The Nashville globe. [volume] (Nashville, Tenn.) 1906-193?, 1917-02-09
DID COL CARTER STORY CAUSE
DEATH VERDICT?
MURDERER LAWYER SAYS
READING TO JURY INTIMI-
DATED JUSTICE

Was justice intimidated through
racial prejudice in the jury room
where twelve men decided Earnest
Wallace, Negro, must hang for the
murder of Jacob Levine and William
Monroe in a saloon at Twety-seventh
and Federal streets on the night of
June II, 1916?
Evidence which may remove Wal
lace from the shadow of the galloWs
and which Attorney @. ]. C. Wray,
his attorney, says proves the jury
was prejudiced by its foreman has
been placed before Judge George B
Barrett, who has since September u
last, been considering the condemned
mans motion for Il new trial A hear.
ing on the motion is slated for today.
Tells Goose Story.
This evidence is in the shane of a
sworn affidavit to the effect that the
foreman of the jury Albert Grauer of
Sears. Roebuck and Co. told the jury
the STORY about the goose that is re.
lated in Col. Carter of Gainesville,
and that he told the defendants COun.
sci the day after the death verdict
you know all colored people are liars,
and they are artful liars"
A second affidavit is sworn to by
Rodrick w. Mason, son of Congress
man Billy" Mason, another member
Of the death jury, asserting that he
heard Grauer tell Attorney Wray
about telling the Col. Carter story in
the jury room. A third affidavit not
yet presented in court contains an ad
mission by Grauer that he told the
story to the jurors.
Attorney Wray contends that the
STORY about Col. Carter of Carriers
vile" was meant by the Jury foreman
to prejudice the other members by in
citing their race prejudice.
Will Garry it Higher.
81 maintain" said Mr.. Wray, "that
justice was inundated by this story
which is full Of race prejudice, and
that it had bearing on the verdict
itself. The United States Supreme
Court has held that such is the case
There could not have been an impair
tial verdict rendered after Grauer tolt
the jury that story, and the constitu
ton says that every defendant is en-
titled to this. If we are not granted
new trial I shall carry the case t.
the United State Supreme Court i
necessary"
"Wray asserts five prominent bust
ness men, whose names he declines Il
announce, have interested themselves
in the case, and are willing to spent
large sum to fight for the freedom
Of Wallace. These men, he says, tool
up the fight after Grauer had signef
his affidavit concerning his actions II
the jury room, and the obtaining o.
more evidence, which Wray says, will
prove that the condemned man was
not near the saloon at the time of the
double murder.
Testimony Disproved.
The testimony-of John Porter, who
was the states star witness. identify
ing Wallace as the murderer has beer
disproved by affidavits of persons Of
the underworld, Wray says. Wray
charges that Wallace was arrested fol
the murder solely upon Porter's charge
and that he now can prove that Porter
was not in the saloon when the shoot
ings occurred. Porter was held in jai
as a witness, but disappeared follow
inc the trial and cannot be found.
81, ohor ha1 H. No.
information that Wallace's arrest was
the result of feud with the police
who sought to "hang something upoI