Evening star., 1935-01-06
Crucial Points" Recalled.

Crucial Points" Recalled.
Mr.. Cumnings-We may now pro-
ceed to consider the two crucial points
to which reference has been made
heretofore. The first is the attempted
identification of the defendant Parl-
ton as one of the purchasers Of gaso-
line (allegedly used in starting the
fire), at the filling station in Wash
ington.
"Of the three attendants at the
filling station, only Kersey identified
PARTON as being one of the two young
men who purchased 10 gallons OF gas
oline at the station the morning OF
the fire, and carried it away in a milk
can. The other two attendants failed
to make the Identification. one of the
latter affirmatively stating that one
of the purchasers was bigger man
than either of the defendants. This
would seem to be tantamount to an
assertion, in negative form, that the
two persons accused were not the ones
who purchased the gasoline
Mr.. Garnett-"We have thus far
set forth only the evidence on behalf
of the Government. This has been
done more especially because of the
arguments in appellants brief that
there should have been directed
verdict because there was conflict
of testimony in the Governments own
case concerning the identification of
PARTON as one of the men who pur-
chased the gasoline.
Conflict Is Denied.
"But there was no conflict Kersey
positively identified PARTON, the others
could not and did not identify him.
1t is a distortion of Hanna's testi-
mony to interpret it as saying that
PARTON was not one of the two men"
Mr.. Garnett also stated in his brief
that Hanna identified Smiths car as
the one which he saw at the service
station when the gasoline was pur-
chased on the morning of July g."
The Attorney Generals brief said:
There were also attempts to
identify the defendants automobile as
the automobile in which the men who
purchased gasoline drove up to the
service station, but the car was iden-
titled only as exactly like or similar
to the car of the defendants
The Attorney General attacked the
credibility of Kersey, asserting he had
previously been convicted of several
minor offenses Mr.. Garnett, in his
brief, did not go into this.
Garnett Claims Deceit.
At another point in the brief, Mr..
Garnett pointed out the following
Then there is the deceit practiced
upon Mr.. and Mrs. Schoultz (innkeep-
ers near HerefordD in securing their
signatures to the statement as to the
time when appellants arrived at the
inn" ct was testified, according to
the brief, that Smith and PARTON in
terviewed Mr.. and Mrs. Schoultz before
the trial and procured their sigma
lures to statement that it was ap-
proximately 4:3O or O'Clock when
the defendants awakened them on the
morning in question. 1t was shown
that when the subject was first
broached the Schoultzes said they
could not fix the time and would not
sign the statement then presented,
which fixed the time at 4:30 or am.
Thereafter rewritten statement was
presented by Parlon, but it contained
the statement of time to which Mr..
and Mrs. Schoultz objected)
"Yet again." Mr.. Garnett's brief
continued, "is the episode at the inn
when Mr.. Ross Gan attorney was
investigating the case, when partition
walked behind the bar and asked the
waitress to do a pal favor and, if
INTERCEPTED, to say that 1t was or
4:3O o'clock Sunday morning when We
were here Mr.. Ross recalls that
the bar. PARTON denies that it was
he, and says it was Smith; Smith
admits it was he and the substance
OF the conversation"
Case Called for Tomorrow.
On these points, the Attorney Cen
erals brief said:
'The prosecution developed minor
inaccuracies in the defendants story
and some evidence of mistaken zeal in
seeking testimony, but these matters
had no material bearing upon the
essentials of the case"
When the case is called tomorrow
Mr.. Underwood will inform the, court
that the Attorney General has con-
fessed error. Should the court desire
to proceed with the case, it is under
stood the Government will submit II
without argument.
Several members of the fraternity
were sleeping in the house and were
seriously injured when forced to jump
after discovering the fire. Smith
and PARTON were convicted Of arson
in October, 1888, and sentenced tc
serve from to 9 years in the peni-
tentiary.
Youth Relieved at Decision.
PARTON yesterday issued the follow
ing statement: -
"It is a great relief to know that
my false conviction is about to be
rectifed," he said. Minus the stigma
Of being an ex-convict, I will have q
fair chance with respect to the future.
! am thankful that the Attorney Gen.
eral saw fit to order an investigation
and give his personal interest in an
effort to right miscarriage OF JUS