New Britain herald., 1929-09-25
MUSIC EXCLUDED IN PEACOX TRIAL;
 MISTRIAL DENIED
Judge Rules Words Of Songs Slayer Sent Wife Not Ad-
 llliSSible as Evidence
HOT EXCHANGE FOLLOWS
 AS ATTORNEY PROTESTS

V
 in Case, Court Decidcs-Defend-
 ant Say~ He "Dclibcratcly" ChOk-
 ed Wife, But Not With Dclibcia-
 tion"-InNiNts He Is Not Insane
 Now.
 White Plains. x. Y, Sept. 25 LR}- X mistrial was asked today in the trial Of Earl Pcacox, charged with the torch murder" of his wife. be- cause Justice Arthur Tompkin> would not permit the slick haired young defendant 10 render the words of two sentimental songs from the witness stand.
 On the stand almost all of ycStcr- day PcaCoX climbed into the witness box again this morning and com. | rlrted crcss-cNamination by DisuiCl Attorney Frank A. Coync. Sid~ey A. Symc, his own lawyer then be- L."an re-dirnCt cNa nination hy refer ling 10 two songs PcacoX had testi- ] fled yesterday that he sent his wife ! curing the separation that preceded i her death, admittedly at his hands Just q Memory" One Tune The songs were Just a Memory" and Love Sends Little Gift of 1 Roses. and Tcacox testified that le- tore they separated he and his wife rsed to sing them together
 DO you still cmber the words of those son@s?" Svme asked. 1 do" replied PtacoX who d. ready had demonstrated m Ihc i '0Lrt room floor how he had fotlcG nl5 wife with Il pistol aand cho,;cG l CT until she suddenly went limp and died in his arms. H" showed no sign Of any feeling Of rep4g- 1 nance st the prospect of snying or singing the words of the 90, De. ; fore the crowded roomful of spec tators ii his counsel requested. But the request. whether il was 10 be for saying or singing, was never 1 actually made. The district attor- ! ECy obJcCtcd dr- the judge upheld . him
 Enters Lively Discussion
 Sylne protested the ruling and en- l tered into lively exchange with i the judge. who was adamant in his 1 decision. When the songs were men toned yesterday, Justice Tompllins i Idmonish~d Symc that there's enough in this trial now without get ting music in it."
 Then I move" Syme shouted to- day, when forbiddo9 to proceed with this line of examination, for the withdrawal of a juror" (This would result in declaring of mistrial and a complete fresh start with q new jury of the trial now in the middle of it's second wck.)
 q make this motion." Syme said. "on the ground that the court has excluded testimony beneficial to the defense and by so doing has made an error prcjudicial to this defen- dant"
 "Motion denied" Justice Tompkins ruled, and the trial proceeded. Poa- COX shortly afterward completed his testimony.
 PcacoX resumed the witness stand today to continue his story of how he killed his wife, whose body he burned, and for whose murder he is being tried.
 He was composed as he climbed into the witness box today, but his face was plaster white, thrown into striking relief by his ill-cut black suit and his black four-in- hand tie. District Attorney Frank II. Gown" at once resumed questioning. PcaCox told again of "everything go ing black" and then seeing his wife | lying on the floor, her head in q pool of blood.
 Cleaned Up Blood "YOu cleaned up the blood and removed stains from yourself and your wife," Coync asked.
 "I did,"
 "That was before you carried the i body to your ear and drove it to the woods where you later set it atire?"
 Tt was"
 Continued on Page Two)