Salt Lake Telegram | 1932-09-06 | Page 13 | Appeals Holds Army Major's Trial Unfair

APPEAL HOLDS ARMY MAJORS MAJOR'S TRIAL UNFAIR Judge Prejudiced Jury With Sided One Remarks Charge m Br United d Press DENVER Sept 6 Major 6 Major Charles A. A Shepard was deprived of a fair trial on the charge of murdering his wife by the prejudicial and one sided comments of the federal district dis dis- dis judge who presided and by the refusal of the judge to permit ascertainment ascer- ascer of oC whether eight of the 12 jurors had opinions about the thc case casc his counsel charged before the United States circuit court of appeals today H. H W. W Colmery of Topeka Kan special appeal counsel catalogued Cor forthe or the appeals court allegedly remarks of the judge He charged that when the judge in his instructions asked the jury Did Major Maor Ma Ma- jor or Shepard administer the mercury from rom which his wife Zenana died the he judge thereby put the burden of proof on the defendant who instead should hould have been clothed with a pre pro of innocence The judge placed himself in the position of advocate for the lon tion tion in the role of thirteenth juror Colmery asserted Colmery stressed defense testimony at t the army majors major's trial that Mrs Shepard could have absorbed the mercury mer mer- cury ury found in her viscera from medicines medi medi- cInes ines administered to her for a stemon stem stem- ach on ailment in precisely th the quantity and nd quality in which it was found Colmery vigorously assailed trial testimony of Clara Brown Mrs Shepards Shepards Shep Shep- ards ard's nurse to the effect that Mrs Shepard once said Dr Shepard poi- poi me The Thc proper found foundation tion vas was not laid for such testimony he urged and stressed that it had been brought out in rebuttal and not as ns a apart apart apart part o of the governments government's main case Colmery had only half finished the defenses defense's argument on the majors major's appeal from a life sentence and Dis Dis- Attorney S S. M. M Brewster had just started for th the government when luncheon recess was taken