Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-04-03
|NNES FRAUD CASE
LIKELY To REACH
JURY BY TUESDAY

The fate of Victor E. Innnes, who
is on trial in United States district
court charged with using the mails
to defraud Mrs. Eloise Nelms Den
mis-, who, with her sister, Miss Beat
rice Nelms, mysteriously disappeared
nine years ago, will probably rest
with the jury by Tuesday. Indicted
on two counst, Innes, If convicted,
can be sentedced to serve ten years
in federal prison.
Innes went on trial last Monday,
the session that day being devoted to
selection of a jury Introduction of
testimony by the government start
ed Tuesday and continued until late
Friday, when the defense began
putting up witnesses. At the close
of Fridays session, when Judge
Samuel H. Sibley adjourned the
trial until Monday morning at 10
o'clock, the defendant was on the
stand recounting his story of his
relations with the Nelms sisters.
He resumed the stand Monday
morning, and since under the rule of
federal court he is a sworn witness,
he was subjected to a gruelling
cross.examination.
Governments Case
In building up its case the gov
eminent has sought to prove that
Times lured the Nelms sister to Tex
asa state where, as an attorney,
he was familiar with the popularity
of the law OF corpus deficit govern
ing murder cases--where he killed
the girls, ground their bodies in a
meat grinder and dissolved the
ground meat in caustic solution
in order to cover up the fraud he
had perpetrated against Mrs. Den
mis-.
Evidence to substantiate the
theory was permitted despite siren
uous objection of defense counsel
who argued that such evidence was
prejudicial to their client and that
he had been tried and acquitted in
Texas on the murder charge and,
therefore, should not be again placed
in jeopardy.
Counsel for defense, however,
failed to produce a certified record
Of the Texas acquittal, and Judge
Sibley ruled that as there was no
evidence to support the contention
testimony in support of the govern
ment's claim was admissible because
it tended to explain the absence of
Mrs. Dennis, the alleged defrauded
person.
The meat chopper, cauldron, and
a specimen of I've, gruesome imple-
ments alleged to have been used by
lines in making away with the
bodies of the sisters, were placed
in evidence.
Innes Denies Charges
Witnesses also testified that Mrs.
Dennis left Atlanta with Innes and
his wife, and that the sisters were
seen at lines San Antonio home
about the middle of June, 1914, at
which time it is alleged they dropped
from sight.
Innes, in his testimony Friday, de.
MED any knowledge of the disap.
pearance of the Nelms sisters, and ]
also denied receipt of any money
from Mrs. Dennis except for attor-
ney's fees.
He is being tried on an indictment
which in count number one speci-
fies that 1nnes mailed a letter to
Mrs. Dennis in which he urged her
to entrust with him money which
he promised to invest in such a way
in western real estate as to produce
returns of $4,000 for each $1,000
given him. Count number two of
the indictment alleges that Innes
wrote Mrs. Dennis acknowledging
receipt of $500 and telling her that
he needed 5000 more to protect in
vestments.
Defense counsel Friday requested
Judge Sibley to instruct the jury to
return verdict of mot guilty" to
the second count of the indictment,
basing the plea of the contention
that there was vital variance of
time between the charge and the |
proof. Judge Sibley, however, ruled |
that he would let the jury decide.