The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-06-26

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Of criminal assault on Mary Thompson,
aged II. last october, after trial
which lasted II days. and which at
tracted widespread attention. Every
point in the case was contested bit
ierly by the defense, and many dramatic
moments marked the trial.
Davis Appeals.
McNamarn's attorney, Ralph Davis,
filed motion for new trial. when the
jury returned a verdict OF guilty. A
sensation was sprung when the new
trial motion was argued. The girl vic
tim, between the time OF the guilty
verdict and the time Of the new trial
motion hearing, married Allen McNa-
maPa's brother Augustus.
An affidavit, made by the girl, was
read to the court by Ralph Davis. The
girl also took the stand for cross -sx-
animation, The affidavit and her tes,
not told the truth during the trial OF
the case. Allen Mcnamara did not as.
sault her, she said This point. and
one other, made up the main reliance
OF the defense when the case was ap-
nsaled. For Judge J, Ed Richards. OF
new trial TO Mcnamara. despite the
new evidence. He sentenced McNa-
mara to death in the electric chair, The
case was then appealed.
The other main reliance OF the de-
fense was the seating OF Jurors in the
case, After the IS peremptory chal-
lenges for the defense had been ex-
hausted without the IL jurors being OBJ
tanned, Davis continued TO challenge
His brief to the supreme court, con-
tends that jurors who were prejudiced
against his client were seated,
Public opinion ran at white heat at
the time Mcnamara was arrested. Many
veniremen, out Of about 5000 sum
moned on special Venirs, stated thut
they had formed or expressed oninions
IN the case. Thus they disqualified for
service.
Arrest Spectacular.
The arrest Of McNamara was spec
| tncular II developed during the trial
that battle with Sheriff q II Perry
was staged, before the sheriff succeed
ed IN subduing Mcnamara at the scene
OF the assault,
Mcnamara John Frey and Fuller
Tongiey were indicted for criminal as
sault on three girls, one Is, one II and
the other 10.
A man and woman, who were near
the Wolf river bridge and Raleigh road,
where the assaults are alleged TO have
taken place on the night Of Aug. 30,
1919. called Sheriff Perry when they
heard screams OF women. The sheriff
fastened TO the scene In time to see
man and woman struggling near the
bridge. The woman screamed for
help. The sheriff leaped from his ma
chine. and grappled with the man. In
the man and another man, who was
alleged TO have come TO his aid, almost
succeeded In getting Perry's pistol. But
the sherff's superior strength told. The
man who had teiephoned to him came
TO his rescue, and they made prisoner
Allan hrNanara and IOhu Frey and
loaded them into Ford TO take them
to Jail.
Frey escaped as they were turning
around to come to the city, Mcnamara.
cursng, was bound hand and foot with
rope, and was Jailed on a charge OF
attempted criminal assault. This was
changed next day.
Deputies captured Frey next morning
at his home on Alabama street. Long
ley escaped, and never has been Rppre-
hended, Mcnamara and Frey were in,
dicted on criminal assault charges, and
the state elected to go to trial with Nc
An attempt 10 try Frey after the Nc
Namara case closed, met with failure.
The startling statement OF the girl, on
new trial motion had n dampening et-
feet on the fires Of public opinion, and
u jury could not be gotten together 20
try Frey
The Mcnamara case was argued be-
fore the supreme court on June II by
Ralph Davis.
Mcnamara, since his conviction has
been held prisoner In the death cells Of
the state penitentiary. He has been
there since October His mother has
been frequent visitor to the peni-
tentiary, TO see her son. She was at
his side during the trial, As the days
passed, the strain began 10 tell on her
She collapsed as her mother heart en-
viSloned the death chair within the
grim walls OF the penitontiary, at the
time her boy was convicted. Since that
time she has worked increasingly In
his behalf.
McNamaras wife and two year-old
daughter also we're at his side during
the trial OF the case.