Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1925-12-05

Continued from page ~
an opportunity to consider whether
| will ask for mistria1"
Il don't think there is any neces-
sity for a mistrial," said Justice Nor
schauser, mildly.
"WiN your Honor give me an op'
portunity to consider if l VILE ask
for it," said Mr.. Davis.
DENIES MOTION FOR MISTRIAL.
His request was granted, and after
a few minutes recess Mr.. Davis
made a motion for a mistrial on
the ground of prejudicial comment
by opposing counsel. His motion
was denied by Justice Morschauser,
who however, requested the jury 10
disregard the comments they had
heard. Mr. Davis said he had intend
ed ito confine his cross-examination
of Rhinelander to half an hour or
more. but that circumstances mad
made thai impossible. He then
indicated that he would read the let
ters. and Jusice Morschauser said:
al want to give every woman
chance to leave this courtroom. II
I were a woman l would not want
to stay in the room and hear these
letters"
The Court reminded those present
that under the law he had the right
to clear the room, but did not want
to be forced to do so. He did, how
ever instruct che court officers to
mi out all the young persons pres
ent Several women left, but others
who had been standing took their
places
When Mr.. Davis resumed his ex-
animation of Rhinelander, he was
evidently struggling for self-control.
The collision with Judge Mills had
aroused him to a point where his
voice shook, and as he asked ques-
tions regarding the conferences
Rhinelander had had with Judge
Mills, in which the young man said
he had talked with his counsel only
i've minutes since the Thursday re-
cess, he leaned toward Rhinelander
and confronted his stolid, direct
elancaNw'-h one of pitt ess intensity.
Then he suddenly picked up one
of the 'etters, the milder of the two.
Justice Morschauser asked to see q
COPY of it and after reading it he
ordered an women from the room
They trooped out.
RHINELANDER UNDISTURBED.
During the reading of this letter
Rhinelander kept his eyes half
closed and did not look up once. HIS
demeanor during the entire day was
remarkable, for he gave the impress
ion of being driven indomitably by
something outside Of himself, am
swering questions mechanically, nev
err lifting his expressionless voice
and showing no emotion over things
which would, have proved intolerable
to most men in his position. When
he smoke in answer to Mr.. Daviss
questions he appeared like a ventrll'
oquist's puppet, his lips would vi.
brate moment, his eyes would
witch. and then fat toneless words
wCu'd come
''You loved her them" demanded
Mr. Davis, meaning when he wrote
that letter which had just been
read. II
Yes" he said, drinking glass
of water. N%'Vl
"When you sat down and wrote
that letter you loved her?'
eyes"
Judge Mills objected to Mr., Davis
shouting, and Mr.. Davis turned
sharply on him, and said, raising his
arms and shaking them:
Il might have objected to Judge
Mills going br-rrr' this morning"
Justice Morschauser Gained the
two lawyers by asking Rhinelander
if he was upset by the tone of Mr..
Davis's voice, and when Rhine 'ander
said he was not, Justice Morschau-
ser smi,ingly said he thought that
answered Judge Mi ps's objection.
Rhire,ander finally explained that
the letters were "a safety valve to
nv emotions"
"You recognize that letter as
smut?" demanded Davis.
EYES," said Rhinelander.
Then Mr.. Davis read the second
let er. which was much worse than
the other IS
DAVIS SPRINGS ANOTHER