Page:The World's Most Famous Court Trial - 1925.djvu/319

Rh make a motion for a new trial, on the same grounds.

Court—Let the record show that your motions were filed and overruled.

Mr. Hays—And so instead of stating my grounds, I can file them later.

The Court—Yes, sir.

Mr. Hays—Then your honor will note my exception.

The Court—Yes, sir.

Mr. Hays—I also am advised that I should move for permission to appeal.

The Court—Yes, the record will show that you prayed for an appeal and that it was granted by the court.

Mr. Hays—Yes, sir, thank you. And that makes my record complete.

The Court—I think so—if it doesn’', if there is anything overlooked we will overlook it.

Now let me say—the court has not adjourned. Have any of you gentlemen anything to say—but you are standing up and they are taking your pictures, I imagine. Otherwise, you might sit down. (Laughter.)

Mr. Hays—I presume the filing of it in regular form could be done during the term.

The Court—We could extend the term a few days, yes, sir.

Mr. Hays—Isn't that the same time you have extended in order that we might get our records fixed.

The Court—This is a special term now.

Mr. Hays—Are we to understand that the special term for thirty days is extended?

The Court—No, you get your motion filed and the court allows you ten days to make your bill of exception. You know the law requires a motion for a new trial to be filed during the term.

Mr. Hays—Yes, sir.

The Court—And in order to meet the requirements of that statute, if the motion isn't ready we will have to extend this term a few days.

Gen. Stewart—Your honor can leave the minutes of this day open.

The Court—Yes, sir.

Gen. Stewart—And it could be entered on the minutes as of this date.

The Court—Just let the records show that they were entered as of today.

Gen. Stewart—Yes—prepare them right away, of course.

The Court—Does anyone have anything to say? Mr. Muto wants to be heard.

Mr. Tony Muto—May it please, your honor, on behalf of the ladies and gentlemen of the press that came down here to cover this trial for the various newspapers, magazines and syndicates, I wish to thank the court and all the officials, the Dayton Progressive club, for all the courtesies and kindnesses that have been shown us. (Applause.)

Special Writer from Toronto—May I have the privilege, as the only Canadian correspondent present, to express my great appreciation of the extreme courtesy which has been accorded me and my brethren of the press by the court and the citizens of Dayton. I shall take back with me a deeper appreciation of the great republic for which we have felt so kindly, and whose institutions we so magnify and admire. (Applause.)

The Court—Has any other press man anything to say? Let me hear you, Mr. Bell—did you say anything?

Mr. Bryan Bell—No, sir.

A Voice—As one of the public, who has come a number of miles to hear this trial, I desire to express my appreciation of the hospitality and reasonable expenses that have been incurred while here. (Applause.)

The Court—Anyone else? Gordon, did you have something you wished to say?

Gordon McKenzie—On behalf of Rhea county and Gen. Stewart, and on behalf of the prosecution, I desire to say to the gentlemen who have just made their statements,