Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1916-05-30

stop The officers. said Mitchell, started
to take them to jail at once, but Mrs.
lines prevailed on them to allow her
to remain because she said she was
sick and her absence would leave Mrs.
Harper alone in the house
Here Solicitor Dorsey introduced the
bath-tub and sausage grinder, asking
Mitchell If he had ever seen them be-
fore.
Judge Hines entered objection for the
defense. Solicitor Dorsey again declared
that the state intended to prove murder
by this evidence.
CLAIMS 1T is RELEVANT.
This evidence is relevant" he said,
because we shall prove that at 40 Will
kins street, San Antonio, he killed those
girls. dissected their bodies with I've and
other chemicals, and ground up their
bones in that thing"
THE evidence is not relevant, and
was brought out simply to prejudice the
Jury against the defendant" replied
Judge Hines.
Judge Hill overruled the objection of
the defense on condition that the state
makes good it's contention that the evil
dence is necessarys to the case.
This ruling altered the methods Of
the prosecution, requiring that the meth
DDS be reversed and the evidence built
up to the point where 1t would show
whether murder was necessary to lar
ceny case.
Ordinarily" ruled Judge Hill, 81
would let counsel advance on the state
ment that they would make good their
contentious, but this case is too subject
to prejudice. The state must first intro
duce evidence to show fraudulent con-
version of the money and then, If tho
evidence is necessary, 1t may be used.
MRS. NELMS is CALLED.
Mrs. John w. helms. mother of the
helms sisters, was announced by So
licitor Dorsey as the first witness under
the new procedure. Mrs. helms was at
her home in West End and recess OF
twenty minutes was taken while an
Automobile was sent for her.
Mrs. helms took the stand at 1919
o'clock.
She said she last saw her daughter,
Lois who she said was % years old and
had divorced Walter T. Dennis In june
1914. when she left Atlanta In 1911 for
Carson City, New, to get divorce, ac-
companied by her sister. Beatrice, three
and one-half years younger than Lois.
She identified pictures handed to her
by the solicitor as those of her daugh-
tiers.
Solicitor Dorsey asked Mrs. helms If
she had read letters from Victor Innes
to Lois.
Mrs. helms replied: "Tve read letters
that she got from that man sitting
right there. Victor e. Innes; I have
posted letters for her to him in Car
Ison CITY,"
She pointed at Innes as she spoke
Mrs. helms stated that Lois also sent
letters to NJ. NJ. Kavanaugh, at Box $685.
Portland, Ore, and that enclosed in
these were smaller letters addressed to
Victor Innes.
The first month after her return from
the west said Mrs. Nelms, Lois mailed
her letters in an ordinary way to that
demon"
The court ordered Mrs. Nelms not to
use such language.
QUESTION RULED OUT.
Lois got orders from Innes," began
Mrs. helms, but the defense objected
on the ground that the state had not
proven whether she actually received
letters or whether they were genuine.
Mrs helms was asked whether she
now possessed any of the letters. She
replied that she had none now, but that
she did have three from Innes to Lois
which she kept in the bottom OF a trunk
until, during her absence on April 70,
1914. the trunk was ransacked and the
letters disappeared. Mrs. helms was al
lowed to say that she asked Maria Jack
son, a servant, whether she went into
the trunk; but she was not allowed to
give the negro's answer.
Mrs helms stated that for four
months after the return of Lois, she
received a letter every day; that she
herself had read about one hundred OF
them.
WAS there any mention of marriage
in any of Them" asked Solicitor Dor
sey
Indeed there was" said Mrs. helms.
| The defense objected, and the solicitor
said:
1T is our intention to prove that
dates for marriage wer set by 1nnes,
first for March. 1913,' later for October.
I1913, and then for March, 1914; and
that when Mrs. Dennis left Atlanta,
she went with the understanding that
she was to meet Innes in San Antonio,
marry him there and go to India, where
Mrs Innes-known to Mrs. Dennis
Mrs Margaret Mims-was to keep house
flor them"
! Judge Hill ruled that the state first
prove that money was entrusted to In
mes.
Let US try this case we are on now
and no other" said Judge Hill.
81 didn't know i was to be son re-
stricted," said the solicitor, but l will
try to confine myself that way"
Judge Hines objected on the ground
that a money transaction had not been
established. Judge Hill ruled with him.
ADJOURNS UNTIL TUESDAY.
At this point, o'clock, Judge Hill
adojourned court until 9 o'clock Tues
| day morning. The jury will be held to-
gether in the meantime.
Mr. Dorsey submitted the following
states witnesses when the trial started:
Milas Walker, Mrs. John w. helms, L.
| p. Weathers, a real estate man; L. T.
Mizell, of the Western Union company;
Miss Kate Brown, A. c. Stringer w. d.
Crow, Mrs. Viola Sickles Emma. Harry