The Medina sentinel. [volume] (Medina, Ohio) 1888-1961, 1919-11-14
BLOOD MURDER TRIAL
Continued from pape 2)

j. Seymour for the defense then intro
duced motion asking the court to
instruct the states attorneys to elect
degree on which they are trying
young Blood, also that the Judge in
his Instructions to jury tell them what
degree in the courts judgment should
be returned. Seymour produced author
tiles in an effort to prove his conten-
tlons that since three or more hours
elapsed between the time of the rob-
berry and the killing there was no con-
nection-that the homicide was not
committed in perpetration of a rob-
berry. He also contended that as the
boys had stopped at the swimming
pool long enough to divide the stolen
articles, there, according to his con-
tentions the robbery or larceny was
ended. ..'0"
Attorney VanEpp for the state then
read into the testimony excerpts from
cases handed down by the supreme
court showing that as the indictment
charged murder on four counts it was
not necessary for the state to elect
as to what charge they will try the
prisoner at the bar. He also quoted
testimony attempting to show that as
long as the three youths when caught
still had some of the stolen plunder
on their person they had not in any
sense complete dominion over the
property and were therefore guilty of
shooting while in the perpetration of
larceny.
. After hearing both arguments
, Judge Mcclure overruled counsel for
the defense in both cases, and the jury
, which had been sent from the court
room during the arguments returned
| to their places.
First witness called by the defense
, was Mrs. Gertrude Merritt, Blood's
, mother. She gave her age as 81
, years, and stated that her son Claud
was II years of age on Oct. 10, this
4 year. Told Of separation from her
D first husband in 1918 and told of 60
!, ing to Youngstown, working there as
maid in hotel for year; of going
from there to Columbus where she die
: similar work for another year, whe1
|, she married her present husband, Mr.
!, Merritt. After her marriage to Mer
e ritt in 1916 she went back to her ole
I home in Randolph, N. Y. and tried tt
J, get her family together again, thu
d children having been farmed out dur
= mig her absence. Witness, lead out b.
), her attorney, described the poorl!
IS clothed condition in which she founl
her son Claud. She Immediately tool
him to jamestown, for proper cloth
), ing, according to the testimony
If thence to Columbus. This was il
e, 1916. In 1917 Claud ran away iron
home and enlisted He was discharge
in January, 1918, but his discharg
fpapers showing disability had bee
lost. AS further evidence the defens
at this time introduced a picture o
Mrs. Merritt and her son, the latter il
soldiers uniform, taken at Syracuse
ID N. Y, where he had been sent follow
, ing enlistment. Witness testified tina
- Blood was very fond of hunting an
70 spent much of his time in the woods
:, that he nearly always carried fir
III arms which were never forbidden b
le his father. Claimed that defendan
p had worked whenever opportunity pre-
d. sented itself and testified as to see
y, ing him in company with Hulderma
IL. and Lawrence the night of June
)t last.
z Cross examination of Mrs. Merritt
ID brought out the fact that she had lef
s her husband with five children, tn
ID youngest one two and one-half year
of age; that she had never obtaine
ia q divorce but that her parents ha
+ read an account in a paper where MI
IS Blood had obtained same in Canada
d Admitted that in obtaining licens
:. 10 marry Merritt at Columbus that sh
d had sworn her first husband was dead
,. but could not recognize copy of ap
,. plication which state produced. Sh
s denied she knew Blood was living
d when she applied for license. knew
her son had sworn he was 18 years O.
=, age when he was arrested in Colum
a bus; also that he gave this age whel
n enlisting in army. Admitted knowing
s son had burglarized George store il
J. Orrville and stated she had turnet
j over booty to Orrville authorities
+ Knew Claud worked in Orrville bu
e couldn't say where.
8 Court recessed for noon hour.