
The JURY. Tuesday Morning,
Judge WiCkham To Charqe
The Jury. Tuesday Morning

The largest crowd of any present In
the court room since the opening of
the Bolton murder trial was there
Monday morning, at which time the
arguments by counsel to the jury were
commenced. A hundred or more Mt.
Veronn women were in the audience.
The jury, in charge of Bailiff Pur-
cell, visited the Logan pumping sta
tion at Bangs and inspected the coun-
ty infirmary Saturday morning, re-
turning in time for dinner at the Cur
tis house. On Sunday morning they
heard sermon by the Rev. Ira ].
Houston at the First Congregational
church. In the evening they attended
services at the Vine Street Church of
Christ, listening to a sermon by DR..
David Francis. Early Monday morn
ing all arose and took long walk,
and when the hour for opening court
arrived all were on hand and in good
health.
Immediately after court convened
Judge Wickham gave some special in
structions to the jury, as requested by
both state and defense.
Arguments Started
Prosecutor Phil B. Smythe, who is
generally regarded as one of the most
eloquent orators among the members
of the Licking bar, opened for the
state. He said at the outset that the
state believed that it had made case
against Bolton as promoter, manager
and inciter in the matter of lynching
Carl Etherington. He argued that the
very fact that Bolton remained at his
place of business that day and even
ing, standing out in front part of the
time and apparently having no inter-
est in what was going on was for the
purpose of making ldefnese. The
prosecutor described scenes of the
day and evening. He then reviewed
the testimony of a number of witness
es, particularly that of Joe Bush. In
closing, the prosecutor declared that
the defendant himself had furnished
the state the strongest single item
that there is against him-the note
that Bolton wrote to Bush in the Lick
ing county jail. ''Why did this defend
ant show such an interest in this man
Bush as exhibited in this note?" was
the question with which the prosecut-
or concluded his argument.
Judge J. B. Waight opened the ar
gument ON behalf of the defendant.
First, Judge Waight addressed the
court and jury on matters of law re-
lating to. aiding and abetting a crime.
In the course of his argument Judge
Waight became very eloquent at
times. He declared that no worse
blow could have been struck to arouse
public sentiment against the business
in which Bolton was engaged than to
have taken Etherington out of Jail
and hanged him. you only need to
give Bolton with having good common
sense to see that he had no part in the
crime of July g." said the lawyer. He
did sell liquor" continued the attor-
ney, "but that does not make him
guilty of the crime with which he
stands indicted here" Judge Waight
asked the Jurors to lay aside all preju-
dice and to discriminate between the
unlawful acts of selling liquor and the
crime charged in the indictment AS
to the testimony of Joe Bush, Judge
Waight declared that this witness was
inspired by his hope Of either escap-
ing the penalty for the crime to which
he confessed, or amelioration of his
punishment. In closing his address to
the jury Judge Waight declared that
the state has signally failed to show
that Bolton was in any way connected
with the lynching of Etherington, or
that sales of liquor by the defendant
were made with view to encourag.
ing anyone to commit crime.
It was 1880 o'clock when Judge
Waight concluded, and recess to p
m. was taken. When court convened
in the afternoon Hon. F. v. Owen con
tmued the argument for the defense
He was followed by Mr.. J. r. Fitzgib
bon of Newark. Both attorneys went
into the case at length and much OF
/ tha taafinnnnv Was reYiaWad Each at