The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-09-16
GIRLS ASSAILANTS
PLEAD FOR TRIAL
OUTSIDE MEMPHIS
Paddy Mack" ReindiCted
While His Attorney Argues.
Criminal Assault Charge
Under Name Of Patton.

Walter Patton. alias PADDY Mack"
and John Rogers, alias SLEEPY john
appeared In Second criminal court
tuesday ~ the opening OF their trial
to hear Hugh Magevney, their attor-
ney, plead for a change Of venue
that the high state Of public feeling
against hts clients In Shelby county
aceeptuated by the later assault made
by Allen Mcnamara and others on
young girls In the county. had so in-
Tanned the public mind that the de-
PENDANTS could under no circumstances
get fair and impartial trial In shelby
county.
While Patton sat In the courtroom
the state was busy with the grand
jury This resulted In second lndicty
ment against Patton on a charge or
criminal assault on Marion Cooper,
The former indictment named Pat
Mack, The new one names Walter
Patton.
Patton and Rogers are charged with
attempting to assault Hazel Bray, Is.
on Aug. ., and with throwing her from
rapidly running automobile, almost
killing her, Patton, under the name of
Fat Mack, Is also hcarged with crifni-
nal assault on Marion Cooper In Riv-
etside park some time ago.
The court adjourned at the compile
tlon of Mr., Magevneys argument un-
I'll . pm, when Samuel o. Bates,
states attorney, will answer.
Mr. MageVney said that ever. since
his clients were arrested for the al
legged assault ON the Bray girl sus-
tained campaign against them had
been made by the newspapers OF Mem.
phis, rs wen as by the Chamber Of
| Commerce and the womens organixa-
lions, and that the assault alleged 70
have been perpetrated by Allen Nc
"A ~ an
girls later intensified the feeling
against all of the defendants In beth
cases
An affidavit from w, v. Burns, u
| the Burns night patrol, was read by
MSs'SDSs SDS5 +" no g. l Shg X ~ ssssy
county Burns, In his affidavit, said
that he had talked to probably 200 per-
sons and not one but said that all OF
the mon should be punished BY death.
Later he was called to the stand by
MRgevney to testify as to his affidavit
Burns was asked II he thought the
court, the jury and tho mob spirit would
| not prevent the defendants getting q
fair and impartial trial Burns said that
| he did not think a fair trial possible.
lie declared that the lawlessness Of
ehauffeurs, thugs and bootleggers in
Memphis for the past four or five years
| had created q natural preJudioe against
| these law vlolators, due to the fact that
the public had been s6long outraged.
Judge Harsh then asked the witness
II he were on the jury, and the state
failed 10 make out proof OF the guilt
OF tho men beyond reasonable doubt,
II he would free them.
| II would" Burns answered,
Then don't you think l2 others could
do the same thlng?" queried the Judge.
II don't know; they may be preju-
diced; ! am not" was the reply,
Mr.. Magevney then read number
OF clippings from the newspapers, In
Guiding news articles, editorials and
contributions, which he declared 81
his clients that II would be impossible
for them to get a fair trial In this
Referring to the charge Of assault
Iagainst Walter Patton on Marion Coop
or, he said the indictment was insuf.
to as PADDY Mack" and not Walter
Patton, his real name. This was before
the second indictment.
In closing MIR, Magevney produced
a hook containing all the articles ap'
pearing In the Memphis newspapers In
both the assault cases.
Walter Patton will be tried first for
the assault on Marion Cooper In River
side park. He and John Rogers viii
then be tried jointly for the attack on
} Hazel Bray.
Ralph Davis, attorney for Eugene
: Martineni, the third man indicted II
the Bray case, urged upon the court
cided that he would not be tried until
: the Patton Rogers cases were disposed
. only small crowd gathered TO hear
, the preliminary arguments to the mair
trial.