The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1937-09-13


of articles on Edith .Mdrtueu,
mountain school teacher ttOice
found guilty OF the murder of
her father, Triog MdTUeH, and
under sentence of 20 years in
prison. Her appeal for a netD
trial tDtU be heard tomorrow by
the Virginia State Supreme
Court of Appeals at StGunton).
BY CARROLL PEEKE
When the second trial of Edith
Maxwell, young mountain school
teacher charged with the Staying
Of her burly Observation-Disclosures,
Trigg Maxwell, opened in Wise,
Va, last December, both prosecu-
ton and defense developed new
lines from those followed at the
first trial when the girl was found
guilty of first degree murder and
sentenced to Is years in the penl-
tertiary, a sentence set aside by
the State Supreme Court as "ua-
justified"
commemorative Attorney Fred
Greear brought in a number OF
friends and schoolmates Of Edith,
who testified she had told them
she "hated" her father and that
she would kill him if he ever at
tempted to whip her.
AK CHARGED USED
Greear also attempted to show
the jury that Edith killed her
father not with her slipper, but
that she used an ak to cut him
down as he slept.
An ak similar" to one which
Greear commended she might"
have used was introduced in evil
dence, despite the fact that
Charles Henry Smith, chief de-
tense attorney, moved for a mis-
trial on the ground this was i'm
proper and prejudicial.
The following day Judge Ezra
Carter, who was named by GOV.
George Peery to preside at the
trial, ordered all testimony re-
ferring to the ak be stricken
from the record, admitting that
it should not have been admitted.
Defense attorneys complained that
while it was ordered stricken, the
damage had been done before the
jury.
SISTER TESTIFIES
The defense did not place Edith
on the stand at this second trial,
relying on scientific medical testi-
mony given by DR.. A. Magruder
Macdonald, coroner of the District
of Columbia, and DR.. j. H. Scherer,
coroner of Richmond. It was in
tended to show that Trigg Max
well died of a heart ailment rather
than by blows on the head.
The chief witness for the de-
tense was little 12-year-old Mary
Catherine, Edith's sister. She test
titled of her father coming home
drunk, of his attacking Edith and |
picking up butcher knife and
threatening to kill her.
But, again the jury of IL men
found the teacher guilty, this time
fixing her guilt at second degree
murder and the sentence OF 20
years.
FREE ON BOND
Edith was released on bond,
pending an appeal. In March |
the case was reopened when
Smith made motion for a new
trial and Sprang a sensation |
when he presented affidavits
tending to show three members
of the jury had committed per-
jury, by stating under oath they
had no fixed opinion about the
case, while they had previously
said she was guilty and should
be given the limit.
Judge Carter refused to grant
a new trial. Smith carried the
case to the State Supreme Court,
asking writ of error.
Last June the court met at
Wytheville, and all seven justices
voted to grant the writ of error.
The writ permits argument for
an appeal. which will be made
tomorrow at Staunton before the
entire court.
Smith will be given one hour to
present his case, and then the At
torney General of the State will |
be given one hour to argue as to |
why she should not be given new
trial and that the verdict be al
lowed to stand.
The court will hand down it's
decision in the November term in |
Richmond. If the appeal is de-
MED the young teacher must enter |
the penitentiary at once.