The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-04-21
after the remarF was made,

peach Hull, and those used to dis
credit Motherspaw, the defense calleu
ten witnesses to impeach Thos. j
Baird, state witness who had testl
fled as to certain things he had hearC
Bolton say on the day of the lynchlng
The majority of these were farmers
from Hopewell township, Licking Co
and were neighbors and acQuaintances
OF Baird before he removed from thai
community to Newark.
Judge Wickham urged the defense
to be more prompt in calling their wit
nesses. 1t developed that the defense
had not arranged its list in the order
that 1t desired to cali witnesses. A
short recess was taken that this might
be done.
AT the time the witnesses for the
defense were sworn by Clerk of
Courts Bermont, Lewis J. Bolton
stood up and took the oath, indicating
that he expects to go upon the stand
in his own behalf.
Messrs. Fitzgibbons and Owen of
defendants counsel said at noon
Thursday that the defense would
probably rest by noon Friday. 1t is
likely that the state will then offer
evidence in rebuttal, and this may
take the remainder of the day.
Judge, Wickham has said that If
there is any possibility of completing
the trial this week he may hold court
Saturday.
Wednesday Afternoon
The state rested in the Bolton MUIR
der trial at 2:35 o'clock Wednesday
afternoon Owing to the fact that
the witnesses for the defendant had
been ordered to report Thursday
morning, the defense was not ready to
start its case when the state had fin
lshed, and court was adjourned until
Thursday at a. m.
1t was the general belief among the
spectators in the court room Wednes-
day that the state had greatly
its case beginning with
The testimony of Joe Bush, the man
who turned states evidence. The wit
1esses who followed Bush corrobor-
ited him on many points as to the
crowds in and about Bottoms saloon
IN the day and evening of the lynch
ng, and some of them testified as to
what they had heard and seen De-
endant Bolton say and do on that day.
Perhaps the most damaging testi-
nony offered during the afternoon
session was by Carl Motherspaw, a |
'oung farmer who was in Newark on
he night of the lynching. This wit.
less testified that he saw Bolton fol, |
owing the lynching He said that |
BOLTON was in his shirt sleeves, that !
;ollar was unbuttoned and his hairf
and that he (Motherspaw)
leard Bolton say: "This is the hard |
'st days work have done and | |
do it again." This was the
lrst time that Motherspaw had ap-
eared In connection with any of the
rials growing out Of the lynching.
lie was given rigid cross-examina.
ion, but was not shaken from his ex-
mination in chief.
When Motherspaw was excused
rom the stand another witfess was
allied. This man was not present.
Smythe said that he de-
ired to show by this witness that at
he time Joe Bush signed the affidav-
exonerating Bolton, and which the
efense had offered as an exhibit
'hile cross-examining Bush, j. R.
itzgibbon was attorney-of-record for
lush. The defense said that it would
e admitted that such was the case.
he state then rested.
The defense Immediately moved the
ourt to direct verdict for the de-
endant. Judge Wickham overruled
he motion, to which the defense ex-
epted.