The Waterbury Democrat., 1944-04-04
Chaplin Case
Goes Jury
CONTINUED from Page y

NNOuLlLuGQ IIUI1 EAHS ~
purpose" O'Connor instructed the
jury, land would apply even II the
woman transported were a con-
firmed prostitute.
Whether she was previously
moral or immoral Is outside the is
sues Of the case. Under the charge,
it is immaterial whether the girl
made the alleged trip willingly. Her
approval or acquiescence Is not an
ISSUE"
O'Connor was precise in his def
milton of circumstantial evidence.
an order to justify a jury in find
ing verdict Of guilty based entire
ly on circumstantial evidence, the
circumstances must not only be con-
sistent with the guilt Of the defend
ant, but there must be inconsistent
with any other reasonable hypothe-
sis that can be predicated on the
evidence. In order to warrant a
conviction Of crime on circumstar-
tial evidence, each fact necessary
to the conclusion sought must be
established by competent evidence
beyond a reasonable doubt. Unless
the evidence does so. it will be your
duty to acquit the defendant"
Deportation Possible
If Chaplin is found guilty, de-
portation as an undesirable alien
would almost certainly follow what
ever penalty the court imposed.
Should. the jury Of five housewives,
two spinsters and five elderly men
find him guiltless of the charges
brought by Joan Barry, he was exc
pected to exile himself, anyway. His
friends reported he probably would
move to q ranch he purchased re-
Gently in Mexico.
Chaplin brought up the subject
of his political views in a converse
ton with reporters.
II know now that I put my foot
in it when I gave that speech Gin
New York during the interlude two
years ago with Miss Barry for a
second 'front.'" he said. II am VIC
tim Of war hysteria. The public
wants q victim.
'They are prosecuting me on the
Mann Act for the same reason they
went after gangsters on income tax
charges. Gangsters had become un-
popular and the government
couldn't get them on anything but
income tax.
IT am In the same boat. I am
being tried for that second front
speech"
His agents in Mexico were re-
ported to have purchased a tract
of about one and a half square miles
near Cuatla in the state Of MoreloS,
site of a sulphur springs resort
about As miles southwest of Mex
leo City. The newspaper Universal
said it understood Chaplin not only
intended to erect home there, but
also to build motion picture
studio.
Such plans were dependent not
only upon the decision of this jury.
but upon what two more juries yet
to be selected May 10. One will
hear charges by Miss Barry that
Chaplin conspired to deprive her
of her civil liberties. The other,
unless blocked by the state supreme
court, will consider her suit charg-
ing him with being the father of
her infant daughter.
Chaplin assumed an attitude Of
prayer yesterday when his attorney,
Jerry Giesler, and the federal prose-
cutor, Charles H. Carr, were slug
ging 1t out with words In five
hour oratorical marathon.
Giesler insisted that his white
haired client was a kindly man,
doing Miss Barry a favor by pur-
chasing her a ticket to New York
two years ago so she could be with
her beau. Giesler said further than
Chaplin gave her $500 in New York
because she said she was destitute.
Carr countered with the assertion
that Miss Barry was Chaplin'S mis-
tress and that he wanted her on
call at all times and at all places.
The prosecutor also went into de-
tail concerning Chaplins assertion
that sex no longer was important
to him and thereby made the come
dian blush for the first time since
the trial opened March 81.
Said Carr:
1.-THE fires Of yesterday may burn
perhaps not so brightly as they
once did, but they still burn.
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