The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-06-13
ham finished at 3:15 o'clock. The
case then went TO the jury
THURSDAY AFTERNOON


Continuance OF the cross-examina-
tlon OF X. ID. Burkey.
Witness saw Wolfe, Lee and Met.
calf at barn. Heard no conversation
between Lee and Metcalf Didn't see
men drinking in the barn. Could hear
no conversation. Mackey was not 30.
ber. Talked straight, but had been
Didn't. see Metcalf drink
and paid no attention to him. AS Met
calf tried to get into the buggy he lost
control of himself and Wolfe helped
him into the buggy. Didn't see Met
calf give Lee drink. Didn't see Lee
give Mackey any money. Didn't know
who got the overcoat and put it on
Metcalf. Rinehart was at the barn
about 6 o'clock. Metcalf not present
at this time.
Hucie A. Jones
Court stenographer of Knox county.
Took testimony of Mackey at coron-
er's inquest. Didn't take testimony of
Wolfe. Didn't know who did. Heard
testimony of Mackey in this case.
Mackey did not say before the coroner
that he saw Lee pour contents of
small vial into larger bottle. Wit
ness unable to tell whether or not
Mackey made certain statements with
out examining the transcript. Given
time to examine the transcript Mack
ey did not testify at coroner's inquest
that Lee said'"I only gave him enough
to make him sleepy"
Veronica Lee
Wife of M. r. Lee defendant in the
case Mother of two children. Knew
three years. Saw Mackey at
her house after Lee was indicted for
bootlegging. Mackey said he sold
Metcalf the liquor, not Lee. Cross-ex-
amined by Mr.. Stillwell. Witness did
not seek information from Mackey-
the latter made statement of his own
accord. Saw husband on March 20
early III Cne evening.
At conclusion of cross-examination
Of Mrs. Lee she remained in court
room and took a seat beside her hus-
band.
Defense Rests
At 3:15 the defense rested its case
DR.. r. L. Singrey
Called in rebuttal by the state. Wit
ness said that external marks must be
visible on the head when concussion
of the brain occurs.
Cross-examined by Judge Waight.
No external marks when death re-
suits from nervous shock.
State Rests
At 1922 the state rested
Length of Arguments
The court allowed two and one half
hours side for arguments and ad-
journed court until $3.50 Friday morn
ing.
Friday Morning
Spectators were present early Fri
day morning in the common pleas
court room to hear the arguments in
the case of the state of Ohio VS.. M. T..
Lee. Many spectators were present
at 1880 o'clock.
The court room and gallery were
filled.
The defendants father and mother,
wife and two children occupied seats
near him.
Ellen Metcalf, daughter of Charles
e. Metcalf, deceased, occupied chai'
at the table with the counsel for the
state.
Court was to have convened at $50
O'clock, but it was S:55 when Judge
Wickham directed Court Bailiff Pur-
cell to open court.
The arguments in the case were
Prosecutor L. T. cromIey
Prosecuting Attorney Cromley open
ed the argument for the state. Said
at the outset that attorneys for the
state had no personal grievance
against prisoner, but was their duty to
see that justice was done in this case.
Asked the jurors not to hurry in ar
riving at a conclusion, but to weigh
the evidence carefully. Called at
tention that the defendant deliberate
ly lied to his own counsel in this case
when he said that he did not pour
ether into a bottle of wiskey and give
it to Charles e. Metcau. Prosecutor
then gave an account of the Rose law
election in Knox county and Of the in
dictment of M. T. Lee at the Febru-
ary term of court for violating the
Rose law. Showed there was motive
on the part of Lee to make away with
Charles E. Metcalf in order that he
might not testify at the trial of Lee.
Prosecutor then took up the chain
of evidence as offered by the state in
the case. Spoke particularly of the
testimony of Richard Fowler, telling