Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1918-01-15
CHAPMAN'S CASE
BEFORE SUPERIOR
COURT ALL TODAY
ATTORNEYS FOR CONVICTED MAN
PRESENT STARTLING ASSERT
IONS IN PLEA FOR RE-HEARING
NOTED CASE.

The hearing of arguments and read
ing of the petition in motion for
new trial for DR.. Charles K. Chap
man, begun yesterday consumed all
today in Superior court. The motion
is one of the longest ever presented
III court here, and attorneys for both
sides contested every point of law
contained therein.
On the grounds upon which the de-
fendant impleads the court to grant
new trial is that w. w. Hines, l.. A.
Thomas and L. A. McRae, three of the
Jurors who sat in the trial of DR..
Chapman when he was convicted, had
previously formed and expressed opin-
ions prejudicial to the defendant This
9S contention they supported with attl-
davits, as they did also the contention
that T. T. Pace and N. H. Bass, two
Jurors who went off 'for cause" J"
should have been disqualified by the
court The contention of the defense
in regard to these two jurors is that
being related to H. A Harp, one OF
the defendants named in the indict-
ment with DR.. Chapman, but not placed
en- trial they should have been excused
by the court.
E. l.. Gammage, juror who dis
qualified at the second trial, but quail
fed at the third hearing of the case
when DR.. Chapman was convicted is
another venireman attacked by the
defense in the motion for new trial.
Gamage was struck by the attorneys
for defense, and the contention is
set up that the court erred in not ex
cusing Gammage, thus necessitating
the use of a strike by the defendant
and in effect depriving him of one of
these preemptory challenges Mr. Gam
mage during his examination, the mo-
ton says, expressed the opinion that
juror had a right to change his
opinion.
Probably the most startling claim
set forth in the motion is the state
ment that Juror Thomas stated in
the presence of Mrs. T. r. Cole and
Miss Sarah Goodwin that he had heard
a part of the evidence at the first trial
and that he believed DR.. Chapman
was guilty of the murder and that the
whole bunch they had in Jail knew
something about it. An affidavit signed
by w. W. Remington and attached
to the motion, asserts that prior to
the trial Juror Thomas told him in
a conversation near Hooks Pharmacy
in Americus that from what l have
seen and heard, every God damned
one of them is guilty as hell"
Juror Hines, the motion asserts,
told Bruce Boutwell, and G. A. Deavors
that he believed DR.. Chapman to be
guilty Of the murder of Walter Wade
The conversation referred to is alleged
to have taken place prior to the trial
of DR.. Chapman when Hines sat as
one of the jurors, and at which he was
convicted Numerous other allega-
tions of legal and technical nature are
contained in the motion, and affidavits
pro and con have been presented by
attorneys for DR.. Chapman and the
state. The hearing is before Judge
z. A Littlejohn.
The motion brings The TimesRe-
corder int the limelight by quoting
a certain question which was address,
ed numerous prospective jurors. At
tornews for Chapman aver in failing
to allow this question to be asnwer-
ed the court erred, and therefore their
client should be granted new trial.
The question was as follows: Have
YOU read in The Times-Recorder or
other newspapers, or heard in your
presence, any account or accounts as
to the facts in this case, and from
such accounts have you formed an
opinion that is antagonistic to the de-
fendant in this case?" Jurors to
whom this question was addressed,
and who, the motion says, were not
allowed by the court to answer, were
D. G. Forrest, J. L. Hall and H. R.
McGee.
Details of the answer to the petit
ton presented by the ATTORNEYS for
the state were not obtained this af-
ernoon. the resumption of arguments
necessitating the undivided attention