Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-02-27
MISTRIAL DECLARED
IN BOOTS" ROGERS
CASE BY JUDGE HILL
Case Was Nearly Completed
When Judge Hill Questioned
Veniremen Regarding DiCto-
graph Incident

| rom the trial on Thursday, Judge Ben
| a. Hill on Frlday declared mistral in
| the case OF W. ~. (Boots} Rogers.
| charged with roDbng PaymaSter \ il.
| boykin, OF the Martel Manufacturing
company. near Hapeville, on the morn
| hS Of last December ,.
The evidence published by the Consti-
tuition was an affidavit by Detective Fat
| Campbell, i'm which he corroboraued
| ioOts Rogers story of distOgraphinS NJ.
| j. YaTter last Saturday night in the
room OF Mrs Viola Tyler and overhear-
| ing Yarter confess to Mrs. Tyler that
| ne robbed Paymaster Boykin and also
robbed Paymaster Black, of the Armour
| .'ertiiizeT company, some weeks previous
| ic the Boykin robbery
When Rogers had finished telling his
story on Thursday. Attorneys Hugh Nj.
| Dorsey and John w. MoOpe. representing
| Rogers, had attempted to Introduce De-
! tectiVes Pat Campbell and John n.
| Starnes to corroborate Rogers story, the
latter having stated that they were with
| him when Yarter was photographed
Judge Hill had ruled out the testimony
| of the two detectives.
| At the adjournment of the trial Thurs
| day afternoon judge Hill dismissed the
jury with the admonition that they read
nothing in the newspapers concenrins
| the trial.
In Friday mornings Constitution ap-
| peared Detective Campbelrs affidavit
setting forth in detail the photographed
| conversation between Yarter and Mrs.
| Tyler.
| JUDGE QUESTIONS JURY.
| Immediately on reconvening the trial
| Friday morning, Judge Hill called attten-
| ton to the fact that the Constitution
had published the Campbell affidavit,
and he then called. up the Jurors one
at a time and asked them on oath if
| had not but two or three of them adj
mitted that they had read the head
| lines.
Judge Hill then proceeded with the
! trial. At 11:15 o'clock he declared a re-
| cess until 1850, stating that the trial
| would then run until o'clock, at which
| hour he expected the case to go to the
| jury Immediately on reconvening the
! trial, however, Judge Hill went back to
| the subject of the publication in the
| Constitution.
AZ understand that some of the jurors
admit they read the headlines in the
| Constitution" he said. 81 would like
| to poll the jury. He then called them
! up one at a time and asked them on
oath if they had read the headlines.
| Three of them swore they had Order
| ing the jury out of the court room,
Judge Hill turned to the attorneys for
the defense and said: 81 will now hear
arguments, gentlemen az to why 1
should not declare a mistrial."
Attorney Hugh NJ. Dorsey said: 1--WE
don't want to argue the point. your
hono1. but we object"
MISTREAL DECLARED.
Calling back the jury, Judge Hill said:
| Certain evidence excluded from you on
! Thursday was published in the Consti-
| tuition this morning, and for that reason
| / have decided to declare a mistrial In
| this case. | do so because three of YOU
admit that you read the headlines. l
am satisfied none of you intended to do
! any wrong, but evidence which was eX
! cluded from you should not have reach
! ed you, because we desire to have a fair
trial Solicitor Boykin was right in re-
! questing a mistrial If the Constitution
headline had said Rogers Admitted
| Boykin Robbery, States Campbell;' in
stead of 'Yarter Admitted Boykin Boy
| kin Robbery, States Campbell then Mr.
| Dorsey would probably have asked for
mistrial, and would have been eminent
| ly proper in doing so. This court viii
! now take a recess until the first Mon
day in March and the case will be tried
| at any time after that date when SO.
| llClIOF 6ONhlH dIlHOuIlCSS TGduy htlH-
while | shall investigate the circum.
| stances surrounding the publication IN
| the Constitution"
To the reporters, Judge Hill supple.
mented this last statement by saying
that he was going to find out if anyone
connected with the defense had anything
to do with the publication in the Con-
stitution, and If so he would cite them
to show cause why they should not be
adjudged in contempt of court.
Following Judge Hills declaration of
a mstrial, and after they had left the
courthouse and gone to their offices, At
! torneys Hugh NJ. Dorsey and John w.
! Moore were asked if they knew where
| the Constitution got the Campbell affi-
davit. Both OF them declined to discuss
the matter. Detectives Campbell and
! Starnes likewise declined to discuss H.
FRIDAYS TESTIMONY.
Fridays session of the trial, exclusive
| of the time taken up in Judge Hills
| discussion of the publication I'm the Con-
| stitution. vas occupied with the intro
duction of alibi testimony for the de-
Tense.
A series of witnesses put on the stand
by Attorneys Dorsey and Moore. repre-
senting Boots Rogers, testified in detail
as to Rogers movements on the morn
ing of the robbery. They traced him
from his home, at 100 Crew street to
his taxicab stand on Walton street, dur
ing the exact time when the robbery
was being committed.
At 1915 o'clock Judge Hill took
recess until 1850. announcing that the
trial would then run until o'clock
Friday afternoon, at which time he eX-
| pected the case to go to the jury.
When the trial re-conVened at l1:5O
Attorney Dorsey announced that the de.
Tense was through. Thereupon Solicitor
Boykin introduced w. Fl. Baldwin as his
first witness in rebuttal. Baldwin is
he man who was with Yarter when
Paymaster Boykin was held up, accord
ing to Boots Rogers account Of what
he heard Yarter tell Mrs. Viola Tyler
last Saturday night, when he and De-
teotives Starnes and Campbell used the
photograph Baldwin was just begin"
ming to testify when Judge Hill stopped
him and declared a mistrial.
Boots Rogers New Trial
Oo4 fo- Moy4 T bnro n %,