Evening star., 1923-08-03
AARGES GARRETT
Jury WAS PACKED
ate Argues Motion to De-
are MistriaI Following Sen
sationaI Disclosures.

Irrett, for the alleged Staying oil
Iv. Z. s. Pierce, was resumed in the
|mberland county court. The battle
htered around the motion of the
lite to declare a mistrial, because 1t
d been learned three of the jurors
d made statements just before the
| al that should have disqualified
I'm.
Lit the conclusion of the argument
bse Il. d. White declared the court
build entertain the motion, and would
ar testimony for a miStrlal. ana
fected that the state call its Wit
Sses
II believe that a fair and impartial
|al should be granted" said Judge
1ite. land if a fair and lmpartlai
|al cannot be had with this jury L
tieve the court should know II.
Jury Declared "Packed."
|rhe three jurors against whom the
lite protested were w. +. wright
| /. Irving and J. p. Tatum. Ihe en-
|e iurv had been excluded during
arguments and court recessed
lille they were sent for.
attorney Richard II. Mann for the
lite in his argument openly charged
kt the jurX was packed and stat
the prisoner has rights. but the
Inmonwealth has rights likewise.
| e expressions of. the jurors, as
'bwn by the affidavitS, showed the
Inost fixity of opinion. he charged.
kffidavits introduced by the state
support of it's motion alleged thit
right, a few days before the trial,
pressed an opinion favorable to the
Irretts-'that he did not believe in
Bital punishment and that 1t would
- - t~l. N
rrett to death and that the Garrett
bthers had done no more than you
me or any other man would have
he"
another affidavit quoted +. !. Irving
saying that if money could clear
CARROTS, / would give thou
nd dollar bond on my place to clear
em." Still another alleged that
Itum had visited r. o. Garrett,
bile he was in a Richmond hoSpltal
d that he had discussed the case
| tn Garrett. should Judge B. d.
.hite. who is presiding at the trial
stain the motion the trial would
Ne to be gone all all over again.
Jurors Face Inrprisonment..
|Jurors, if they are convicted of the
|hrges made by the affidavits and
I've illegally perjured themselves to
d on the jury, face Imprisonment or
|avy fines. The maximum sentence
/ five years.
Should Judge White declare a mis-
. al the prosecution will imme-
Rtely resume its fight for change
venue. With tits in view it has
.epared a statement of further al
|sed Irregularities in the drawing
| jurors during the past few years.
denying the prosecution motion
r a change Of venue before the
+ al opened, Judge White stated
at a change of venue at the states
quest would be legal. but that suf-
lent reason for it had not been
rectify this deficiency if it gets
other opportunity.
CARROTS on stand.
| ly enc of the many sensations at
|e trial yesterday. other features
| ing the appearance on the stand
the Garrett brothers. who told for
.e first time their versions of the
openings at the Pierce home on
1t admitted shooting the minister
t said he did not fire until after
had been shot in the back and
bunded by Pierce and then. he said,
shot only to save the life of him
Pr and brother.
|Larkin admitted firing two shots
the minister, but. like his brother,
lid Pierce fired the first shot and
Fuck the first blow in the fight at
|e start. He denied firing shots
ter the minister had fallen TO, the
|ound.
Larkin Tells of Shoe ting.
FeStifying in his own behalf yester-
|y afternoon, Larkin Garrett gave
= age as forty-two and his weight
153 pounds. He was asked if he
I'D heard the statement of A. NJ.
handler and if it was correct. He
id: 1T is absolutely correct"
TO questions from Mr.. Wendenburg.
said his brother had received
|reatening letters. and they had
(ught pistols for self-protection.
Dn the morning of the tragedy his
stol was loaded in all chambers. so
|r as he knew. he said. in response
questions by his counsel. He would
lt have gone ~ the Pierce home if
had though. :.ry trouble would re-
IT.. he stated. Describing the ar
Eal at the Pee home, he, said: I'VE
klked up on the front porch. and
RS. Pierce came TO, the. door and said
r. Pierce was not up, and went up
airs. I believe my brother said we'd
hit," he'sAid.
Demand Explanation.
He said they asked Mr.. Pierce re-
[rding the statements in the affidavit
Chandler. II asked him: Mr..
wife" He did not say anything.
bd 1 said: Mr.. Pierce. no gentleman
puld make such a statement and
arose and struck me in the face. |
Il him back and we fought. l be-
Fve Mrs. Pierce came out and start
hitting me"
After the fight. he said. he went
ward the gate and did not see Mr..
|erce until he saw him with the shot
pn.
|'Bob was behind me, getting ready
go through the gate. He covered
r. Pierce with his pistol and said I:
am not going to shoot you and l am
pit going to let you hurt any one 3"
Says Pierce Shot First.
After the gun was taken from the
mister, Larkin said, Il saw Mr..
Ferce shoot my brother-shoot him
the back"
Did you fire at Mr.. Pierce them"
Fked Mr.. Wendenburg of defense
Yes, I shot Mr.. Pierce as quick as
could as soon as 1 saw he had shot
Pbert. 1 thought it certain he would
Re the next shot at me. / saw my
Larkin said he had not heard any
I'D language used by Robert.
II had all / could do, and I don't
how what Robert said" he declared
To prosecution examination
said he did not expect any trouble
hen he and his brother went to see
r. Pierce.
Robert on Stand.
Earlier in the afternoon, after the
ate had completed its testimony and
sted, r. o. Garrett, who is charged
intly with his brother with the MUIR
r. of Rev. Pierce, had taken the
and for the defense and given the
st version of the tragedy from the
arrett side. 1t was just as Larkin
as called to the stand that the state
rang it's surprise, asking a mis-
ial-the sensation of the day.
Robert, in his statement before the
ry, took full responsibility for
ooting the Baptist minister. but de-
ared he did not fire shot until
erce had first shot and wounded