New Britain herald., 1925-10-08
CHAPMAN CASE IS
 ARGUED TODAY
(continued from First roge>

gate the witnesses for the state and in denying such motion made by the defendant.
 While one Catharine Boorn was testifying for the slate. the defcn- dant moved to exclude witnesses in the case, so that tho witnesses might not know what each testified. \ x subsequently tho same motion was made again by the defendant. X X Although the accused is not entitled as of right to sequeStration Of Wit nesses, 1t will generally be granted 1T applied in good faith. \ \ These motions were made in behalf ot the accused in good faith and the eX- clusion was asked for entirely for the benefit of justice so that there could be no combining of witnesses or sug- gcstions to them as 10 how they should testify. Xx The defendant claims that it was an abuse of dis- erection on the part of the court in failing and refusing to scgrcgate the states witnesses when they were lestifying in the court room.
 Point 2
 During questioning of James J. Teeney, A witness in behalf Of tho state and during the stage of the questioning xX three officers arose in the presence of tho jury. ObJec- ton was noted, such procedure was manifestly unfair, xx 1t was done for the purpose of atmosphere and these men evidently were in the con- trol of the states attorney sit does appear that they sat down when re- nuested by Mir. Acorn. This act did interfere with giving the accused a tair trial, xXx X It has been held where prejudice of spectators was evident in the trial of case, the trial should not be permitted 10 pro ceed and that 1t was not necessary That prejudice actually appear but il was sufficient that if did appear that there was doubt as to whether prejudice existed. xxx
 Anything in the case that Is i'm proper and that tends to excite pas sion, awaken sympathy or influence the judgment of the jury must DC considered harmful. xxx In permit ting the case to go on after the ac' of having these three officers risc XXX was manifest injustice"
 Point III
 That tho states attorney failed 1T his promise to connect certain eVl dence in behalf of the state.
 Quotations are made from tho evidence as to books seen in Chap mans room, relating to paper max ing. inks, reproductive processes and the testimony of Shcan. "W' also had a talk about counterfeit ing" xxx "all this testimony came before the jury X and surel! prejudiced the minds of the juror' WINK it was in no way connected with the accusation of murder. Tn court instructed the jury to disre gard the irrelevant and prejudicia testimony XX. Testimony ha
 
 already come in which spoke 0 counterfcitimg and it became i'm possible for the accused to have fair trial.
 "The court allowed into evidcnc the taking of an automobile, carry ing of firearms, the fact firearm were found. shooting of guns, to wit testimony of Hance. state witness nitrogIyccrinc. fuse caps, exhibit found in ShCans stOrehouse T Springfield, In hotel room II Snringfed and in Hance's hom roar MunCic. Indiana, X X thes exhibits must have conveyed to tn jury the fact that the accused stoo before them as counterfeitcr, burglar and a murderer before q the evidence came in for their con sideration."
 point "
 That the verdict was against th evidence. The defendant doe claim xxx that the jury Wa swayed by passion by partialil and prejudice and If these existed