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Jurors Are(Contmubd From Page One)elwitslt;cCif.Vf(iThe Marshall ease ' Was the first for trial at this week’s special session of.Criminal''court. Judge Swirles L; Himes is presiding at the session.Testimony for the Commonwealth and the defendant was concluded at the Monday session and this/Tuesday forenoon, when court convened, counsel for the defense and the Commonwealth argued the case to the jury. The arguments were followed by Judge Himes' charge to the jury, following which the jury retired to deliberate on a verdict. •‘ The Commonwealth called two witnesses, both Liquor Control , Boat'd officers. The Common-ji wealth's testimony was to the effect that an' 'officer called at the Marshall Club, at 225-227 West Shirley Street,.Mount Union, on Friday, June 5; Saturday, June 6, and Sunday, June 7, 1964. On his first visit he was refused admittance, but testimony was.to. the..effect that Marshall gave him. two bottles 1'of. beer.’•The officer testified that he returned ’to the club again on Saturday . night and a number of x\ peopie were there, ike Harris of Mount Union was behind the bar; Marshall was not there at' the time .but .came later. The ^witness stated.he bought gin and r.j paid Harris 70 cents. On Sunday ' evening,- the witness stated, he bought... whiskey, gin. and beer for. himself and. s a w- .Marshall serving oth e r;s and accepting .money.,for it...Before the witness left the Marshall Club he testified he bought two bottles of beer, to take along and was served by Marshall who acceptedpay for it.,.Testimony, was received to the effect that the Marshall Club was not-, a, licensed establish menfc... - •The defense chief witness, Iklt; Harris, stated he had gotten thi key from Marshall, to open up tlt; entertain the -baseball player; from Mount Union and Mercers burg to drinks following a bal game. He did not admit the en forcemetib officer but saw hitt drinkixig.: The drinks were pur , chased bv.Harris and taken b f I the club in advance of the party Harris said Marshall was not athe club -any time during th party. • Harris stated : he sav Marshall and the officer talkin; i-at- the-bar.-on Sunday evening :8 The.- officer was. not. charge for drinks during the party.. The defendant testified h talked -with the. officer on Frida evening at,the door but-, did ni admit.him. He.:was not a menber, .Marshal stated.; Howeve he gave him two bottles of bes when he left Friday night. Ma shall testified he was in Alto na-.on Saturday, .afternoon ar night-and did not see, the offie until Sunday evening about 5 ( clock; There was a gefc-tog ther party for the ball playerMarshall said. Marshall testify at no time did he sell the of ,cer.. any .beer.- or liquor, but 'admitted giving-him drinks a: i three bottles of beer to tal along when he left Sund; night.Mrs. Rosella Fink of Aitoor 9j} a friend of Marshall, testifi Marshall was at her home i Saturday afternoon and even! 1 and left’her home after midnij for Mount Union. She was i aware of his arrest until 1: week but recalled the date v June 6,he-- visited her home. Altoona.In rebuttal the officer iestif he left the Marshall Club w vel Harris and his wife on Saturc a-1 night to go to the Elks Club Mount Union.'It was not Sunc night, as Harris contended.n15iys.anhe
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The Daily News

Huntingdon, Pennsylvania, US

Tue, Oct 12, 1965

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