Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-09-25
NISTR|AL IS ASKED
BYPEACOx COUNSEL
Motion Follows Court'c Re.
fuSaI to Allow Defendant
to Recite Song Words.
BY the Associated Press.


WHITE PLAINS, N. Y, September
25.-A mistrial was asked today in the
trial of Earl Peacock, charged with the
torch murder" OF his wife, because Jus
tice Arthur Tompkins would not permit
the slick -haired young defendant to
render the words Of two sentimental
songs from the witness stand.
After being on the stand almost all of
yesterday, Peacox climbed into the wit
ness box again this morning for COM
pletion of his cross-examination by
District Attorney Frank A. Boyne. Sid
ney A. Syme, his own lawyer, then be-
gan redirect examination by referring
to two songs PeacoX had testified yes
terday that he sent his wife during the
separation that preceded her death, adj
mittedly at his hands.
Sang Duets.
The songs were Just q Memory" and
Love Sends q Little Gift OF Roses"
and Peacock testified that before they
separated he and his wife used to sing
them together.
those songs?" Syme asked.
"I do" replied Peacox, who already
had demonstrated on the courtroom floor
how ne had felled his wife with pistol
and choked her until she suddenly went
limp and died in his arms. He appar-
entity was ready to repeat or sing the
words of the songs before the crowded
roomful of spectators, II his counsel re-
queSted.
But the request. whether 1t was to
be for saying or singing. was never &C
tually made. The district attorney OBJ
jected and the judge upheld him.
Syme moved to withdraw o juror and
have q mistrial declared on the ground
that testimony had been excluded to the
harm of the defendants case. The mo-
ton was denied.
During six hours yesterday the 81
wear -old radio mechanic told the story
of his troubled married life and the
details of the tragedy which ended 1t
in his Mount Vernon, N. Y. apartment
on the night of their first wedding an
niversary, last April 81. He denied in
tent to kill and avowed love for his
wife.
At the opening Of the cross-examina
ton. he demonstrated in pantomime
how he had pulled his pistol from his
pocket, seized the barrel and struck his
wife down. Then he grabbed court
attendant by the throat with one hand
over his mouth to show how he stran-
gled her.
In direct examination he testified that
everything went black" before his mind
when his wife tainted him with living
in the same old dump" but under
questioning of Supreme Court Justice
Arthur S. Tompkins he said each OF the
moves he had re-enacted was delib-
crate.
Did YOU do all this deliberately"
the court asked after District Attorney
Frank H. Coyne had admissions from
PeacoX that he knew what was gong
on.
1T depends" said Peacock. upon what
construction you place upon the word
deliberately Please define the legal
meaning Of the word"
Never mind that" replied the court;
lust use the common meaning"
We'll, yes, then, did"
Panic Seized Him.
He said it was not until after he had
listened for heart-beats and had held a
mirror before his wifes lips to see II
she was breathing that panic seized
him. In direct examination he had de-
scribed himself as suddenly realizing
that he was sitting In chair and That
his wifeS body was lying crumpled on
the floor
Under the questioning Of the prosecu-
tor. he said there had been no state
of ps.nic when he carried the body
downstairs, placed it in his car and
drove to the lonely thicket near Scars
dale, N Y, where he hid 1t.
He explained that his act in going
back five days later to burn the body,
which he had stripped Of jewelry and
clothing, was not to escape punishment,
but to spare his wife's mother by
obliterating identity Of the body.