The Semi-weekly leader. (Brookhaven, Miss.) 1905-1941, 1913-01-18
WAS ONE or MOST BESTIAL
CRIMES IN STATES HISTORY
All Of Evidence in Brief Given At
TriaI---AppeaI win be Taken
to Supreme Court.

II ~ UMPt GMsS SU&h es
The case of the State VS.. j. E..
i Simmons, charged with the rape of
his 12-year-old daughter, and re-
moved to the Lincoln Circuit Court
on change of venue, was called
! for trial at 3 o'clock Thursday
morning.
Representing the State were II.
Nv. Wall, District Attorney, Fl.
Mex. Fulgham. County Attorney
of Lincoln county and j. B. Holden
County Attorney of Pike County.
Messrs. w, r. Cutrer, of Magnolia.
and j. M. Afford. of Tylertown,
represented the defendant.
MOTION MADE TO QUASH.
On a motion to quash the indict-
ment presented by the defendant,
Retta Simmons, the young lady on
whom defendant is charged with
committing an outrage, was intro
duced to testify. She stated that
one DR.. Smith brought her before
the grand jury and remained in
the grand jury room while she was
then interrogated about the charge
against her father. She denied
that her father had done her any
harm. On cross examination she
said she was willing Il. come before
the grand jury, and had not gone
away from home to avoid going.
before the grand jury. That she
told the grand jury her father had
done her no harm and had SO advis-
led DIR. Smith before she was
brought before the grand jury.
OFFICERS WERE SENT 10
GET GIRL.
For the State J. B. Holden stated
that two officers had to be sent to
Louisiana to bring Retta Simmons
before the grand jury. That the
Indictment against the defendant
had been returned and the defend
ant arrested and arraigned and
pleaded not guilty before the time.
when this girl was brought before
the grand jury. That she came
into the grand jury room crying
and almost hystericaI, and DR..
Smith was called to attend her in
that condition. That DR.. Smith
was not in the room while she
testified before the jury.
MOTION TO CONTINUE OVER
RULED.
The court denied the plea in
abatement and overruled the mo-
tion to quash the indictment be-
cause it is shown that at the time
Retta Simmons was brought before
the grand jury to testify the indlct-
ment had already been returned,
and whatever may have been done
at that time in the grand jury
room it had nothing to do with the
finding Of this indictment.
The defendant then moved to
suppress the record and continue
the case because the order changing
the venue is insufficient. The tes-
timony on this motion showed, in
the courts mind, that defendants
counsel prepared the order for
change of venue and that it is
sufficient; and that if it is not, the
defendant cannot take advantage Of
the errors Of his own counsel.
THE CASE GOES 10 TRIAL.
After the above proceedings were
had in the absence of the jury, both
State and defendant announced
ready, and the calling Of the special
venire was ordered. 1t was 2:3Ol
o'clock p. m. before the following
named jurors were accepted BY
both sides. to-wit: A. Bailey, J.
w. Earls. B. f. Pollard, w. s.
Nordan. Archie Buie, Archie
Vaughan, I. B. Wallace, T. j..
LeRgett. Cecil Smith, w. B. Britt,
Fred Kyzar and Walter Linton.
Bailiifs for this jury are Sidney
Smith and R. I. Nelson.
WITNESSES TESTIMONY.
DIR. j. E. Brumfeld, of Walkers
Bridge. the first witness for State