Page:The World's Most Famous Court Trial - 1925.djvu/102

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TENNESSEE EVOLUTION TRIAL

ascertained that the brief bulletin to the effect that the decision would uphold the indictment was based upon information which the sender of the bulletin believed to be correct and truthful; that the sender did not obtain this information from your honor's stenographer, nor in any improper or unethical manner; that no good ground exists for further investigation and the committee recommends that the sender of the bulletin be not disturbed in his relations with the court. Signed: Richard J. Beamish, chairman; Earl L. Shaub, Forrest Davis, and Tony Muto. One member of the committee, Mr. Phillip Kingsley, desired to have another meeting, and asked that his name be not included. The other members signed, and joined with the chairman in submitting this report. If the court desires any further information, or any additional details, we will be glad to submit them.

Court—I think the court is entitled to know how this information was had, if you can furnish me that information.

Information Came from Court

Mr. Beamish—Upon investigation, we find that the information came from the court.

The Court—Well—

Mr. Beamish—The circumstances are that the young man who sent the message met the judge upon his way to the hotel. The judge, I am informed, had a bundle of papers under his arm. The young man asked him if that was his decision. The court replied. No, that the decision was being copied by a stenographer. The next question was, will you read that decision this afternoon? The reply was, that is my intention. The next question was, will you adjourn until tomorrow? To which the reply was, yes, I think so. The inference was that if the motion to quash the indictment was refused, there would be an adjournment. If the motion to quash was affirmed the trial would be ended. It was pure deduction. The young man then sent the message.

The Court—Who is he?

Mr. Beamish—Mr. Hutchinson.

Court—Come around, Mr. Hutchinson.

Hutchinson Before the Bar

(Mr. Hutchinson comes before the bar.)

Court—I have endeavored since this trial began to be extremely courteous, and do anything I could do for you gentlemen. I do not believe any pressman has a right to ask the court a question except for direct information which the question indicates that he wants. I do not think you had any right to inquire if the court would adjourn until tomorrow.

The Court—Young man, do you want to make any statement at all?

Mr. Hutchinson—I would he very glad to talk to the judge in chambers; I don't think I ought to do so here.

Mr. Beamish—I would ask that any other question be taken up in chambers.

The Court—Anything that I have said, that goes into the press—I have had an honest purpose in making this inquiry; it is no reflection upon you and the court does not mean to reflect upon you at all.

Mr. Beemish—I will say, your honor, for the purpose of the record, that Mr. Hutchinson is an upright, conscientious and thoroughly honest newspaper man and has the approval of the entire corps of journalists.

The Court—He comes to me from Senator Keller, of this state, recommending him very highly. I am sure he had no sinister motive.

Mr. Beemish—I think he had not.

The Court—I want to be fair to all the press and to put you all on the same basis; I think it is proper for me to suggest that you be as courteous to me as I try to be to you.

Mr. Beemish—We want to, your honor.

The Court—And if you want information ask me directly and I will give you a direct answer; if I want