Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1937-03-04
JURY FINDS LELAND DAVIS.
AGED 10 YEARS, NOT GUILTY

july FINDS LELAND DAVIS.
AGED 10 YEARS, NOT GUILTY
Tuesday evening about 6 O'Clock,
after celebrating about an hour,
the jury in the case of the State of
Ohio VS.. Leland Davis, 10, found
him not guilty. He had been indict
ed by the January grand jury on the
cnarge OF second degree murder. for
the fatal shooting of his step-father.
Emmett Ham, the night of Oct 10
1886, at the Ham home on Hannv
Hollow road, near Malta.
Four days had been assigned for
the hearing of the case. but II was
completed in two days. Davis was
defended by Atty Clarence Gra-
ham of GAINESVILLE, assisted by Att'v
Bernhard Mercer of McConnelsvilIe
The state was represented by Pros
ecuting Attorney Emmett Abel
This was the first case tried for
murder in Morgan county, in more
than 80 years, and attracted wide
attention and interest The court
room was crowded to overf1owinp
at every session.
At the time of the shooting. Da-
Wis readily admitted the killing Of
his step-father, but stated it was in
self defense, and the jury in it's
finding SO held.
The facts briefly stated in the
case, as brought out were that En-
NETT Ham and his step-son, Leland
Davis, got into an argument here
Oct. 10. near the Buckeye Grill, in
which Ham said to Leland "aIl you
can do is to smoke cigarettes and
wear red Shirts" and ordered him
to get his clothing and get out OF
their house. Davis then resided
with his mother and step-father.
Emmett Ham, wife and two chill
dren, accompanied by Delmar Hum
phrey, drove to the Ham residence
on Happy Hollow road, near Malta.
and in about Is minutes Leland Da-
Wis and Roy Ham, brother of EN-
NETT, went to the Ham place to get
the formers clothing, and Roy and
Emmett got into an argument which
ended in fight, in which Roy floor
ed his brother. When he let him
up Emmett went to a shed and on
returning had an axe and got after
Roy, and after chasing him around
the house couple of times, Roy
slipped away. Emmett then came
to the front door, and it was stated
that Leland grabbed shot gun
which was in the room and went to
the kitchen and loaded it, and EN-
NETT entered the door armed with
the axe, and Davis states he struck
at him, and then Davis fired, the
load taking effect in Hams abb
domen, and he fell forward dead,
face downward, on the floor, and on
the handle. A picture of the dead
man lying on the floor, with the axe
under him, was used among the ex-
hibits at the trial
Following the investigation by
the sheriff, coroner and prosecuting
attorney, Davis was arraigned be-
fore L. N. Seaman. J. P, on the
charge of premeditated first degree
murder He pleaded not guilty, and
was held to the grant jury without
bond. At the January grand jury
an Indictment was returned against
him, charging second degree mur-
der. When arraigned in common
pleas court, he pleaded not guilty.
Because Of the fact that Judge
Carlos M Riecker was prosecuting
attorney at the time of the affair,
he could not hear the case, and
Judge Frank N. Acton of the Fair
field county common pleas court was
assigned by Chief Justice Weygandt
to hear it. This was Judge Acton's
first appearance here, and the at
torneys and those in any manner
connected with the case, and the
public in general, were very much
impressed with his ability and the
very efficient manner in which he
handled the case. Judge Acton has
splendid reputation in his home
county After serving one term, he
was reelected without opposition,
either in the primary or election.
During his first term he disposed OF
more than 1000 cases.
The jurors who served in the
Davis trial were H. j. Thomas,
Chesterhill; Frank Watson, Center;
Ella Manly, Malta: r. s. McClain
and e. M. Watkins, Homer; Nell
Morris, Center; r. A. Arrick, Man
chester; Chas. Campbell, Meigsville:
Clyde Parmiter, Fonnie Hooper, Nc
Connelsville; frankie Hawkins,
Stockport: Elmer Lamb, Eta Mar
tin, Deerfield. The last named was
chosen as an extra juror to hear the
case, and to act In the event one of
the others became ill, or in any
manner incapacitated