Salt Lake Telegram | 1933-10-05 | Page 20 | Fan Dancer Wins New Trial Move

Fan Dancer Wins New Trial Move r t St 1 55 5 S. S 5 i y 5 JS J- J S S S k I SALLY RAND I Court Sustains Motion Setting Aside Former Order Denying Rehearing CHICAGO Oct 5 5 The The possibility that Sally Rand the fan dancer who was wa convicted of indecent exposure and sentenced to a year In jail and a fine tine may have a new trial was strengthened yesterday when Judge Joseph H. H McGarry of or the thc municipal court sustained a n motion of f. f Attorney t e Sam for the the setting aside of a n previous order which had denied the dancer a Arguments for the new trial will be heard by Judge McGarry on October 31 Miss Rand Band Isnow at liberty on ona ona ona of sentence a day GO-day stay JURORS JUROR'S AFFIDAVIT Berke argued that a jur jury which convicted Sally on all 23 of performing an indecent dance in pubic pub pub- lie He ic had not done right by Sally and andor for or proof he waved an an affidavit signed by one of or those 12 good men and true Joseph L. L Meyer Meyers 27 the holdout hold holI out whom it U took an don hour for the others to convince that he should vote her guilty In Iii his document Meyers related that hat he did not vote on the three ballots ballots bal- bal lots taken the last ast showing 11 to 1 11 for tor OTt conviction because he was suffering suf- suf feeing fering from front a headache so severe that he ic had to be given aspirin and put to tobed tobed bed in the jury room To escape the stuffy smoky atmosphere and get some fresh air he stated staled he hc finally agreed to have his name added to the guilty guilt verdict He Hc added that testimony volunteered volunteered volunteered volun volun- in incourt court by the arresting off officer Dennis Parkinson that Miss Rand had been convicted on a similar charge previously in an another anether ther court had been utilized as as a lever to gain his acquiescence although it had been ordered stricken from the toe record EXHIBITS PLEASURE Clad in a gray silk dress and gray feathered hat the fan waver had been follow following g the proceedings with evident evident evident evi evi- evi- evi dent nervousness She made no effort ef effort effort ef- ef fort to hide her glee at the turn of events expressing to interviewers inter that it means she would be bc able to leave for New York and performances perform perform- ances anceS at the Paramount theater Fri FrI- day She is due in Hollywood October 23 to start performance on a Paramount Paramount Para Para- mount film 5