New Britain herald., 1927-06-13
GRAND JURY GIVEN IRWIN DEATH CASE Cline, Accused Novelist, in At-
 tendance at Hearing YEOMANS INSTRUCTS PANEL Jurors Told True Bill of First or Second Degree Murder is Possible -Noone Given Opportunity to Charge Manslaughter in Mansfield Killing.

Charge Manslaughter in Mansfield
 Killing.
 Rockville, June 13. -PN- The Holland county grand jury called to consider whether Leonard Cline. Journalist, nc"elist and playwright, should be indicted for murder for the death of Wilfred P. Irwin, his friend and house guest May 16 in Mansfield, met here today.
 There was no considerable public interest manifest in the proceedings, only few spectators gathering to watch the arrival of Cline from the Holland county jail. in custody of Sheriff Fred O. Vinton. and that of Mrs. Cline and Mrs. John s. Wier- engo of Grand Rapids, Mich, Cline's sister, from Willimantic in company with former Attorney General w. A. King, his chief counsel.
 Noone Remains Silent
 States Attorney Thomas F. Noone, who Is prosecuting the case, refused to make any statement as to either the number or the identity of the witnesses he would produce before the grand jury. Cline and Sheriff Vinton posed for a news photog- rapher on their arrival at the court house before entering.
 With w. A. King, as Cline coun- sel, are associated his son, J. H. King, and [. s. District Attorney John Buckley of Union.
 The grand jurors assembled to- day include Judge J. White Sumner of Bolton; pr. F. w. Converse and Robert r. Jones, manufacturer. of Willington: Dr. William L. Higgins and Judge Eugene w. Latimer of Coventry; L. Ernest Hall and Will liam Aver. Jr.. retired business men, of Holland: Ernest s. Fuller, farmer, Of Somers: Robert E.. Hyde and John r. Mcknight. farmers, of Kill ington; Dr. Thomas F. OLoughlin, Dennis J. Mccarthy, attorney, and Augustus NJ. Burke, retired garage man of Vernon: Judge Lewellyn, J. Storrs. and Professor George H. lamson of Mansfield: Holcomb H. Howard. farmer. of Union: Francis C. Luce. manufacturer and Enos L. Penny, merchant. of Stafford
 While no legal provision is made requiring that a lawyer act as fore man of grand jury, it was expected that Attorney Mccarthy would be selected for this position.
 Cline Unconditional
 There were only about 30 persons in the spectators seats as Judge Ed ward NJ. Yeomans presented his charge to the grand jury, and many of those appeared to be present as prospective witnesses. Throughout the charge, which took about 25 minutes. Cline sat impassively watching the judge. giving no evil dence of emotion. His wife and sis ter who had gone directly to him upon their arrival and greeted him with kisses. sat with him in the court room.
 Judge Yeomans in his charge said that Cline would be present during the examination of witnesses, and might put questions to them. but that neither he nor other witnesses for the defence would be heard. He explained that the duty of the grand jury was not to determine the guilt or innocence of the accused. but to determine if. in the opinion of 1e of it's IS members, the state had pro- duced sufficient evidence to warrant the body in making an accusation which he would be held for petit jury to determine guilt or innocence.
 Justitiable and unjustifiable homi- eide were explained in the charge. and manslaughter was defined as a killing in which malice was not present as contrasted with murder, in which an element of malice was present. A killing which resulted when a mind was deadened by drink could not have any malice in it, he told the jurors.
 After hearing the witnesses on the list, the grand jury was told it would have privilege of asking for further witnesses if it felt them necessary. It would then retire. elect it's fore man and if it wished a clerk, and consider the evidence it had heard. At least twelve of the IS members should agree before returning true bill
 May Call Witnesses
 In case the grand jury did not decide 10 return an indictment for first degree murder. but wished to return one for second degree mur- dr, said the judge, it should inform the court through it's foreman of failure to indict the first degree and ask for a charge of second degree murder. with which it should again retire and. after properly deciding upon and preparing the indictment. again return to report.
 In case the grand jury refused dictment. Judge Yeomans informed 1t, States Attorney Noone might. if he so desired. prefer a manslaughter charge by information.
 Following the charge. all persons not connected with the case, includ- ing reporters, were excluded from the court. Attorney w. A. King and John Bulkley of defense counsel
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