Show MI IRI tSOU IN N o H Refusal a f i l of Court o to to Let Lt L f Sfa Slayer ef to ds t to r r- Move 0 WHITE PLAINS N. N Y Sept 23 25 5 A A mistrial was alk Hiked asked d today in fn tHe the trial tria of of- ofEarl Earl P cox charged with the tha torch murder of hi his hi wile wife b because cau Jus JUI tic tico Arthur Tompkins Tompkins ns would not permit t tho thi li k hair haird d young defendant de to render the w words rd of two songs aos from the witness wi l eli tand stand A After ter on th the stand almost atmo t all aU of at yesterday climbed Into Into- the witness box again t this ls morning foe fo completion of his cross cross' cross cross- J examination by District Att Attorney rne 1 frank r jA J f Coyne PYle l A. iL Syne SY his lawyer lawer then began gan redirect ex examination cx XI on b by referring to two songs Pea x h had d testified yesterday t th that thiat t de Ife Ui separation separation U tion tion- that f preceded her herd her death admittedly admit admIt- at nt his hIs' h hands f The Thelon songs s' s were a Memory and nd Love Loie L ve Sends SendA a a Little Littie Gift of ot Ros Roses and Pea CO t testified that before beCore they sep separated rat d hi lie and c his Ills wife used to sing them together Do t J remember the Words Yards of Ui those se songs son Syme asked I I 1 do dp replied who already al alread already al- al read ready had demonstrated on on- the courtroom floor how h ho had had- felled his wife with witha a pistol and choked her until sho ho suddenly went limp and nd died ded In hl hut hit arms He apparently was vas re reidy ly to T r repeat peat poat or sing he hie words of ot Ute the songs before the crowded d roomful oS of Bp spectator If lila his counsel requested i But the request whether it wasLa was to La be for t r saying or singing was wasn n nt never r r actually e The district attorney objected and U the e judge judg upheld him bIn J Syme moved to withdraw a a. juror juror- and nd have havea a nih mistrial declared d on the tho ground that testimony had b been be n n excluded to th tho harm hahn of ot the tho defendants defendant's defend de de- de fen fend nl ht's case case Tho The motion was d denied led |