The Daily Alaska empire., 1946-03-29
NEEKS E D[HIED NEW TRIAL 10 BE
 SENTENCED APR. !


 George H. Meeks, convicted of the murder of Clarence Campbei. was refu-ed new trial this morn- ing when his case was brought again before Judge J. w. Kehoe in the Federal Court. Sentencing was set for next Tuesday at 10 am.
 Defense counsel, William Paul Jr, asked for a new trial or ac- ouittal on the grounds that the yer dict was contrary both to the law and to the evidence adduced at the trial" Both motions were refused by the court.
 Although Paul brought before the court lengthy compilation of "ir- regularities and errors" which he alleged occurred in the jury trial, Judge Kehoe denied legal found- tion for such grounds.
 Charging abusive discretion by the trial judge" Paul's new trial petition pointed to the fining and subseauent removal of J. J O'Leary, counsel for the defendant, for con- tempt of court as an irregularity.
 Tn referring to this, as he hand ed down his denial opinion, Judge Kehoe said that at no time had Meeks been without adequate coun- sel since Attorney Paul had been consistently present and had given l the defendant sufficient defense protection.
 Government Attorney Patrick J. Gilmore answered each of the charges made in Pauls petition for new trial with legal citations and explanation of why he did not con- sider the ground sufficient reason for such a trial.
 Lists Alleged Errors ! Among numerous alleged errors committed by the trial judge" Paul listed the fact that the blood stains found on Meeks' clothing were testified to be human blood, put mo testimony was offered to show whether or not this blood was that of the defendant or that of the murdered man.
 Paul held that evidence adduced at Meeks' trial had been insuffi- cient to justify the guilty verdict, and the verdict was therefore against the law, contrary to the weight of evidence, and not sup ported by substantial evidence.
 He said the defendant was sub- stantially prejudiced and denied a fair trial by reason of the follow ing circumstances: that Special Agent William E. Didelius of the FBI testified that the defendant had freely and willingly submitted to a blood test, and that said blood test with defendants coat and pants and fifteen S100 bills had all been transmitted to the FBI laboratories in Washington, D. C., and that laboratory tests were ex- ecuted by the government and a report made, but the court refus- ed to permit these reports to be introduced into evidence.
 The defense attorneys final charge was that Gilmore had been permitted by the court, over the defendants objection, to examine witness Ray Traitor in "a hostile and abusive manner to the pre- judice of the defendant"
 Attorney Gilmore said that in the case of Paul's contention of in adequate testimony concerning the blood stains, it was scientific fact that blood stains could not be matched with a specific humans blood.
 Tn some cases when there is an adequate amount of blood retained from the stain," he said, "the sub stance may be typed as to gener- al category, but never matched ex- actly, and with no doubt involved, to a person.
 Following the Meeks' hearing a divorce decree was granted by Judge Kehoe in the case of Fay Geneva Durkee ys. Vincent Harry Durkee.