Evening star., 1926-12-13
CROWD STAMPEDES'
M'DERMOTT TRIAL
Deputies Prevent Bursting of
Courtroom Door-MrS.
MeIIett on Stand.
By the Associated Press.

BY the Associated Press.
CANTON, Ohio. December ia
crowd of 800 persons stampeded the
corridor of the courthouse here this
afternoon prior to convening of the
afternoon session of the trial of Pat
rick Eugene McDermott for murder
of Don Mellett, Canton publisher.
Deputy sheriffs were forced to charge
into the crowd to prevent bursting of
the courtroom doors.
Mrs. Florence Mellett of Indianapo-
lis. widow of the slain publisher, took
the stand Immediately upon conven-
ing of the afternoon session.
In the witness stand with her was
her 4-year-old daughter Jane.
AS a counter-attack on the States
claim that Mellett was murdered in
plot Matched out of bootleggers' con-
spiracy, the defence of McDermott
will plead that the prosecution also
was party to conspiracy.
Z. L. Mills, defense attorney, con-
tended in his opening argument to
the jury that McDermott. Ben Rudner
and Louis Mazer are being prosecuted
as the result of a conspiracy between
Prosecutor G. 3. McClintOck; the Can
ton Daily News. the newspaper of
which Mellett was publisher, and Jo-
seph r. Roach, Chicago criminal
attorney. Roach conducted an inquiry
into conditions Of alleged law viola
ton and political corruption in Can
ton.
Court Limits Mills.
Mills said the defense will show that
McClintock, q candidate for Congress
at the time, was forced to procure in
dictments against McDermott, Rudner
and Mazer by reason Of his campaign.
On the prosecutors objection, the
court ordered Mills to confine himself
in his statements to an outline of his
defense of his client
Prosecutor McClintock in his open
ing statement said the motive for the
murder was found in the repeated
newspaper articles in the Canton Daily
News exposing bootlegging activities,
naming the alleged traffickers and
cOntending they had the protection
OF the Canton Police Department.
THE evidence will show that Pat
rick Eugene McDermott was one of
the conspirators, the prosecutor said.
Mills said the slain editor had writ
ten many articles in which motive
for murder might be found and that
the defense would show this boy"
(McDermott) had no part in the muir
der.
orders witnesses Separated.
Judge Diehl ordered separation of
witnesses and Bernard McDermott,
subpoenaed in Pats" defense. left
the room.
Prosecutor McClintock then opened
his statement to the jury of what the
State expects to prove. He said
This Is q case of murder in the
first degree. There are three persons
porned IN in1icf The npa
we are about to try is Patrick Eugene
McDarmott
Don r. Mellett was the publisher
Of the Canton Daily News. He was
killed July 16 this year. Prior to that
date, for considerable time, his news
paper made attacks upon bootlegg.ng
in this city. He called various
parties by their names-Louis Mazer,
Carl Studer and others. He also con-
tended bootlegging activities were re-
ceiving protection of members of the
Canton police force. This will prove
the motive of the crime
THE. evidence will show that Don
r. Mellett was killed as a result of
conspiracy among bootleggers because
Of the editors attacks on bootleggers
and the Canton police force. The
evidence will show that McDermott
was one of the conspirators."
Mr.. Mills then made his opening
statement.
THE defense will uncover for you
a conspiracy among the prosecutor,
Attorney Joseph r. Roach of Chica-
go, and the Canton Daily News to
force indictment of McDermott We
will show that McClintock was
forced to procure the indictments in
order to carry on his campaign for
Congress"
Coroner Takes Stand.
Coroner T. c. McQuate was the
States first witness.
II found Don r. Mellett lying on
q lounge, dead, at his home he said
in the course of testimony. 81 found
he had been shot through the left
frontal bone of the head
The coroner then produced the TOP
of human skull bone and explained
the bullets course. Death was due
to bullet passing through the BRAIN"
he said
DR.. McQuate was not cross-exam-
ined.
The second witness, DR.. Guy Max
well, family physician of the Melletts,
said he made no examination of the
EDITORS body except to determine he
was dead
Ray Bechtel of the Stark County
surveyors office was next put on
the stand to tell of an examination
made of the Mellett premises. from
which a profile of the bullet trajectO-
ries was drawn.
Vague reports of a plot to free Nc
Dermott have resulted in the placing
of extra guards around the defend
ants cell in the Stark County work
house.
A man whose name was not di-
vulged, but who said he had been "on
the inside" of the alleged plot told the
police Of the scheme, and although
authorities placed little credence in
his story, extra precautions have been
taken the last two nights.