Evening star., 1926-12-02
BY FRANCES MOVES HART
,ecial Dispatch to The Star.

Special Dispatch to The Star.
| COURTHOUSE, SOMERVILLE. N.
j., December ALARMS and excur-
siOns yesterday heralded the first day
! of the second month of the trial of the
4, State of New Jersey against Mrs.
Frances Hall, Henry Stevens and Will
! liam Stevens For several narrowing
hours 1t looked as though the whole
swollen imposing fabric was about to
collapse into the pricked balloon of a
mistrial--stricken countenances eyed
each otner forlornly and looked hastily
away; it seemed too hideously anti
climax to be possible.
And yet the tale that Senator
Simpson unfolded seemed to make it
! not only possible, but probable. Within
| two minutes of the time that court
opened he flashed on to his feet-he
wished the jury to be excused while he
made a motion. Mr.. McCarter bounced
| to his feet-he did not wish the jury
to be excused. The jury was excused.
| No sooner had the last coat-tail van
| ished through the door than Simpson
demanded a mistrial. Mistrial. AS
| though 1t were the crack of the
| starters pistol, the press started for
| the exit, to be rudely checked by
Judge Parker's imperious cry of will
| the officers close those DOORS" and
sharp reminder that the court was
not going to permit any rushing about
while motion was being made.
Affidavits Are Read.
Senator Simpson thereupon read,
with emotion and dispatch, series Of
affidavits, stating in no uncertain
terms that the IL good men and
true who have been selected as the
Ioe. dow ~ i,,et in,
this trial are guilty of somnolence,
impa atience, telephone conversations,
pig-headedness. petulance, unchap-
eroned parleyings on street corners,
truly deplorable language and a pro-
found dislike for Hudson County,
Jersey City, Jane Gibson, Alexander
Simpson and all their works.
The most imposing of the affidavits
is made by Mr.. Van Dorm, a citizen
of Somerville, who is not apt to en-
joy it's unqualified cordiality after
this performance on his part. He is
an elderly gentleman, owner of the
| hotel in which the jury is quartered,
Democrat, a large taxpayer, and,
according to Mr.. McCarter and some
of his fellow citizens. "as cross
grained as a hickory knot"
Mr. Simpson, wasting no time on
unseemly words that Mr.. Van Dorm
says he heard members of the jury
apply impartially to the special prose
cutor and his star witnesses, and the
ears of the startled courtroom are as
sailed by language that some of us
had fondly imagined was confined to
truck drivers, the A. E. F., the more
intellectual drama on Broadway and
nice little dashes on the printed page.
Mrs. Halls inscrutable countenance
becomes slightly more inscrutable-1t
is doubtful whether she has ever en-
countered even the dashes hitherto,
and there is a slightly more en-
phatic Tightening of her pale. fastid-
ious lips.
WiIlie's Eyes Pop.
Willie's eyes are literally popping
Henry looks stern - Case diverted
McCarter at once gratified and pet
rified-and Judges Cleary and Parker
as imperturbable as though the de-
fense were asking for another eXcep-
ton.
Mr.. McCarter, Mr.. Simpson having
temporarily desisted, explains with
great conviction that he thinks that
a mistrial would be very bad ldea,
indeed. He protests energetically
that it is his mature opinion that all
concerned are just about fed up with
trials, and that he personally thlnks
that it would be sheer frivolity TO In
dulge in another one just because
few old gentlemen have called SEN
ator Simpson names-Whlch, ne aouS'
he trusts are not JuStlned
II NAV well be true that some OF
them closed their eyes occasionally,
hut If is sheer circumStantial evil
dence to conclude that they were
therefore slumbering. Behind those
closed eyes they may have been as
alert and agOg as the court ltSeH.
True, they are human and therefore
subject to the frailties OF human
nature. They may have chatted
little too loudly for entire discretion,
but in the final analysis, what or II!
Mr. McCarter makes it abundantly
plain that he for one thinks that a
mistrial is simply preposterous loea
and that in his far-from humble opln-
ion Senator Simpson is poor sport
to suggest one.
Senator Simpson retorts that II ne
is moor sport how about the people
who cut Eleanor Mills throat,
withering but not particularly peril
nent reioinder. He then remarks, not
without heat, that if one or two OF
, the Jurors are human he would like
some more affidavits to prove 1t.
Simpson Prefers Trees.
Personally. he would rather try to
convince II trees of the justice of his
cause. and he, for one, is all for
mistrial However, he is willing TO
leave that entirely to Judge Parker.
which is fortunate, as 1t is little
difficult to see what else he could do.
He paws a generous tribute to the
fairness and ability of the judge and
plunges with his usual abruptness
into silence.
Judge Parker, outwardly at least,
unmoved by these tributes, states
briefly that the court will consider the
, matter during the noon recess, and
fever of suspense seiZeS on the
room.
The mornings witnesses are re-
garded somewhat fretfully by eyes
that are waiting for the clock hands
to arrive at half past l. These are.
after all. intruders upon the really
vital business of the day. The clock
is the only important figure for the
time being-why bother about the
rest?
The trial proceeds. however; the
naughty Jury struggles back into their
respective chairs. Under the reproach-
full ewes of the courtroom the jurors
look for the moment as though they
are being consigned TO a corner. 1t
, is interesting to speculate as to how
| much of the storm that they have
raised may have blown back to them.