Evening star., 1926-12-01

the witness about the time he said
he left his home the morning 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.
A resident of Somerville stated in
an affidavit that he had seen Tillman.
juror No. S, stop as he was walking
along the street and talk with another
citizen of Somerville. 1t was stated
in the affidavit that during the con-
versation the bailiff accompanying
Tillman stood 10 feet away.
Detectives were sent out to bring
in witnesses The defendants showed
little apparent concern over the pro-
ceedings. Simpson stood with his back
to defense counsel gazing across the
courthouse lawn while awaiting the
trial. Then he asked to be excused
and left the room. Defense attorneys
conferred while McCarter began turn.
ing over law books.
Motion Believed Unique.
The motion by the State for a mis-
trial In a homicide case was believed
almost without precedent In this
State
Simpson suggested that the defense
might wish to be heard before the
jury was recalled, but Justice Parker
said: IF the court thinks anything
should be done about this matter the
defense will be given an opportunity
TO be heard
Complains to Governor.
Charges that the jury is loaded"
and that some Jurors are stupid"
also were made in letter from Simp-
son to Gov. Moore. Simpson asked the
governor, who appointed him, to take
note Of the situation.
In his letter to Gov. Moore, Simpson
called conditions in Somerville so
bad as to be disgusting"
Il am, of course, not working for
conviction at all hazards in the trial
xf Frances Hall, Henry Stevens and
William Stevens" says the letter,
'.but every one in Somerville knows
that the jury is loaded. Some of them
sleep during tie evidence; they re-
ceive telephone messages without any
guard; also receive visitors who talk
to them without any guard or sheriff's
officerE
'The thing is so absolutely open
that ore of the guards left them the
other day and went into drug store,
while the jury wandered along the
street une1, arded. l have reports that
the ,,,rors are so stupid-that Is, one
or two of them-that they have open
Iv boa sted they didn't care what the
evidence was. but they would nnd
against the state.
1T seems to- me that the cnle1 eN
ecrtive Of the State, having sworn
to see that the laws are raithIuiiy eA.
ecuted, should take some notice OF
this condition"
Police Capia in Called.
Harry Walsh, captA in of the Jersey
Citv nolfce. was thu first witness
called by the State tot>ay In Its con
cluding rebuttal testiM ony. Walsh
testified that he heard telix dl Mar
tint, private detective foCA" years ago
greet Mrs Mary DemaresN In an ele
vator in Brooklyn a few ne Aontns ago
Mrs. Demarest, as a Sattes VIII
ness, testified that Di Marti ul onereo
her So, 800, ''and a little more, slle
would forget about havinsS seen
Henry Stevens in New BrunsWn OK on
the day after the killing. ste Vens
home is in Lavallette, 81 miles away
and his defense has been an albl.
Di Martini, when called by the Ate-
fense, testified that he did not knON'
Mrs. Demarest. Walsh today testt
fled that Di Martini, on the day IN
Brooklyn, said, Hello, Mrs. Dema-
rest"
Was Not i'm Elevator.
Walsh. on crossexamination, said
he was not in the elevator IN Wnlch
Mrs. Demarest was passenger IN
leaving the building. Mrs. Demarest
Yesterday had said he was in the car
w. P. Browne, newspaper man.
testified that he heard ID Martinl |
speak to Mrs. Demarest.
Taking the witness for cross-examl-
nation. Clarence E. Case of defense
counsel asked you are another or
the Mirror men?"
yes"
THAT'S ALL" said Case. He had re-
ferred to the New York Daily Mirror.
Lieut.. Cieciuch Of the Jersey City
police force, also testified to hearing
Di Martini say hello to Mrs. Demarest.
Ray Grimm, Philadelphia news
paper man, testified that Arthur Ap-
plegate of Lavellette had told him he
could not nix the date on which he
caught a bluefish which has been
much discussed in connection with
Henry Stevens alibi.
Woman Last State Witness.
Mrs. Elsie Barnhardt, the last State
witness, testified Di Martini told her
he had been to see Mrs Gibson, the
States CHIEF witness.
Mrs. Barnhardt is a sister Of Mrs.
Mills, and Mrs. Gibson's statement
that the detective had been to see her
concerning her eyewitness story of
the killings was denied by Di Martini
when he was on the stand.
Eldbridge w. Stein of Mont Clair,
an expert on questioned documents,
was then called by the defense, but
Justice Parker ruled that he could not
testify in rebuttal Of the States testi-
mony that the engagements of pho
tographs of Willie Stevens f1ngerprint
and of a disputed print said to have
been found on calling card near the
bodies contained distortion. The court
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