Detroit evening times. (Detroit, Mich) 1921-1958, 1941-04-27

ANohthhutu iiOhf ~ o'"l
in protection" money to accom-
plish this purpose.
The juror excused was Richard
Fritz, 1885 Van Born road. Dear
born township. a seat cover filter.
Judge Pugsley warned Fritz not
to discuss with any person any
opinions he may have formed.
Jurors Eat and Return
The other jurors were sent into
the jury room to deliberate until
6 o'clock, when they were taken
TO dinner. After dinner they re-
turned and continued their
deliberations.
Judge Pugsley instructed them
not to continue their deliberations
over Sunday and not to discuss
the case among themselves. He
even told them not to converse
with one another unless in groups
of three or more.
Two men deputies and woman
deputy were sworn in 10 guard the
jurors during their deliberations.
The jury will remain locked up
until a verdict is reached.
The jurors who are weighing
the evidence are:
Mrs. Nora Potestivo, 1922
Noble avenue, housewife; Leroy
Dawkins, 1871 MacDougall ave-
nue.. paint <sprayer; Allen Smith.
20717 Rdgemont road, Gratiot
Township, m a ch inc operator;
James Klassen, 1891 Seminole.
factory worker.
Thomas Holmes. 1405 Beck
road. Worthwhile, salesman; Mrs.
Alma Mulligan. 4lS6 Mcclellan
etpehtle,- -salesladNii
Miss Tillie YanuSka. 314 South
Luther avenue. clerk: Lydia M.
FingerloS, 2530 Second boulevard,
comptometer operator; Mrs. Ann
Shocks, 1909 Hull avenue, seam
stress; Mrs. Bernice Cheyne, $500
Tuxedo avenue, housewife; Frank
B. Knight. Worthwhile. a sales
man; Mrs. Ann I. Kelley, II Far
rand avenue, Highland Park, a
housewife.
After the Jurors filed from the
courtroom Fritz asked Judge
Pugsley if he could give juror
Holmes their Joint note book.
When the judge asked for an
explanation Fritz said that at the
conclusion of each days testimony
he and Holmes compared notes
and then jointly wrote up a memo
ranGa in a notebook so that when
the time came for them to DELHI
crate on verdict they would be
thoroughly conversant with the
facts.
Judge PugSley. however. de-
clined to allow Fritz to send the
book to Holmes.
After explaining the full mean
ing of the charges against the de-
PENDANTS and of the prosecution
evidence, the judge read the laws
applicable TO the case and de-
fined conspiracy as an unlawful
confederacy to do any unlawful
act or a lawful act by unlawful
means"
He pointed out "the offense is
complete when the confederacy is
made. regardless of whether I'M
lawful acts are ever performed.
Failure Not Enough
He pointed out:
II charge you that none Of
these defendants can he con-
victed solely and merely because
they or any of them neglected
or failed to do their official
duty"
The charge in this case. he re-
iterated. is conspiracy and it is
punishable by not more than five
years in prison or $1,000 fine or
both. He concluded the long
charge with:
1.-THE verdicts that you render
In this case are sacred and i'm
portant. They are sacred to the
principles of truth and TO the,
fundamental cause of Justice"
The charge was preceded by
our-and-one-half-hour closing ar
gument delivered by Special
Prosecutor Chester p. O'Hara,
striding before the jury and occa-
sionally raising his voice as he
emphasized points.
Referring 10 McCrea'S standing
on his constitutional rights for
fear of being incriminated in ap-
pearing before the grand jury
O'Hara said:
eff he were an honest and
clean man who had taken no
money, why would he he afraid
of discriminating himself? Why
wouldn't he say, Judge Fergu-
son, I'll tell you all 1 know. Ask
me anything. / have nothing TO
hide
Trial Of the case started Janu-
airy when selection of a jury
began.
= VA