The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-11-08
Davis Springs Surprise.

The startling feature Of the hearing Of
the tnOtlnO Tor 2 , AN Irtr t"r Nr. W.
mara was opened by Ralph Davis, his
attorney, stating that he held an affi-
dayit from Mrs, Mary Mcnamara. nee
thompson. He also had an affidavit
from the accused, he said,
Davis, before making the announce
ment Of the a%ffidavits, recited several
things as basis for a new trial, in
which he charged the court erred dur
ing the trial Of the case. The COM
muntty was biased, he charged; McNa-
mara was not given a reasonable time
TO prepare his defense; the court erred
In refusing to quash the indictment ON
the ground Of duplicity (thRt there
were two crimes charged In one count
Of the indictment), that the jury was
not from the body Of the county; that
certain jurors had fixed opinions, that
Jurors were seated IN the jury box
after the defendants challenges for
cause, being oVerruled, caused him to
exhaust all OF his peremptory Chal-
ienges; that the entire panel was BIZ
ased; that the refusal TO bring in the
l~S-year-old girl, alleged victim OF Full
Ter Longley, as a courts witness was
preJudtctal TO McNamara's case, that
the court erred In refusing a number
OF special charges TO the jury: that the
girl a not contracted the loathsome
disease with which Mcnamara was af-
flicted. and other reasons.
Then Davis announced that he had
the affidavit Of the girl II started; Il,
Mary Mcnamara, nee THOMPSON" and
the opening paragraph or Introductory,
stated that she felt that a wrong had
been committed and that she wanted 10
clear her conscience, IL related her
marriage TO Gus Mcnamara, and the
events that led up to the prosecution OF
Allen, She recited that w. II. McLain,
assistant q1ltR'Q nttOTnAN Ind told hap
before she went to the grand jury that
such a boy as Allen Mcnamara ought
not to be living aud that they were
going TO do their best to send him to
the electric chair" She said she vas
coached by X. q. Brown, associated
how she should give her testimony on
the witness stand.
She seemed to base her reliance on
the portion of the affidavit In which
she said She had not been sworn before
going on the witness stand, She con-
tended that her testimony In the case
had not been uttered under oath, and
Mr.. Davis also stated that she had not
been sworn, But when she went to
take her seat as n witness saturday,
and Mr.. Davis called to Mike NJ. Cohen,
deputy criminal court clerk, Judge
the reliance by stating, u swore her
at the time Of the trial, Mr., Davis, and
| guess | can swear her again"
The girl related In the affidavit that
she told Mr., Mcl4ain that ahe didn't
know she had been criminulS assaulted
She denied that Allen Mcnamara had
done anything to her that could have
caused scratches which examining doc
tors said were revealed by their cXami-
| nation, following which they expressed
the opinion that she had been assaulted,
But she admitted that che had been
guilty on one occasion OF an indiaoretion
with Allen Mcnamara that at least
could be construed as giving him great
err liberty than the corrections allow.
She said that she talked with her
foster father, and told him on the way
10 the courthouse that II know well
that he (meanlng Allen) didn't touch
me in that way" and she charged that
| said It again" Then she charged
that her foster mother said. following
the assault, that she didn't care how
often Mary went out like that, II she
brought home the money.
She related that Allen was blind
drunk on the bridge, She said he
admitted in the affidavit that he tried
to force her to commit an act OF de-
generacy. She said she had prayed
since ALIENS conviction that something
might happen. so that she could tell
the truth about the case, She would
have told It at first, she said, but she
was scared TO make the statement be-
fore the trial for fear that her foster
parents would eject her from their
home, and that nobody would take her
In because OF the notoriety attendant
upon publication OF the story OF the al
legged assault as II had been printed in
the newspapers,