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

turned Talked with Lee in the after
noon about some minor matters.
Said he had seen Metcalf and Lee said
nothing at that time. Witness talked
with Lee later and latter wanted him
to drive Metcalf out in buggy. Lee
said he didn't want MetcalI to testify
against him at the trial. Witness
said nothing more was said at that
time About the barn all afternoon
and again talked with Lee at 4 o'clock
Lee wanted witness to drive Metcalf
in buggy, replied would drive in day
light, but not at night Lee said all
witness would have to do would be
the driving. Next talked with Lee at
o'clock in the evening at the livery
barn. Lee asked witness to drive Met
calf out to Homer. Witness didn't
want to drive after dark. Others in
barn, didn't know whether they heard
conversation. Went to Ward barn
three times for Metcalf at request of
Lee. Lee said to witness on last trip
to the barn to see If Metcalf would
60 Metcalf said he didn't know
whether he would go or not. Witness
didn't hear conversation between Lee
and Metcalf at Ward barn. Saw Lee
give Metcalf drink out of bottle.
witness didn't get drink out of this
h0ftln If uy1C dor a,,,1 70
kind. Witness only remained short
time at the barn. Lee gave Metcalf
but one drink at Ward barn. On re-
turn to Rinehart barn all took drink
OF liquor furnished by Lee, which he
took out of his pocket Didn't know
whether or not bottle was full. Left
Rinehart barn and returned later
when he saw Metcalf, Lee, Wolfe and
Others Witness still refused to drive
after night, but Lee insisted. Lee,
Wolfe, witness and others took an
other drink. Metcalf was sitting in
the office. Metcalf didn't take a drink
on this occasion.
Shortly afterward all in the party
took a drink with the exception of
| Metcalf who was still in the office at
the livery barn. Witness didn't notice
anything wrong with Metcalf Metcalf
was sitting on chair; was saying
| nothing. Lee then gave Metcalf a
drink. Lee took small bottle out of
jacket. Held the bottle in one hand
and bottle of liquor in the other. Lee
said he was going to give Metcalf a
shot" out of the smaller bottle. Wit
ness said Lee stood up and held a bot.
| tie in each hand Witness told Lee to
be careful. Lee said won't hurt him,
only make him sleepy. Witness went
to the door for a period of from 2 to
minutes. Upon return of witness Lee
spoke to Metcalf and said take anoth-
er drink. Lee then said, Charles is
now ready to go.
| Saw Metcalf take bottle in his hand
and then witness went into the bar.
ness room. Witness didn't know what
| i<OC Nio WIN tiiC Slldil Vial. w one
and Fowler were present at the time
Fowler said nothing At this time
Metcalf was the worse for liquor. y
Lee brought out the horse and Burkey
and Lee hitched up. Heard no con.
versation while hitcbing up, only Lee
said "he has consented to go, we will
hurry up and hitch up" Metcalf got
in first Metcalf first said he didn't
want to go as 1t was too cold Lee
| got Metcalf an overcoat Lee called
witness in the harness room and gave
him drink and pint of whisky also
a dollar and let him know in morning
and would send more. Put money in
pocket.
Witness then got in buggy with Met
calf who was under influence of liquor
Metcalf was almost limp Asked if he
was all right and Metcalf said he was
Lee gave witness another bottle about
half filed with liquor Witness said
he had two bottles.
Mackey continued his evidence on
Tuesday afternoon. He was shown a
bottle and could not tell whether OF
not it was the bottle he had on the
night he drove with Metcalf in the rig
Witness said he was not sober when
he drove out OF the barn with Met.
calf. Drove over the viaduct and Met.
calf struggled In the buggy and wit.
ness warned him about danger of fall
ing out. Metcalf wanted to get out
Metcalf laid back in the buggy and
went to sleep and never uttered an
other word. Witness said he had
agreed with Lee to take Metcalf to
Homer and keep him day or two if
| possible. Lee would pay all the ex-
penses. Witness knew the road to
Homer. Went out Martinsburg road.
Went to sleep and didn't know where
he was going. After struggle on via
| duct witness took bottle from pock-
ct and took drink. Took one swal-
low and put bottle back in the pocket.