Evening star., 1926-12-01
COURT TURNS DOWN
SIMPSON PLEA FOR
M|STR|AL Of CASE;
SUMMATION BEGINS
Judge Parker Makes No Ex-
pIanation-Prcsecutor AL
legged Some Jurors Slept
and Held Biased Views.
ONE APPLIED DEROGATORY
EPlTHET TO HIM, HE SAYS
Taking Of Testimony Finished at
Forenoon session-Afidavits Of
fered by State to Back Motion,
Which Was Later Denied.
Counsel in Warm Exchanges.
ONE APPLIED DEROGAT0RY
EPlTHET TO HIM, He SAYS
Nv The Associated Press.

BY the Associated Press
COURTHOUSE SOMER-
VILE, \. !. December l.-justice
Charles ". Parker, presiding, TINS
afternoon denied a motion by the
State for a nlistrial in the Hail
Mills case.
The motion Of the prosecution
was based On afidavits submitted
this morning in which allegations
were made that members OF the
Jury had slept in the courtroom dur
ing the hearing of testimony and
had indicated prejudice against the
State and its representatives III dis
cussions outside the court.
Judge Parker made no comment
beyond saying that he had studied
the affidav;ts and that he had de-
cided to deny the motion for ms
trial. Neither State nor defense
counsel commented.
The jury. which had been taken
from the courtroom, was brought
back and Iep4rations were begun
for the dciensc's summation.
It was announced that fosmer At
torney General Robert II: McCarteE
would speak nrst for the defense lie
was TO occupy the entire afternoon
session and viii he followed by Clar-
ence Z. Case tomorrow. Alexander
Simpson, special prosecutor, VIII
close for the State.
Begins Summing Up.
McCarter began his summing up
as follows:
There is 10 higher duty than
YOURS" he told the jury. 'Patlently,
and so far as l can tell intelligently,
Won have been diScharginG your
duties day after daT for month.
Pointing out that the defenda nts
were charged with having ID lib
erately, with malice atorethousht,
maliciously, Indignantly and hor,fpiy
slaughtered" Mrs. Mills, McCarter
asked, Are they thugs? Are they
ueopla who so out to achieve tnelr
going Christians" he said, and out
fined in detail how church work threw
Mrs Hall. her husband and Mrs.
Mills together
Then the defense attorney went on
To picture what he called the "domes-
tic scene" Of the family life or the
dtfserent defendants, saying that
Henry Stevens was living a quiet life
at I.avallette, Mrs. Hall lived IN a
happv home. devoted to her husband,
and that Willie Stevens lived in pleas
ant surroundings, happy TO run 10
fires. as are many boys" His sister
was Willie's idol. McCarter said.
After outlining the domestic scene, ;"
the attorney asked: You wouldn't ex-
pect to find in that environment
brutal cruelty, would you?'
Picture of Mrs Mills.
Mrs. Mills was pictured as woman
who lived 4 drah home life, seeking
an outlet for her spirit in church
work. McCarter stressed the TACT
that Mrs. Hall had carried Mrs. Mills
10 a hospital in February W., mad
visited her there and had helped pay
the hospital rll, all of which, he said,
was proof of devotion.
Early in his address McCarter
stressed his contention that James
Mills. husband OF the slain woman,
had a much better opportunity of
knowing about the love affair between
Rev. Mr.. Hall and Mrs. Mills than
did Mrs. Hall.
He pointed out that while the Halls
were spending their vacation in
Maine Mrs. Mills addressed her love
letters to Seal Harbor, 10 or 10
minute motor boat ride from the
canip where the Halls We're staying,
and which was visited by the minis
ter alone 10 get the letters.
on the other hand. McCarter SAID
I>t% n.
rectly 10 the Mills home, where
Jane Mills would have an oppor-
tunilv TO learn of them.
In his rcCountinG OF events on the
Sav OF the killing McCarter again
pointed a finger at James Mllis over
the objection Of Senator Simpson.
Later in his argument McCarter
again referred To Mills as he told OF
Mrs. Hall seeing Mills Friday ana say
ing. MY husband has not come home
ali night" with the reply from Mills:
Neither has my wife. Ferhaps they
have elopeG."
II think that is a most significant
statement If Mr.. Mills" said the de-
fense attorney.
Motion for Mistrial.
The special prosecutor made the mo-
tio,, fol. the miStrial at the opening
of court. submitting dozen or more
afidavits that the jury had expressed
prejudice against him and the States
star witness. Mrs. Jane Gibson, and
had been guilty of inattention during
the trial
The matter of the mistrial motion
having gone over for a time. the State
offered the last Of its rebuttal wit
nesses. The brief surrebuttal testi-
mony. including a handwriting ex-
pert to combat testimony Of the
states experts. followed, and, with
the testimony all in the mistrial eff
fort by the State was renewed.
An affidavit was read from Gilbert
Van Doresi, <notep proprietor, who said
that one of the tnrors had applied an
unprintablc ep.thet TO Simpson and a
somewhat similar term of reproach to
Mrs. Gibson.
Simpson argued that the State had
shown sufficient grounds for dismissal
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