The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-06-09

That Prof. Howard, a chemist Of Co
found nothing in the stomach
of Metcalf
State will show that the flask put
into Mackey's pocket was found near
the scene of the crime by detective
and taken to Columbus and the an
alysis showed poison; that the poison
or drug was ether. That liquor poured
into whisky at Rinehart barn was
ether. Reason ether was not in stom-
ach is that 1t is volatile substance
and could not be detected two days
afterwards.
That Mackey concealed bottle,
which contained the poison, and which
was found by the detective.
Judge Waisht's Statement
Said defendant had pleaded not
guilty. Asked jury to consider all the
evidence carefully. Acknowledge the
finding of the body. Defendant was
called before coroner as a witness and
put under a $4,000 bond and commit
ted to Jail as a witness. Then in
dicted and put under $4,000 bond
which he later furnished.
Defendant stated to his attorneys
that he gave no poison and no liquor
to Metcalf and had nothing to do with
Metcalf's death. Was indicted for
bootlegging, but was ready for trial
and at time of alleged selling was IN
the city of Columbus and did not sell
to Metcalf. Expect testimony to show
that killing of Metcalf was not done
by M. r. Lee. He said testimony at
coroner's inquest kept secret and testi-
mony in the grand jury room kept
from the public and counsel of the de-
fendant had no access to the same.
Judge Waight said the jury should
visit the scene of the alleged crime.
The witnesses for the state were
sworn by Clerk of Courts Bermont.
The motion asking that jury visit
the scene of the alleged crime was ov.
erruled by Judge Wickham. Excep-
tions taken by the defense.
The taking of testimony in the case
was then proceeded with.
Charles l.. Bermont
Clerk of court of Knox county. Was
shown by the witness that a case was
pending against M. Y. Lee for boot
Logging" and that Charles Fl. Metcali
was witness in the case.
Prosecutor introduced as evidence
copy Of indictment against Lee, charg
ing him with "bootlegging," also 8
copy of the subpoena issued to Charles
r.. Metcalf as a witness for the state
in the case against Lee.
Defense objected to the exhibits
and objections overruled.
Richard Fowler
Lived in Mt. Vernon for IL years
On March 20, worked for Rinehart
livery barn. Known defendant for Il
years. Knew Metcalf or years
Knew Wolfe and Mackey for or
years. Mackey was pipe liner. Wolfe
was bartender. Lee ran saloon
Didn't know what business Lee was in
on March 20. Saw Lee at Rinehart
barn at p. m. March 90 Also saw
Wolfe and Mackey at barn at same
hour Heard Lee tell Wolfe wanted tc
see Metcalf and have him come to the
barn. Metcalf worked at Wards liv
cry. Wolfe went to Wards, came
back and said Metcalf was busy
would see him later. Lee said moth
ing. Saw Wolfe again between 6 ant
Z o'clock. Heard Lee tell Mackey tc
get Metcalf at thls hour. Lee ther
went to Ward barn. (This statement
was ruled out
Lee went north from Rlnehart barr
to Ward barn. Renamed short time
AT this time Mackey was with Lee
This was between and 8. When Lee
returned he was accompanied by Met
calf and Mackey. Heard conversation
about Metcalf going away. Heard Lee
tell Maclley to take him to Homer
Metcalf said he would go and get jol
on pipe line. The three men had becr
drinking Lee had the liquor. He
treated Witness, Metcalf, Wolfe
Mackey and others had a drink. wit
ness then went in and laid down. Lee
Wolfe and Mackey came in and heart
them say they would send Mackey
away, that evening to Homer. Lee
gave Mackey some money and said Il
this WASH enough would give hin
more. Mackey said wouldn't go II
Metcalf was too full. Lee said no dan
ger only gave him two shots"
Didn't know who hitched up rig. Lee
Wolfe and Jesse Butler present,
Metcalf mumbled something didn't
hear. Didn't see anyone put Metcali
in the buggy, Saw Lee in the Office
after men left in the buggy. Witness
talked with Lee and said 1t was bat
thing to send Metcalf away. Lee sale
nothing to the knowledge o. the wit
ness, Said Metcalf had been drinking