New Britain herald., 1916-02-05
MOHR MURDER CASE
 IN HANDS OF JURY
ognizes No Color, No Creed" prizes No Color, No Creed"
THREE CITIZENS ON TRIAL

THREE CITIZENS ON TRIAL Court Orders That Alleged Confession
 of Negroes Is Not to Be Considered
 As Against Widow-ExpIains De-
 gree of Proof Necessary to Convict.
 Providence, R. l., Feb. 5.-The case of Mrs. Eliza beth F. Mohr, c. Victor charged with the murder of Dr. c. Franklin Mohr, the woman's husband, was given to the jury at 1O:45 o'clock today.
 The jury was still deliberating at 1 o'clock. Mrs Mohr left the court room shortly after the judges charge was concluded, although large crowd remained, evidently with the expecta tion that an early verdict would be brought in. Judge Stearns left the court house at 12:45 o'clock, at which hour luncheon was ordered for the jury.
 Judge Stearns in his charge to the jury declared that it was their duty if they concluded the state had proven it's case to say "guilty'; whatever the consequences, in each case or in any case.
 Bar Prejudice or Feeling.
 ''The law recognizes no color, no creed" the court said. Pay no re- gard to the fact that one defendant is txu0 They are three citizens on trial, and I charge you not to allow any prejudice or feeling, excepting an honest desire to do impartial justice, to enter your minds.
 '"The law in regard to principals in a crime,'' the court explained, lis this: Where any persons are present. aid l ing and abetting in the actual com | mission of a crime-in this case it is murder-they are equally guilty with 1 those who actually commit the crime. 1 Mrs Mohr has been indicted as an ac l cessory before the fact. If you find | she hired, aided, procured or assisted 1 one or both of the other defendants she is guilty Responsibility of Court. Referring to the claim by counsel l that it worked a hardship and unfair 1 ness to the defendants to be tried to- l gether, the court said, 'I hope not. | It does not always work a hardship. i But this is a responsibility assumed by 1 the court"
 Judge Stearns then explained the degree of proof necessary to convict, saying: "All three defendants are in l dicted together, but you will bring in l three verdicts. You will be asked if Brown is guilty; if Spellman is guilty; and if Mrs. Mohr is guilty. The yer diets will be individual as though there had been three separate trials" Verdict on Negroes First.
 Tn court asserted that under the law an accessory cannot be convicted unless one or both of the principals are found guilty and therefore that it was logical that the jury determine if Brown and Spellman were guilty. Taking up a discussion of the evil dence the court first directed atten- tion to the testimony of George w. Healis, Dr. MOhr's cha auffeur, who turned states evidence. Testimony of HeaIis. "How much reliance is to be placed on the testimony of an accomplice?"
 
 you. Healis is a puzzling figure in this case. It's fair question how much of his statement is true and how much is false.''
 Its been argued,' the court said, that Brown and Spellman were jok- ing when they told him they threw the guns away. All I have to say about this is that if man sees fit to io1x oh otI ha' charged with murder, he's got no one but himself to blame if he's taken seriously"
 For Jury to Decide.
 The court said no confession was made by Mrs. Mohr but that, accord ing to the state, she had made threats against her husband number of times. It was up to the jury to deter mine the value of these alleged threats the court said.
 Judge Stearns declared that confes- sions were only to be taken as against the persons making them. Therefore, he said, the alleged confessions of Brown and Spellman were not to be considered as against Mrs. Mohr.
 The court advised the jurors not to talk to newspaper men after verdict had been rendered
 Mrs. Mohr Leaves Court.
 Upon request of counsel for the de- fense the court charged the jury that there was no evidence that the estate of Dr. Mohr was paying for the de- fense of Brown and Spellman.
 When the jury retired Mrs. Mohr left the court room with her attorneys and the two negro defendants were taken to their cells.
 INOJTNn GJTTITY 0F MURDER.