Evening star., 1937-10-22
JACK CARR FREED
IN Staying TRIAL
Charge Dismissed Against
Youngest of Brothers
in Denhardt Case.
By the Associated Press.

B5 tie Associated PreSS.
SHELBYVILLE, KY, October o.
The murder charge against Jack Carr
was dismissed today, but the fate Of
his brother Roy, who admitted shoot
ing Brig. Gen. Henry H. Denhardt,
was left to the jury.
Circuit Judge Charles c. Marshall
sustained a defense motion to free
Jack, the youngest of the three
brothers charged with shooting the
World War veteran accused of Staying
their sister.
Before announcing his decision to
the jury Judge Marshall warned spec
tators against any demonstration. His
announcement was heard quietly.
DR.. E. S. Carr, the third brother,
was not called to trial at this time
and his counsel reported the veteri-
marian, who suffered shell shock DUR
ing the World War, was in a private
sanitarium.
The defense today offered additional
testimony designed to show that Roy
Carr was emotionally insane when
he shot Denhardt here the night of
last September 20. DR.. Carr ad-
mitted firing twice but declared he
did not hit any one and Jacks state
ment that he was not even armed was
not contested by the prosecution.
Described as Violent.
Additional testimony that the 61-
year-old ex-Lieutenant Governor and
ex-adjutant general was of violent"
nature also was given. Lieut.. ]. C.
Wyatt of the Kentucky State police
and Louis Hall. Louisville police de-
tective, gave this as their opinion.
The Commonwealth announced 1t
would not offer rebuttal in the case.
Dr. E. B. Smith and DR.. w. H. Nash,
both of Shelbyville. today concurred in
the "emotionally insane" opinion ex-
pressed yesterday by three other
physicians.
Reflection on Character.
One of the reasons advanced by the
defense for claiming temporary in
sanity for Roy was that he had heard
that at his second trial on charges of
numbering their sister Denhardt's
counsel would introduce evidence
casting reflection upon the virtue and
chastity" of the woman.
State Attorney General Hubert S.
Meredith, who has been under care of
physician since the start of the trial
which he is prosecuting, said today he
felt worse and had had to call a ply
sician this morning.
The two daughters of Mrs. Verna
Carr Taylor, Mrs. Mary Pryor Brown
and Miss Frances Taylor. sat with
their uncles, Roy and Jack Carr, again
today.
The insanity testimony first was pre-
sented late yesterday in a long hypo-
thetical question asked Of DR.. Milton
Board. DR.. Leon P. Solomon and DR..
John r. Peters. all of Louisville.
Became Normal Again.
DR.. Solomon and DR.. Peters con-
Cured after Dr. Board declared Roy
Carr, who admitted shooting Den
hardt ito protect my life" had been
emotionally insane, but had becom
normal again Immediately after "the
mental explosion occasioned by seeing
the general"
Denhardt was tried last Spring for
the Staying of Mrs. Verna Carr Tay-
lor, sister of the Carr brothers, but
the jury failed to agree He con-
tended she committed suicide because
her family objected to her marrying
him.
Denhardt was shot to death here
September 20. His second trial was
TO open the following day. Jack Carr.
the other brother on trial, was not
armed when the Garrs and Denhardt
met. The third brother indicted for
the Staying, DR.. E. S. Carr, is in a
sanitarium.
Three former military associates of
Gen. Denhardt testified for the Cars
defense.