The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-11-30
futile CASE
GOES OVER DAY
M i | d Surprise Created
When Judge Babst Ad-
journs Court.
WARNS JURY TO Be CAREFUL
Had Heard Juror Stopping
at Home of Person Near
to Tuttle.
Prosecution Hints at Sur.
prise in View. of Certain
Things.

Judge Daniel u bst. Of Crestllne,
| c. Gated something OF II mild surprise
when he adjourned common pleas
court Wednesday evening to nine
o'clock Friday morning. The trial of
the case of the state against Almon
lTuttle charged. with attempted Grim
lnal assault OF Miss Flora Spicer. has
| been on for three days 1t has at
tracted the greatest attention and
yesterday the court room room was
simply packed during the afternoon
session.
In dismlssing the jury, Judge Babst
stated that 1t had come to the ears
Ct the court tnat one member of the
jury was staying st the home of a
party intimately connected with the
interests of the defendant, and for
Il at reason he added little extra
caution TO the admonition OF that court
that jurors he particularly careful to
avoid all discussion OF the case; that
they be sure to hold their minds open
and free from prejudice until the case
was finally submitted.
The prosecution has practically
C mpleted it's side of the case. The
strongest point thus far brought out
by the prosecution is the absolute and
positive identification OF Tuttc by
Miss Spicer, and Miss Mary Rogers.
who accompanied Miss Spicer at the
time of the assault. Taken I'm con-
rection with Tuttles alleged state
rcent to David Haherman. these are
me really strong points in the web OF
evidence woven about the prisoner by
the prosecution.
On the other hand. half dozen or
more witnesses have testified to things
which. If true, prove an absolute allb'.
Neighbors claim to have seen Tuttle
lh the vicinity of his own home just
about the time the crime was commit
ted on Quarry street. The defense ~
inclined to attach much Importance
TO the fact that High Pocket Parker
vas found in the vicinity of the crime,
and Parker is now missing from the
city. or was on Wednesday.
The case has been bitterly fought
and the defense still has a number OF
witnesses to be heard. II Will he im-
russible to get the case to the jury
before Saturday, probably In the att
ernoon, as IL will require all day Fri
Cay to complete the taking of evil
dtnce.
rather peculiar feature about the
attendance Is the number Of old men
men G5 years of age and over--who
climb the three difficult flights of
stairs In the court house to get to the
court room. Many OF them have to
stop frequently in the trip, but they
hang ON with tenacity worthy of
better cause, ana finally sink wearily
IN to seats back in the court room
where an occasional sentence from
witness reaches them. The very best
they can hope To do, with women Wit
nosses test!fying in a low tone of
voice. and with tneir own defective
hearing, Is To catch Il phrase now and
tLen that leaVes only II disconnected
impression. Still, they have been
'"tendln' court"
Another type of faithful attendant
IL found among women between 40 and
40 years of age. They have no ac-
quaintance with the complainant or
the defendant but they want to hear
the trial and so, as sooir as the morn
ing work can be done up. they hasten
10 the court room.
A surprise is hintcd at by the pros
1cution in case certain things tran
spire at Fridays trial but the nature
If this Is not indicated at this time
incidentally, the prisoner, Almon
futile. will enjoy turkey today. Sehr-
ff Stark makes II n practise to serve
Il fine Thanksgt wing dinner to his
guests and Tuttle will not miss all the
and Pleasures of the day by |
'ea son of his confinement in Jail.