The Sentinel=record., 1912-11-06
ARGUE NEW TRIAL
 FOR SCHUMANN
CIRCUIT JUDGE GOTHAM TAKES QUESTION UNDER ADVISE
 MENT UNTIL SATURDAY.
Three Important Points Are Covered in the Enthusiastic Argument Made by Attorney Bouic
 for Schumsnn.

After exhaustive arguments on the mart of Attorney w. c. Bouic. in be- half of motion for new trial for Clarence A. Schumann. who was con victed of murder in the first degree which carries with it the death pen. alty, Circuit Judge Gotham announced yesterday that he would take tle ma;- ter of the new trial under advise ment until Saturday
 Numerous decisions we're cited by both MT. Bouic, and Attorney Scott Wood who prosecnted Schumar1, in the capacity of assistant district attor. ney.
 Judge Gotham stated after hearing the arguments that he would give the situation due consideration, and tliht he would look thoroughly into the subject
 Attorney Scott Wood, who had tried the case for the state, made the principal arguments In opposing new trial of the case. but Prosecuting At. torney Witt was present and closed for the state. reading several sections of the digest, and offering some de cisions in numbered memorandums.
 The principal ground for new trial is covered in three points which MT. Bouic argued, He took the stand that wlen defendant came into court under the insanity plea, and did not deny either the killing, or dispute the fact that there was no provocation, the trial of the issue then hinged on the sanity of the accused, and that really the jury dad nothing else to consider. In brief if Schumann was sane, he was guilty of the charge, and if not legally responsible for the act, he should not have received the verdict
 MT. Bouic argued that the prosecut- ing attorney committed grievous error in asking Collier. state witness. if he was indicted for an offense; and that a second grievous error was com. mitted wlen the prosecuting attorney asked Officer George Howell if Charles Bluitt, another state witness, had not been convicted of grand lar ceny. He argued that these questions were to prejudice the jury againss the witnesses tfa "
 Mir. Bouic argued further that tk- court committed grievous error when the court remarked. after one of Deputy Scott Woods objections to his tBouic's) arguments, that the cours was surprised that Mir. Wood had not objected before. MT. Bouic claimed this incident crippled the Seffect Of his argument for his client
 Another point which Mir. Bouic ar gued at length was that the court erred in not permitting him to in troduce various witnesses to testify that Mrs. Schumann had said that Sncun1ann was morphine fiend and that she was afraid of him doing her personal violence.
 Attorney Scott Wood offered a mum. Der of authorities to support the con tention of the state that theIe was no error committed in the trial of the is- sue, and that the proceeding had been regular in all its details. He dis claimed importance n the points em- pnasized by MT. Bouic, and regarded them as trivial in the matter of the final conclusion draws by the jury.
 In stating he would give considera- tion to the matter until Saturday, Judge Gotham said that he regarded the duty of the court in the mater of being certain that Schumann, as well as any other defendant, slould be given every consideration to which he Is entitled in court and that he would go over the decisions argued with deliberatipn.