Evening star., 1926-12-01
COURT TURNS DOWN SIMPSONS
MOVE FOR. MISTRIAL OF CASE

times they were having and the good
meals they were receiving, and on be.
ing advised by Van Doren to wait un-
lii they were locked up for verdict
before boasting too much OF good
times, replied, "Oh, hell. we won't be
out 20 minutes"
Simpson reverted again to argu.
ments for a mistrial.
These affidavits," he said, demon
strate that there can be no fair trial.
that the jury has been unguarded.
that it has received telephone calls
from outside and that the members
are biased.
Compares Jurors With Trees.
"On the second day of the trial
they said that they would not convict
for murder IL 1t were committed be-
fore their eyes. 1t would be just as
satisfactory to try the case before IL
trees as before these men. probably
more SO, because the trees eventually
would bud and blossom.
These afiidavits demonstrate the
soundness of my argument for for
eign jury and that satisfaction can
not be obtained from a jury OF the
mentality and conscience Of this one.
There is still another Indictment
to be tried, no matter what the out
come of this may be. disgusting as 1t
must be to any person who is 1nno-
cent"
Simpson characterized the trial as
In the manner Of a social tea, with
the drinking Of port wine" He also
assailed the defendants for the way
they were accompanied In court by
their relatives, who. the prosecu tor
asserted, were "snigger'ng and laugh
inc 6urinO tho trial
Mr.. Case, answering Simpson. said
there was about as much accuracy in
Senator Simpsons statements as in
what he usually says" and argued
that there was nothing to justify a
mistrial.
He pointed out that the defendants
had been under a nervous strain be-
cause Of the extensive newspaper
publicity preceding and during the
trial: that the trial has been under
way month and was completed be-
fore the State made it's motion and
that the expenses were great.
Mr.. Case argued that some Of the
affidavits cited by the State in sup
port Of its move for a mistrial related
TO incidents long past" and that the
time they became known was the time
to bring them to the attention of the
court. He also pointed out that the
prosecutor, surrounded by men ex-
perienced in criminal matters, had
been sitting near the jury, cheek and
jowl," and that they were in a posi-
ton to watch the jury. The fact that
a person sits with his eyes closed does
not prove that the person is asleep,
he asserted.
Its charges indicate a poor sports
manship on the part of the prosecu-
tion," said Mr.. Case. He referred to
Van Doren as a partisan of Mrs. Glib
son and added that it would require
but a slight inquiry to convince the
court that Van Doren is as "cross-
grained as a hickory knot"
Simpson grouped his allegations
under three heads:
That members of the jury had been
asleep; that they had been improperly
ruarded, one member having been
deserved in consultation with mem
)ers of the defense, and the manifest
ostility Of some members of the jury
him and to the States case.
Tense i'm Courtroom.
1t was in a charged atmosphere
that he began his discussion of his
affidavits.
who is this person who makes the
first affidavit?" asked McCarter.
II object to your extreme rudeness
in this matter" replied Simpson.
You'll know all about it in due time"
With that Justice Parker raped
for order and Simpson went on to
state that the first affidavit was made
by Ralph Grimm, who stated that he
:lad been in the courtroom every day
and that he had seen juror No. 2,
John w. Young, farmer of Middle
bush, nodding and apparently asleep.
The next affidavits were by Frank
Barnhart and his wife Elsie. Mrs.
Barnhart is a sister of Mrs. Mills.
They alleged that another juror had
been seen conversing with McCarter
and Mr. Studer of defense counsel.
This incident was believed to refer to
a day earlier in the trial when a broth
er of Juror Tillman had died and he
went to McCarter to ask where he
could find the Judge.
Expressed His Sympathy.
McCarter, in explanation at that
time, said that he expressed his SYM
pathy and got away from the juror at
once.
The next affidavit was concerned
with a letter which Simpson said he
had received in which one of the
jurors was quoted as cursing him and
calling him 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 Barnhart affidavit.
A newspaper man, in another affi-
davit, said he had seen one Of the
jurors doing during the testimony
of Mrs. Gibson. Still another aff1-
davit by a newspaper man said jurors
Nos. 2 and were seen nodding at
another time. Juror No. was named
in another affidavit as having been
seen asleep. Juror No. 2, it was
stated in another affidavit, was OBJ
served as "nodding and apparently
paying no attention to the testi-
mony."
One newspaper mans affidavit stated