Evening star., 1926-12-02
LANGUAGE CHARGED TO JURY
STARTLES COURT SPECTATORS
Crowd Is Glad Court Refused Mistrial
Plea, Which They Consider Too Much
of an Anti-Climax.

ly Mrs Barnhart takes her finery
back to the seat next to Charlotte.
who is leaning back with shadows
under her eyes, looking little spent
after her collapse yesterday.
Senator Simpson stares rapidly
about, jerks at his brOcaded purple
tie and closes his rebuttal evidence.
Eldridge w. Stein takes the stand
for the defense rebuttal. A mighty
shudder convulses the courtroom as
it appears that the mild-looking gen
tleman in steel-bowed glasses is a
handwriting and Photographic expert.
1t is all too obvious from the para
phernalia grouped about him that he
is going to explain to us that the
huge and maligned enlargements of
thumbprints made by the defense are
perfectly lovely photographs and not
distorted one little bit. Senator Simp-
son comes promptly to the rescue,
welcome as st. George to the dis
tracted villagers staring at the
dragon. This kind of testimony, he
remarks with feeling. is liable to pro-
long the trial into the jovial Christ
mas season. If Mr.. Stein is permitted
to testify that these pictures are ire
proachable, Simpson himself will
promptly produce what he darkly re-
fers to as a flock of photogra piers
to testify that they are perfectly awful
photographs, distorted no end
Judge Parker, possibly moved at
the thought of the imminent process
sion of Photographic experts, prompt
ly Overrules the testimony and Mr.
McCarter, vociferating nightly, goes
down for the third time to a spirited
accompaniment of the gavel.
Exhaustion Is Widespread.
Mr.. Stein is permitted to testify,
however, as to the famous buefish
entry in Henry Stevens diary, and ex
presses himself candidly as to how
very misleading and misled the
States handwriting expert was. Mr.
Stein is sweet reason itself and his
voice exquisitely modulated; but when
he gets down from the stand we
know just exactly as much as we
did before about entries in diaries
and care less.
James H. Taylor is recalled. Simp-
son objects to his testimony on the
ground that "Mr. Taylor is thorough
ly exhausted as an expert" and the
exhaustion, it may be added most
emphatically, is shared by the inno-
cent bystander. Incredulous horror
descends on these later as it becomes
abundantly clear that Judge Parker is
going to admit this evidence. 1t is.
however. mercifully brief-Taylor
simply testifies that what the State
claims is a superimposition is nothing
Of the kind-and departs.
Wilbur Rogers of the Brooklyn
Eagle and Raymond Daniels of the
New York Evening Post state hur-
riedly that they were in the elevator
with Di Martini and Marie Demarest,
and did not hear him speak to her.
They, too, are gone-and the defense
closes it's rebuttal.
Recess and Many Voices.
Recess and the sound of many
voices raised in panic of protest and
speculation He can't get it," Hes
going to get it, What else can
Parker do?' well, believe me, he
can't do that" THE county won't
stand for it," whats the county got
to do with it's justice to be decided
by how much people want to pay in
taxes?" I'll bet you So he calls it a
I'll bet you $500 he
doesn't" Egg sandwiches and coffee
are consumed perfunctorily and the
occupants of the courtroom hastily
resume their seats, sitting we'll on the
edge of their seats, eyes fastened on
the door through which will come
Justice Parker, silk robed and eagle
eyed, whom some Of us have come to
regard as fair-minded and as level
headed as the special prosecutor him.
self claims him to be.
Some one for the defense is taking
up the map of the Phillips farm and
De Russey's Lane-a gesture gallant
as the running up of flag over
beleaguered fortress-a gesture that
says, "All is we'll. The fortress has
not fallen. In a little wilhelm a
very little while-you will hear once
more the roar Of the guns" We eye
1t hopefully-and a door opens, and
John Bum, most delightful of court
criers, comes in, and to our dismayed
horror, calmly removes the map.
This is the end, then-a mistrial 1t
is.
And just as we try to adjust our
staggered minds to the fact that the
greatest criminal trial Of the century
is going to be a mistrial. the door
that was concealed behind the map
opens and in files the jury, the per-
haps innocent cause of all this con-
sternation. Reprieve! The map was
simply being removed to admit them.
Defendants File In.
Through the door to the left of the
judges chair file the accused and
their counsel-chins up, smiling reso-
lutely in the face of what may be
disaster of the first order. Judge
Cleary and Judge Parker follow them,
inscrutable as brothers to the Sphinx.
They settle themselves with a spa
cious and maddening air of leisure in
their chairs under the flag, and the
little blinded figure of Justice. Judge
Parker sweeps critical eye over the
eager faces, leans back in
his chair and says conversationally:
1.-The motion for a mistrial will be de-
MED"
John Bum moves forward briskly,
map in hand glances about for a ham,
mer and with an understanding smile
at the judge takes the redoubtable
gavel itself and drives home the nails
with the scepter of the law. Once
more we are watching the lane down
which Flea nor Mills came with her
lover on that September night four
years ago: we are to be permitted to
follow it to the end.
uADDv DcDOV MEG