The Birmingham age-herald., 1918-05-24
'DENSON W|THDRAWS
 FROM TRIAL OF CASE
Attorney Declares Minds of Jurors Prejudiced by False Reports and
 Propaganda

William A. Denson, attorney for tba plaintiff in the case of Isiah Washing ton, administrator, vs the Birmineb.n, Southern Railroad company to recovar
 $lOo0o0 damages for the death of Em,n.
 washington, killed at Mulga crossing last
 year when the train struck jitney.
 Wltndrew from the case yesterday declar- ing that the jury had been preiudiced against him by propaganda which. ac-
 cording to his statement charges him
 with disloyalty and pro-Germanism. This.
 MT Denson emphatically denied.
 Judge s. D. Weakley was employed
 Dy the plaintiff and Judge c. w Fergu-
 son passed the case until 2 o'clock in order that he might familiarize himself with the case.
 When Attorney Denson stated in ex cusing witness that he did not wish 10 hinder Red Cross work a general laugh went up over the courtroom and
 m the next moment the lawyer was em- phatlcaily denouncng all of those who seemed amused by his speech.
 Mfr. Denson stated that malicious pren aganda was being spread through the jury about him and certain accusations which have been brought against him on a former occasion.
 The motion which was filed by Attor ney Denson reads as follows:
 Now comese the plaintiff and moves the court to continue this cause and for ground of said motion assigns the fol- lowing:
 "First-There has been created amongst the members of the yenire from which is to be selected the jury to trv this case a strong and violent prejudice against the attorney for the plaintiff by the circulation of vile false and sland- erous report that plaintiffs attorney is a n igf a nd (Nnyr TlIz ayers that this report has been -malic- l iously made and maliciously circulated continuously amongst the members of said venire ever since the organization | of the juries on last Monday morning.
 May 20, 1918, fourth day from the filing
 of this motion, for the express purpose
 of depriving the plaintiff of a fair trial of this cause. Plaintiff ayers the effect
 upon said venire of this vile, false and slanderous propa ganda against the plain 1 tifs attorney was made manifest on Wednesday evening when the 30 chairs three members of the public witness in i and jurors of said venire, being each l filled with 27 jurors of said venire and
 three members of the public, a witness in attendance upon the trial of this cause stated in open court, addressing himself
 to the court, that he had an engagement with the Red Cross, having loaned them | his automobile to assist in the canvass l for Red Cross funds then being made l in the city of Birmingham and it was necessary for him to drive the car, plain tiff's attorney being asked by the court 1 if he had any objection to said witness being excused for cause, stated to the court that he did not desire to inter- fere in any manner with the operations l of the Red Cross, this statement of plaintiff s attorney was greeted with a long and boisterous burst of laughter I generally indulged in by the entire body of said 27 members of said venire Plain tiff ayers the effect upon said venire | of said vile, false, slanderous and ma tlicious propaganda against his attorney i has been such as to render impossible | the obtaining of a fair trial by jury
 selected from said venire. Plaintiff ayers that he has only one attorney repre- senting him in this cause and that is the tattorney against whom said vile, false and slanderous propa ganda has been ma lliciously made for the express purpose
 of depriving plaintiff of a fair trial of this cause"