The Marion daily mirror. (Marion, Ohio) 1892-1912, 1912-02-14
gxx>>sE<EEEEss<SS.>>ss

vols Of hesitancy during which time
sbc struggled bravely to answer the
embarrassing questions propounded py
the attorneys. little Ethel Van Lear
went on the stand yesterday Afternoon.
in the Mauley trial and told the jury
tbe story Of her terrible experience
-, the night of November %, 1911.
When asked if she could identity the
ron who assaulted her, she pointed
directly toward Manley. she described
him as a tall man with bushy halr anu
stated that he wore a stin nat on the
night of the assault.
Deep silence pervaded the court room
while the little girl occupied the stanu
ana her story and actions excited the
sympathy of the crowd.
Previous to the girls story, Sheriff
stark and Mrs. Thomas Van Lear
mother of the victim were called to the
stand The sheriffs story showed that
Miss Van Lear was the first to speak
when Manley was brought before her
I'm n room at the county Jail a few
hours after the assault had been COM
nitted and that when she did she
identified Manley as ner assalliant'
The testimony of c. e. Gillette
rcporter. who had accompanied the
sheriff and the prosecutor to the jail
ccrroborated the sheriff's story.
After Mrs. Myrtle Boyd who lived at
Nanley's home when he was arrested
Ihad been examined, the state rested
the case.
Manley Testifies.
| Manley was then called to the stanH
| ia his own defense. We claimed that
Ihe went home after leaving the car
and did not walk north on the Bucyrus
pike as witness had stated during
the morning
lie stated that he was in bed when
the officers called at his home for the
purpose of placing him under arrest
! and that he did not open the door Inn
nediately as he mistook them for rob-
| hers. He testified that Prosecuting
| Attorney Justice was the first to speak
i'm the room at the Jail and that the
prosecutor asked Miss Van Lear II
the man before her was her assailiant
before she made a statement Of any
kind.
Manleys attitude on the stand was
cool and undisturbed. He told his
story in a straight forward manner
and answered most of the questions
asked by the attorneys.
| Throughout the trial, Manley's aged
fat ther Columbus ID. Manley OF Cass
avenue, attracted considerable attention
in the court room. He sat beside his
son, frequently talking with him and
| displaying unusual interest in the pro-
ceedlngs. Mr.. Manley Is a farmer and
| is a picturesque character, with a
wealth of white hair and a long gray
beard.
Another Prisoner Testified.
| The prosecution was surprised our
| ing the closing hours of the trial wher
Harry Armstrong, an inmate of the
| county all. was placed on the stand
/ by the defense. Armstrong claimed to
have heard the conversation which
took place at the jail when Miss Van
Lear identified Manley. He. too. testi-
fed that from his cell in the jail he
saw the prosecutor point his finger at
Manley and repeat three times the
question, "Is this the man?" before
Miss Van Lear stated that it was
During the cross examination by the
prosecutor, the witness was asked
"Where do you live, Mr.. Armstrong;"
His answer brought laughter from
the crowd. "Why, at the present time
am working for Johnny Stark" he
responded
Edward Clark, of Kenton, who had
seen Manley In the saloon formerly
conducted by Jacob Weber, on South
Main street, about six o'clock the
night of the assault was the last wit
ness examined for the defense. Sheriff
Stark was called to the stand in rebut.
tai by Prosecutor Justice and court
adjourned.
ARGUMENTS.
At nine O'clock this morning, the ar.
guments by the attorneys began
Prosecuting Attorney Justice opened
for the state and reviewed in detail
the testimony which had been given
He made a strong argument for the
conviction Of Manley.
Attorney Hill opened for the defense
lie contended that there was not sufi,
cient evidence to convice the defend
ant Of the charge which had been plac-
ed against him Attorney Warner fol
i lowed Hill in an elequetn plea for tn,
prisoners acquitaal. Attorney Me
Nally closed the argument for thu
state.
Prosecuting Attorney Justice closeC
the argument for the state about l.
o'clock and court adjourned until 1s
this afternoon.
Judge Scoheld charged the jur
soon after court was declared in ses
sion this afternoon and that bod
retired 70 the jury room shortly afte
two o'clock. IT Is thought that de
} cislon win be arrived at this after
4 noon.