Evening journal., 1919-03-11
HEART ATTACK
HALTS HIS TRIAL
John H. Bailey Accused Of
Embezzlement, is Stricken
on Stand
AUDITORS WEEP
OUT OF SYMPATHY

Trial Of John II. Bailey. charged with
embezzlemenl. came 60 a sudden and
touching end IN Court OF General Ses-
sions. this morning. when Bailey sui
fered a violent heart attack, while
teslifying i'm his own defense. Through
ont The trial he was unable 10 control
his emotion and wept intermittcnlly
On application of Altorney-Generai
Reinhardt. Judee Boyce continued the
case until the next term of court. On
the ground that Bailey, by his sudden
illness, had "unduly aroused the sym
pathy or the Jury" The defendant was
held under nominal bail of siOO.
Bailey had been on the stand but a
short time when Dee was seized with
he heart attack Aromatic spirits N
ammonia were procured and Mrs
Bailey administered 90 her husband and
shortly revived him. The scene that
I followed was pathetic and stirred the
entire courtroom almost 90 point Ot
/ tears.
Following the continuing Of the ease,
court adjourned until tomorrow morn-
I ing
n was alleged by the state, that
Bailey. on AuuiSt iO. visited the farm
Of samuel j. Rowland. there miles be-
/ low Townsend. and obtained twenty
nine baskets of potatoes from him.
which De- was t0 sell for 50 basket
and return either the POTATOES or The
money 90 Rowland. and that instead of
returned either. Bailey used the money
derived from The sale io repair his aii-
I tonobile truck. which had been dam
aged
Rowland first testified for The state
Iand related the transaction as con
/ tended by the state. on cross-eXamin-
alton. J.. Irving Handy who appeared
I FOR Bailey attempted 20 show that Now
[ land had sold the potatoes 10 Bailey ana
that Railey was 90 have until spring
GO pay the debt
Mrs. Rowland corroboraied tho tesu-
wony OF her husband.
Mr.. Handy stated the defense would
show that tho potatoes were bought
and paid for ON August 80. but that on
august II. Bailey bought potatoes from
I N0wland. contracting an ordinary com
Z mon debt and that he was 10 nave uhlii
certain notes were due 20 pay Now
/ land
MAY Bailey. the ii-yeor-old daughter,
/ FIRST took the stand FOR the defense, ana
related the details OF the transaction
between her father and Rowland
/ The defendant then took the stand ana
began relating his testimony. when hc
was seized with "a heart attack ana as
sisted 60 "a chair. He broke down com
pletely. During the testimony or his
daughter. Bailey also broke down IN the
prisoners dock and began crying Wner
his daughter testified as TO the trans
action. Ills wife had aromatic spirits o.
Z ammonia obtained and given TO Bailey
who then seemed greatly relieved
Balley's break down brought tears Z
the ewes Of many IN the court room
AZ this point in the trial, Attorney
/ General Reinhardt asked for the with
drawal OF the jury and the continuance
OF the trial until the next term Of lurt
Mr.. Handy objected. Then Mr. RON
hardt asked for continuance on TIE
grounds that the defendant had been
fokon ill and had unduly aroused SYM
pathy of the Jury This motion being
granted. the foreman Of the jury was
asked 10 retire from the box and sll the
/ ilrors were then discharged. The case
will be called at the next term OF court