The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-07-09
HARRINGTON GAINS
time FOR DEFENSE,
Skull. Enormously Supposed to Be
That of McCann. Causes
Excitement.
PRELIMINARY TRIAL JULY 20
Prisoner Hesitates in Accepting Il
Cigar. Saying He Does Not
Indulge in the Smoking
Vice"

! Lord Barrinstcn's preliminary teal on
! charge of numbering James T. McCann
wai continued yesterday in justice Camp
| bells court at the request Of me defendant
until Monday. July 20.
The defense declined to give reason for
| the postponement.
After the trial skull mt first sl;,,rosed
| to be that of Mccain. caused excitement
around the junction of Maple avenue and
| the main line of the Suburban. where ras-
! sengers were transferred for Justice Cau,p-
/ bells court
Coroner Koch brought a skull with him
| TO be used in demonstrating while testify
I ing. He got on the car at ,-layto,. and
| when he left it at De Hodiamont he forgot
the skull. 1t was found at the eastern ter
I minus of the Clayton line. and some SEN
sationalist spread the report ihal 1t vas
+, McCann's skull. The report was credited
, until the Coroner recovered the relic and
! corrected the impression.
. Just before the opening of the case bar
rington requested the newspaper men to
deny the report that he had bsen wearing
Tom Aliens silk hat He exhibited n cha
peau which he said he had bought and
|. that he had worn Aliens heai;ear only two
days.
AS soon as the Gaze was called Beno
Altheimer and Charles A. Summers. the
defendants attorneys, asked fog the con-
;inuance. Prosecuting Attorney Johnston
and Special Counsel Davis opposed the mo-
ton on the ground that the application WIS
not In writing and that ii did not conform
to the statute
PRISONER ALLEGES PREJUDICE.
The court overruled the motion and Bar
rington then made affidavit that there
was prejudice against him and he could not
get a fair trial.
The State asked that a reason be given for
the continuance. but Altheimer refused saw
ing the defense did not want to show its
hand at the present time. The motion for
change of Venue was overruled and was
Immediately afterwards withdrawn by At
torney Summers. who then filed another
motion in writing.
Davis argued that the statute author
izinE changes of venue applied to mis,!e-
meanors only and not to fconies.
Before the converting of court the defense
asked that Justices Frank L. Stobie of Wells
ton. Henry c. Helmering of Maplewood and
j. Will Barron of Webster Groves be sub
poenaed as witnesses. These Magistrates
are all located in Central Township and the
Issuance Of the summonses would have had
the effect of disqualifying them from trying
the case. Justice J. Is. Greensfelder of
Clayton is the only other Magistrate in the
township. who would then have been
eligible to try the case.
The subpoenas had not been issued. how
ever. before the case was called Justice
Campbell finally agreed to grant the change
of Venue and ordered the case sent to JUS
tice Heimering in Maplewood. 1t was after
ward agreed. however. to leave the case
in Campbelrs court. and the continuance.
at the suggestion of the State. was then
granted.
The witnesses were called in and dis
charged until July 20.
STRONG GUARD PROVIDED.
The case attracted large crowd. The
courtroom is small. the exact dimensions
being 40X1T feet. and hardly more than half
of those present could crowd inside.
harrington arrived about $3.50 in charge of