Show 4 00 00 00 00 00 00 00 00 00 oo 00 00 00 00 Denis Denies Mis O 37 in 0 DOHa e 1 oCas j Case I 6 91 I STATE JAn tD LOSES S rN IN TO GEL H HARIN ove ove For New Trial Made When hen the Prosecution I Br Brings Its Case C 3 to Close W U UROR OR SLEPT CLAIM 1 Affidavits Declare Others Were Seen Talking to Citizens About the Case J COURT HOUSE HOUSE SomervIlle Somerville N N. N S Dec 1 AP AP Justice Charles Charle Parker presiding this afternoon filled a motion b by the Ute state for forI l I mistrial mistrial in n the Mills Hall case Judge Parker made n no no- comment yond ond saying that he had lid studied affidavits and that he had deed deed de- de Bed ed to deny the notion motion for a mis- mis fal al aI Neither state nor defense insel commented The jury jUr which had been taken torn om the court room was brought ck ck and preparations were begun the defenses defense's summation Phe be motion of the prosecution is based oil submitted Is r morning in tn which h allegations made cere-made or made that members of ot the thery ry had slept in the court room ring the hearing of ot testimony and andfrid frid 6 indicated prejudice against the fate and Its Us representatives cs m rn dis- dis outside s outside the court after court convened i said that h he lc lad had a nio on make makl and nd asked t the jury be he lun from Irom th the courtroom Robert T. T McCarter cCarter of ot defense defens counsel aId s-ald aIdI I t 11 t. t since the motion the thet theto I t was to majce mald would refer icier I the Jury It should hould be b present Judge Judg Charles W.-J W. preside t eg ig g at the trial directed however that hat the jury jun jury bE betaken beaken aken from the oom toom while hU counsel J argued the mo- mo ion on i j v I CHARGES CHARGES Simpson groupe grouped his a I inder three heads That members of f the Jury had leen ceo cen asleep that they th had been heen m- m guarded one ne' ne member hayng hay hav- ng ng been observed In consultation members of th the d defense an and andic anda ic a manifest hostility of some mem- mem rs of oC the jury to him ani to the tates tate's case It was in a charged atmosphere at he began his discussion lon of his hs Affidavits Who Vho Tho Is this p person son who makes c lie he first affidavit lt ked asked RobEl t of defense counsel I i 1 object to to your our extreme rude rude- Jess In this matt matter r. r replied Simp- Simp Jon on know all ali about It In lue ue time r r With that Justice Parker larker rapped t r l' order and Simpson went vent on to tote ite te that the first affidavit was Jade ade by y Ralph Palph CrImm who state J pat nat at he had been in the courtroom I ery day and that he lie had seen seenI I or 01 No o. o 2 2 John W. W T. Young ToUng farmer I Middle bush nodding and ily Jy asleep asleen 11 The he next next affidavits were by tank fank ank Barnhart and hI his wife Elise Ellse l- l js rs s. s Barnhart is a Sister of Mrs w Is 1 a hey alleged that another juror been seen conversing with Mc- Mc If fter tel and Mr Studer of oC defense insel This Incident was believe belie i refer to a day earlier in Ute the trial ien n a brother of oC Juror Tiliman d died and he went to McCarter 1 V Continued on page 6 All CASE MISTRIAl MOTION Df DENIED BY J JUDGE D Continued from pare pase a 9 1 to o ask where he could find tind the time judge McCarter In Sn explanation at that tIme Ime said that lie he expressed his sympathy and got away from the juror uror at once CALLED HIM LIAR SAYS The Tho next af affidavit was c concerned with a letter which Simpson said allt saidie he ie h had d received In one of the he jurors was quoted as cursing hIm ilm and calling him an unspeakable name and a liar One of the affidavits was by Charlotte Mills daughter of ot Mrs Irs Mills lIlls who said she had seen juror No 5 6 talking with McCarter This was vas the Incident which was also set et forth in the Barnhart affidavit A newspaper man in another af- af said he had seen one cf the he Jurors dozing during the testimony testimony mon mony of Mrs Jane Gibson states star witness Still Stilt another affidavit by y a newspaper man said JUrors No 2 and 2 and No 5 were seen nodding at another time Juror No Ko 5 was named lamed in another affidavit as hayIng hav- hav Ing ng been seen asleep juror No 2 It t was stated in another affidavit was was was' as nodding and a ab- ab patently paying no attention to the testimony One newspaper mans man's affidavit stated that during the testimony of Willie Stevens juror No 2 was heard leard to make malce a remark showing impatience while Simpson was examining cross-examining the witness about the he time he said he left his home he morning morning- after the slaying Two affidavits set forth orth forth that the jurors had been heard discussing the he case In the restaurant where they hey have dined since he trial began bep be be- S SA p gan A resident of Somerville stated Inan In Inari ari an affidavit th that t he had seen STillman sTillman sTill sTill- man juror No 6 5 stop as he was walking along the street and talk wIth another citizen of Somerville It was stated In the affidavit that during the conversation n the bailiff accompanying Tillman stood ten feet away j if 4 S DetectIves were Detectives were sent out to bring In n witnesses The defendants showed little apparent concern over f the proceedings Simpson stood with his back to defense cou cour coui uh uJ i gazing across the courthouse lawn while awaiting R the trial Then he asked to be excused and left tie the room Defense attorneys conferred while McCarter began turning over law books The motion by the state for tor a a be believed believed believed be be- mistrial in a homicide case was almost without precedent in inthis inthis inthis this state After listening to all the affidavits affidavits Judge Parker said he would take under advisement the time motion for a mistrial The jury was sas brought back into the courtroom Simpson suggested that the defense de defense fe- fe might wish to be heard before the jury was recalled but Justice P Parker said If It the court thinks anything should d be done doria abo about t this matter the defense will be given an opportunity unity to be heard I |