Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-01-11
MOHR CASE IS OPENED
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ing appeared as counsel for Mrs.
Mohr, while William H. Lewis Of Bos-
ton, former United States assistant
attorney general. and John B. Ed
wards acted as attorneys for the two
Negroes. The prosecution was repre-
scented by Attorney General Herbert
A. Rice and Assistant Attorney Cen
eral Abbott Phillips.
Judge Stearns assembled the bench
at 1905 o'clock.
Motion Of Lewis Denied
At the outset Of the proceedings
Attorney Lewis for himself as coun-
sci for Brown and for Lawyer Ed
wards, as attorney for Spellman
moved that they be appointed coun-
sci for these defendants. Judge Stearns
denied the motion as regards Mr.. Lew
is on the ground that he was nom
resident of the state.
Mr.. Lewis said he had been down
here 10 times in behalf of Brown
without getting anything as compen-
sation. The court reminded him that
if he so desired and give someone else
chance to be appointed.
The court appointed Edwards to de-
fend Spellman, after Edwards, had
stated that he had not received any
money from his client or any promise
of remuneration from Spellman or his
friends.
Mrs. Mohr Enters
Mrs. Mohr came into the courtroom
while this argument was going on.
She has been out on bail. She was
dressed in mourning and wore a very
thin veil so that her face was clearly
visible Her face was trifie pallid,
but otherwise she appeared to be in
good spirits.
c. Victor Brown and Henry Spell
man were then brought up to the
courtroom from a cell downstairs.
The Arraisnment
Mrs. Elizabeth F. Mohr, G. Victor
Brown and Henry H. Spellman were
arraigned on the charge Of murder.
Mrs. Mohr as an accessory and the
other two as the actual slayers, and al
pleaded not guilty. The trial then pro-
ceeded.
Arthur Gushing Of counsel for Mrs.
Mohr, moved that his client have a
separate trial from that of the Ne
groes for causes set forth in affidav-
it's. Before he had a chance to read
them. Attorney General Rice arose
and said Judge Rathburn had denied a
similar motion two weeks ago. Judge
Stearns stated he did not see how the
motion could be granted unless some
thing new had developed. Mr.. Gushing
was allowed to read an affidavit made
by himself In it Mr.. Gushing averred
that Mrs. Mohr could not have a fair
and impartial trial if tried with the
other defendants because Of the fact
that the confessions admissible in evil
dence as to the Negroes alone would
prejudice the jury against her and that
her defense was antagonistic to the
defense Of the Negroes. Judge Stearns
denied the motion and gave Mr.. Cush-
ing an exception. He ruled taht Justice
Rathburn had already passed on these
questions.
Defendants as Ono
In answer to a query Of Attorney
Lewis the court stated that all defend
ants are regarded as one in the matter
of challenging jurors. Attorney Lewis
then moved that the defendants be
treated as individuals in challenging
jurors and the court denied the motion.
Counsel for the defense by this rul-
ing will have no more challenges than
the prosecution.
Addition to Mohr Counsel
William A. Carroll and James F.
McCartin were added to the legal staff
Of Mrs. Mohr at this juncture and the
appearance Of Assistant Attorney Gen.
eral Claude r. Branch increased the
force Of attorneys on the prosecutors
side.
The work of impanelling a jury was
begun after the clerk Of the court had
polled the venirmen for the purpose
OF ascertaining the number present.
Seventy-five answered to their names.
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