Show I WELLING CASE SET FOR THIRD TRIAL FEB 24 Efforts of Defense to Delay Case Fail of Success The third trial of Secretary of State Milton H. H Welling on felony charges Saturday was set for February 24 in Third I district court when defense i efforts failed to delay the proceedings proceedings pro pro- pro pro-I until the new term opening April 1 The case will be assigned that day daj b by Presiding Judge Roger I I. I McDonough who sat in the first two Welling Velling trials Judge McDonough McDonough McDonough McDon McDon- ough ma may assign it to himself or another another another an an- other judge and the trial is expected expect expect- ed to begin the same day Verbal exchanges between counsel counsel coun coun- sd sel and a L promise b by the state to have lave the tho court informed of a story of an asserted jury jur investigation marked calling up the case before Judge McDonough For many reasons some of them personal this case should not be jailed called up until the end of the present present present pres pres- ent term Burton W. W Musser c co- co l- l counsel for Mr Welling Velling told Judge McDonough We Vc had a lot of ot trouble with the thelast thelast last ast jury The trial has been investigated investigated in investigated in- in and talked about If It the case is tried this term the de defendant defendant defendant de- de will have to ask a special venire and bear Its expense or waive a jury trial I will not be forced into the position of doing ei either ther I Panel Divided Di Judge McDonough informed Mr Musser the present panel had been divided in half halt and that one half one with exceptions of one or two IndivIduals in individuals In- In had not been in court since preliminary examinations The grounds for delay are of small importance the judge said I Continued on Page Two Column One Que WELLING CASE TRIAL IS SET Continued from Page One On Of small importance except this cach each of or these Jurors has been InV in In- V by a detective for tor the district attorney Mr Musser re re- re plied piled It has ba tended to prejudice tho Jurors They did not know I If I or who It was was Investigated investigate The whole atmosphere o of tho Jury Is charged and sur cur charged let District Attorney Calvin W W. Rawlings then accused Mr Musser of ot loose talk I II happened to see in Sn your Mr Mussers Musser's possession when the venire ventre ve ye- nire niro was vas examined a n list indicating you the Jury as closely close close- ly Jy as we did the prosecutor said Dont Don't charge me with loose talk the tho defense attorney shot back The argument then swung around round to wh whether ther tho the Jury Investigation was proper d Would Ask Discharge It If the investigation went into the home of ot any juror or his neighbor neigh neigh- b bor r I shall ask that the Juror be discharged Mr Rawlings said The he district attorney then told I the die court he would submit to calling at new panel but Judge McDonough McDonough McDon- McDon ough said the panel called for February Feb Feb- r atY 24 would be as ns good as any I 4 rr r Musser said he was vas az quite certain ho he would not be forced to toi i submit the defendant to trial before be be- I fore ore this jury as investigated and that he did not want to waive a aj j Jury y ry trial at this time or incur the expense of a a. special venire fr Rawlings reiterated his asa as- as a the jury investigation was proper and Mr Musser asked If It the thea a state te would s submit to the tho court courte le e list of jurors Investigated T T I shall be happy to submit the J list t if It you do not want to submit yours answered Mr Rawlings I Ishall Ishall Ishall shall have Mr Kinney Lote Lore B. B Kinney Kinney Kin Kin- ney investigator for the district attorneys attorney's office come and be questioned ques by the court Fundamentally Wrong At one point in the arguments Judge McDonough remarked jury Investigations were fundamentally wrong Because a citizen is called for Jury duty Is no reason to Investigate his bis is private life Ufe at the time he is summoned the judge said The Thc proceedings ended when judge McDo McDonough ough said i. i The case has been at Issue since Na May There is reason to expedite setting stUng I shall set It for February February ary b. b 2 24 The The Tho second trial of ot Mr Welling on on charges of ot pr presenting a fa false le lei i salary lary claim to the state board of or examiners In 1931 was concluded February 7 Last Saturday the jury was discharged when it reported report report- ed td d a hopeless deadlock to Judge McDonough The second trial came as a result Judge McDonough granting the a new triaL The first ended In a conviction After Saturdays Saturday's court session Mr Yr Rawlings said he desired to try the case before a jury 1 Thirteen out of ot 16 Jurors who have heard evidence in the two trials have expressed doubt as to the defendants defendant's innocence he Ie said My duty seems to be clear to reU retry Mr Welling before a jury |