Putnam patriot., 1929-05-02

Hft to Afs hluk anu Ai1tANA AfNAf may say that l never gave them any credit because it Is apparent to any one reading them who is at all con versant with the facts that they are untruthful.
 ''In the first place the statement to the effect that there was a terrible fight between her and her husband does not tally with the condition found after the murder. Anyone who knew the deceased and his tempera- ment and physical attributes would not believe that he allowed his wife to take the revolver from him and submit like a lamb led to it's slaughter to being shet down without strug gle. Nor would he be likely to be en- gagged in murderous affray whiie dressed as he was with his gloves In his hand.
 Dr. Costello determined from his examination that the deceased was not suffering from venereal disease at the time of death The insinuation Is apparent enough in the note that he was suffering from such trpubie when she states about q fight over his physical condition. So there again the lalsity as well as the utter ahsurdlty of the notes was immediately appar- ent to me and to the investigators.
 Obliged to Testify
 "I might add that the statements contained in the notes are in conflict with other written and oral deelara- tions made by the wife between the time of the murder and her suicide, including her testimony under oath before the coroner. Had Mrs. Jack son lived she would have been oblig- ed at the trial to disclose the facts within her knowledge and of this she was aware which caused her to do away with herself.
 This is not the only witness that the state has lost. Mrs. Merton An drews, a woman of the highest char acter and unusual ability, was one or the first to reach the scene Of the homicide. Tn fact she was the first person called after the doctor and ar rived there almost as soon as did he. She remained at the Jackson house at the suggestion and in the employ of the state from the time of the murder until her death seven weeks later Had she lived she would have furnished important evidence m be- half of the prosecution but now her lips are also sealed by death. l can say truthfully that with her death expired valuable evidence Co the pro- secuticn of the accused to prove his guilt.
 Now. Your Honor can see that both of these deaths occurred after the grand jury hearing and were en- tirely beyond the power of this state to control. A successful prosecution must be based on the proof of facts and not the advancement ef theory and the death of these two women has left us in position where l can see no possibility of a conviction in the absence of this evidence.
 'It is sometimes the duty of a state attorney Co make such a mo- ton as I am about to address to Your Honor because after inyesti- gation he is satisfied that an ac- cused is innocent. This is not a case of that kind l may say that my investigation has not led me to believe that Rice is innocent of the charge upon which he stands in- dicted. but we are simply con- fronted with a situation where it seems to me futile new to attempt Co prove his guilty. I have conferred with others of a wider experience than mine as to my action in this matter and they concur with me in my recommendation Under all the circumstances. Your Honor, | feel compelled to nolle the case against Trcnor A. Rice and subject to your approval it is my purpose to take that course"
 The motion for a nolle came as a complete surprise Co the counsel preparing the defense of Mir. Rice After Mir. Bradford had read his lengthy statement setting forth his reasons for requesting the nollel William A. King and Mir. Harvey, Riee's counsel, requested a short re- cess so that they could determine what procedure they wished to fol low.
 When court reeonvened Mir King, in a statement requesting that Rice be acquitted said that the defense was prepared to prove that Rice was absolutely innocent of the crime as charged and therefore felt that any thing less than an acquittal would be an injustice.
 Judge Marvin's Statement
 Judge Marvin denied the motion Tor acquittal and approved the motion for Che nolle, making the following statement.
 IT the court is cirreetly informed about such matters. the control oi Che prosecution rests with the State's Attorney We have here situation where the Grand Jury has found Q true bin, to be sure, but certain events happened which might have thrown a different light on the situa. ton; hut the true bill is there and always will be there. The States AL torney has no power to alter that situation. the only thing that he has any power to do is to control this particular prosecution, and he has power to control that to the extent of nolleing it. There has been some difference of opinion as Go whether or not that required the consent and approval of the Court, but l think that our practice has been Co ask that the Court should approve of 1t. Al any rate. in similar cases that ] have had. that has been the course that the States Attorney as followed.
 'You have a situation here which