New Britain herald., 1926-12-01
! Prosecutor Submits A. fidavits to Support His Argument That Jury is Prejudiced and Not Impartial.
Statements Declare Some Jurymen Slept, Others Talked With Outsiders and States Lawyer sand Star Witness Were Yer bally Assailed.

Courthouse, somerville, N. J., Dec. l P'-AleXander Simpson, special prosecutor in the Halls-Mills mur- der case, today moved for mistrial, alleging that members of the jury had committed improprieties which made it impossible for him to ob- tain fair trial.
 The motion was made at the com pletion of the states case against Mrs. Frances Stevens Hall and her brothers, Willie and Henry Stevens. They have been on trial for four weeks on charges of killing Mrs. Eleanor R. Mills, soprano in the church of which Mrs. Halls hus- band, the Rev. Edward Wheeler Hall, was rector.
 Jury Is Excluded.
 Immediately after court convened, Simpson said that he had motion to make and asked that the jury be taken from the courtroom. Robert H. McCarter of defense, said that since the motion which the prosecu- tor was to make would refer to the jury, it should be present.
 Judge Charles W. Parker, presid- ing at the trial, directed that the jury be taken from the room, while counsel argued the action.
 Grouped Allegations.
 Simpson grouped his allegations under three heads:
 That members of the jury had been asleep; that they had been im- properly guarded. one member hay- ing been observed in consultation with members of the defense; and the manifest hostility of some mem bers of the jury to him and to the states case.
 It was in a charged atmosphere that he began his discussion of the affidavits.
 Who is this person who makes the first affidavit" asked Robert McCarter, of defense counsel.
 T object to your extreme rude ness. in this matter" replied Simp- son. "You'll know all about it in due time"
 Saw Juryman Asleep.
 With that Justice Parker rapped for order and Simpson went on to state that the first affidavit was made by Ralph Grimm, who stated that he had been in the courtroom every day and that he had seen Juror No. 2. John w. Young. farm CT of Middlebush, holding and ap- parently asleep.
 The next affidavits were by Frank Barnhardt and his wife, Elsie. Mrs. Barnhardt is sister Of Mrs. Mills.
 Another Sees Talking.
 They alleged that another juror had been seen talking with McCar- ter and MT. Studer of defense coun- sel. This incident was believed to refer to a day earlier in the trial when a brother of Juror Tillman had died and he went to McCarter jugde.
 McCarter in explanation at that time said that he expressed his sym pathy and got away from the juror at once. eKlxl
 Another Curses Simpson.
 The next affidavit was concerned with letter which Simpson said he had received in which one of the jurors was quoted as cursing him and calling hm an unspeakable name and liar.
 One of the affidavits was by Char lotte Mills, daughter of Mrs Mills, who said she had seen Juror No. 5 talking with McCarter. This was the Incident which was also set forth in the Barnhardt affidavit.
 Tell of Dozing Jurors.
 A newspaperman, in another affi- davit, said he had seen one of the jurors dozing during the testimony of Mrs. Jane Gigson. states star wit ness. Still another affidavit by a newspaperman said Jurors No. and 5 were seen holding at another time. Juror No. was named in another affidavit as having been seen asleep. Juror No. 2. 1t was stated in anoth- CT affidavit, was observed as nod ding and apparently paying no at tention to the testimony"
 This One Was Impatient.
 One newspaperman's affidavit stat cd that during the testimony of Will lie Stevens, Juror No. 2, was heard to make remark showing impa- tience while Simpson was cross-ex- amining the witness about the time he said he left his home the morn ing after the staying.
 Two affidavits set forth that the jurors had been heard discussing the case In the restaurant where they have dined since the trial began.
 Talked With Citizen
 A resident of Somerville stated In an affidavit that he had seen Till man, juror No. 5, stop as he was walking along the street and talk with another citizen Of Somerville.
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