Page:The World's Most Famous Court Trial - 1925.djvu/98

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94
TENNESSEE EVOLUTION TRIAL

cured said information I shall deal with them as the law directs. Now on account of this improper conduct, apparently at least improper conduct, of some person or persons, the court has decided to withhold his decision until tomorrow morning and tomorrow morning, after the opening of the court, the decision will be read. Now I want, when the crowd is gone from the court room—I want all the members of the press to meet me in this court room. I want to talk with them about this matter. If I find that some representative here has used in stratagem or used any corrupt means or has in any manner secured my opinion, or as to the result of it, and sent it out, I shall promptly deal with him and of course excuse him from any further presence in this court room, so when the crowd is gone I desire that the newspaper men stay with me.

Mr. Stewart—Does Your Honor want the attorneys on either side?

The Court—Yes, sir, the attorneys on both sides.

Mr. Malone—Would it not be possible for us to dispose of the motion or the business which has accumulated quite naturally, because witnesses are on their way here and some are here and we would like to get along with the greatest possible expedition? We regret sincerely that this difficuty has arisen to disturb the court.

The Court—Col. Malone, we cannot go any further until I decide these questions that are before me and I think I have announced satisfactory reasons for not doing so this afternoon. I regret myself very much to have this delay. Of course I don't mind so much personally, because I am absolutely exhausted in the preparation of this opinion.

Mr. Neal—Could you go into the question of the competency of the witnesses?

The Court—No, sir, not until the proof is offered. Court will adjourn until 9 o'clock in the morning.

Whereupon an adjournment was taken until 9:00 a. m., July 15, 1925.

Judge Meets with Newspapermen

The Court—I have information gentlemen, that the newspapers are being sold in the eastern cities now, which undertake to state what my action was on the motion that is pending before me.

Richard J. Beemish—Was that a deduction?

The Court—I understand it purports to be information. Did you see the wire, Mr. Stewart?

Mr. Stewart—I saw the wire, Mr. Bell, who had that?

The Court—Let's see that.

Mr. Stewart—Mr. Losh, just read it to him.

At this point Mr. William J. Losh handed the message to the court.

A Voice—Your Honor—

The Court—Let me hear this telegram.

Mr. Beemish—Won't we be allowed, won't it be read out, please, so that we can all hear it?

The Court—St. Louis Star out final, carrying story law been held constitutional by judge.

Appoints Committee to Investigate

Now if this is a deduction, gentlemen, of course, they have a right to guess, so I think it is proper that I appoint a committee of pressmen to ascertain what these papers are carrying and ascertain if they are carrying this as a true story.

Mr. Beemish—That would be very fair.

The Court—I will appoint on this committee, on my own motion, because this matter is more important to me than to anyone else, Mr. Earl Shaub, Richard Beemish, Bert Kinser, Forrest Davis and Tony Muto. I wish you gentlemen would be prepared to report to me as soon as you can. I will hear you at any time. You may be excused.