Norwich bulletin., 1916-03-02

I Witness said he was acquainted with Rhodes and knew the Olsens by sight. He told of the position and conditions of the three dead bodies, which was a practical corroboration of other wit nesses. He saw only one frying pan in tde room and that was on the table and he saw no other frying pan. There was a bottle with whiskey in 1t | under the table and also a glass and | a fork. He did not know when the | bodies were moved.
 The only articles In Rhodes pocket | was watch, and that was not down | in the pocket and the chain was hang | satisfied that the watch was placed | there after Rhodes had been killed. In | fact the pocket would not hold the | watch as 1t was torn away. When | Attorney Roche showed the. Rhodes | trousers to witness, he said 1t was pos sible for the watch to have been in pocket, still it was his belief that the watch was placed there.
 The piece of skull he pried from the floor, was incased in blood, he said. Since the murder the shack had been and a ham had been taken, and before the view was taken by the jury. Mel low told witness he shot Rhides in self defense and that "it was either him (Mellow) or the nigger." Mellow looked through the window, he said, before entering the shack Mellow said he did not know just where he shot Rhodes, but thought it was in the neck and shoulder. Since the murder a window in the shack was broken out and was since replaced. Witness went to Tucker store to get a description of Mellow and was told he had a small moustache, while the description given by MT. Smith said the accused was smooth shaven.
 John Smith, the section boss, was recalled and testified that Mellow gave the name of Morris when employed by him as section hand. Mellow had given his name as Jimmy" and did not say that it was something rich and mellow. At 3.20 the state rested its case and a brief recess was taken.
 Attorney Clarence E. Roche, attor-
 ney for accused, immediately after re- cess made a statement to the court and jury in explanation of the defense in the case, and which he expected to 1 said he would show that Mellow de- tended himself against an assault with attempt to take his life by William | Rhodes. Mellow met Oscar Olsen in | Providence and told him that the sec
 tion foreman sent him there to hire | two men and wanted him to work at ! Kingston. He went to work Wednes- | day, Jan. 26. That afternoon Rhodes | was in meeting of section hands talk l ing and drinking with the Olsens and 1 selling them liquor. Rhodes had boy
 with him. On Saturday he worked all | day. Rhodes and Shorty, or a fellow i called Nick, were at the section house
 and were drinking. Gus Olsen after | work went to market and bought
 ham. Oscar and Mellow went to store
 in postoffce and purchased groceries. | They returned to the shack at the
 crossing at S.30 in the evening and
 spoke to crossing tender. Then went to | shack. Mellow prepared supper and
 then Mellow went to get 9.22 train | from Westerly He missed train and
 waited for a freight train. Then 1t | became too late for the trip to West | erly and decided to go next morning.
 He sat down on rail near station and
 at 10.30 went to shack. Went to front | door and 1t was locked. He then went | to rear door and entered the room. Saw | Gus Olsen on floor and Oscar in chair | blood running from his head. Rhodes
 was standing at the table, with money
 in center of table. and taking a revol- yer from his pocket and laid 1t on
 table. AS he entered the room he ex- | claimed Whats the matter?" Rhodes reached for the revolver and at the
 same time Mellow grabbed frying pan
 from stove, that he had fried eggs in l for supper, and struck Rhodes with 1t | knocking the pistol to the floor. He | struck him again on the right side of
 the head with the pan and drove him to the floor. He attempted to strike | again and as he drew the pan back it's
 handle broke off and pan dropped. | Rhodes then came for Mellow with an
 axe. Mellow reached down, got the
 revolver and said ''Will you give up?'
 Rhodes came for him with the axe and
 Mellow stepped behind him and grab
 bed the axe. Rhodes pulled the axe
 away and his elbow or the axe handle
 struck Mellow in the stomach. Rhodes
 was about to strike again and Mellow
 shot Rhodes twice holding the revol-
 yer in his left hand.
 The claim Is made that Mellow was
 justified in his act as 1t was the only
 means of saving his own life.
 James Rees Mellow, the accused, tes.
 tified that he was born in Boston B
 years ago and lived nearly all his life in Bristol, R. I. He had known Oscar | Olsen for ten years. He went to work in Milwaukee and worked for fou firms and then went on train and met
 Oscar Olsen and left train there. Me
 and worked with him in Bass Lake Witness paid far for Oscar and cared for him, and later Oscar cared for him | He told the story of returning back tC . Milwaukee with Oscar and lost Oscar In Milwaukee. Met him again in St I Louis and went to work there together
 Did not see Oscar again until Junt , last in Kingston. Saw Oscar in tn, gang at Kingston and he came to sta tion with witness. On the 18th of Apri , 1915, went to work on the Westerl. town farm and work there until he me Oscar in Kingston. There was no nor
 work for him at the town farm. H
 next worked in Windsor Locks ant when job was finished there he re . turned to Westerly town farm an, | worked there. Keeper Hoxie wanted him to stay during huslling time bu
 he left, and after a while he walked . to Hartford. He then walked to Bris
 tol and got work there. He neve
 worked where he was not liked. H
 drove a milk wagon in Bristol and lef [ there to spend Christmas with MT Hoxie on Westerly town farm. H