The Washington times., 1937-03-09
COURT TO HEAR
PREJUDICE
WITNESSES 3.
Will Back Affidavits
Citing Opinions Of
Three Jurors
By CARROLL PEEKE

satipnal phase OF the Edith Max
well murder trial.
The defense prepared to go into
court this afternoon and seek to
set aside the verdict which would
send Edith Maxwell, 22-year-old
mountain school teacher, to the
penitentiary for 20 years for the
murder Of her blacksmith father,
Trigg Maxwell.
Charles Henry Smith, Washing
ton and Alexandria lawyer. yester-
day filed nine affidavits charging
that three members of the jury
we're prejudiced despite their oaths
that they could serve with open
minds.
Commemorative Attorney Fred
Greear and the special prosecutor,
oscar Wears, fought for a delay
of several days to investigate, but
Judge Ezera Carter ordered the
case to continue at / o'clock this
afternoon.
Sheriff Fears Feud
The prosecuting attorneys and
Lee Skeen, Miss Maxwell'S uncle
and former sheriff, who has sup
piled funds for the prosecution, i'm
mediately started out in search OF
evidence to controvert that of the
defense witnesses.
There is a family feeling about
this case so intense that Sheriff
w. C. Bowling has declared he is
fearful it may lead to another feud
in this county which has had some
of the bloodiest in the history of
the country.
The state will seek to bring in
witnesses to break down the
afddavitS of the nine men the
defense has summoned to prove
that the three members Of the
jury were prejudiced when they
took their seats in the jury box
for the second trial late last No
vember, the jury that returned a
verdict of guilty of second degree
murder and fixed the panalty at
20 years.
Juror Twice Quoted
One of the affidavits is made by
q Tennessee coal dealer and a
brother of a Tennessee judge. He
swore that he overheard one Of
the jurors state that in his opinion
the first Jury, which found Miss
Maxwell guilty of first degree muir
der and sentenced her to Is years,
did not give her enough, and that
eff he had anything to do with The
jury he would have given her
life"
Another man made affidavit
that he heard the same juror say
Miss Maxwell should have been
given life, and at another time
that she should have been given
so years instead of 25.
In another affidavit, a second
member of the jury was. quoted as
saying that in his opinion Miss
Maxwell should have been given
IS years instead of IS.
The third member Of the jury
was quoted by another affidavit
as saying it was lucky he was not
on the first jury or he would have
given her so years, as she did not
receive "half as much time as she
deserved"
Jurors Summoned
These three members Of the
Jury have been summoned by the
State to appear today and testify
they had no set opinion when
they took their oath as jurors.
Smith has called the nine men
making the affidavits. In addi-
tion to this testimony Smith has
filed a motion claiming 38 trial
errors.
Smith also presented an argu-
ment that from the evidence pre-
Sented in the case, Trigg Maxwell'S
death was due to natural causes
and not to a blow on the head, as
the State contends.
The long bill of particulars
charges misconduct on the part of
the commwealth's attorney in his
presentation of the case, citing two
remarks made by Greear in the
presence of the jury.
The charges against the mem
berS Of the jury came as a COM
plete surprise to the prosecution,
and Wears asserted the defense
should have notified the State that
it was going to follow this line
$50 we could have been prepared
to answer it"
Judge Carter said he could not
hold to this line of argument,
and the State must prepare its
answer to- the charges by this
afternoon.
Miss Maxwell appeared more
cheerful than usual today.
Smith too seemed pleased, and
stated that ne had strong
hopes" that the new trial would
be granted and with it a change
Of venue to some section State
where feeling is not so high and
she would have more chance of
securing a fair and impartial
trial.
AS the hearing opened yesterday
new figure appeared at the coun-
sci table, w. w. G. Dotson, great
uncle Of Miss Maxwell, and a for
mer CommonWealth'S attorney
here. He sat beside Miss Maxwell
at the counsel table, although he
took no active pert in the brief
hearing.
With at least sven defense af-
fiantS called for today, as well
as the three Jurors and an unde.
termined number of new witnesses
for the State, 1t appeared the case
will probably go over until to-
morrow.