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fae ~ ans “y : vrs re a a 4 | 68 Sheppard v. Maxwell No. 16071. Pay Hyde’ by Marilyn, Cousin to Testify.” The first thre , paragraphs of the news story follow: “Two days before her death, murdered Marily: Reese Sheppard told friends that her accused husband Dr. Samuel H. Sheppard, was ‘a Dr. Jekyll and Mr. . Hyde.’ “The prosecution has a ‘bombshell witness’ on tap who will testify to Dr. Sam’s display of fiery temper— countering the defense claim that the defendant is ; gentle physician with an even disposition. “One of Mrs. Sheppard’s ‘Dr. Jekyll and Mr. Hyde statements was made to Bay Village Mayor J. Spencer Houk as recently as last June, The Press learned.” (See Appendix J). s No such testimony was ever introduced at the trial. Five of the jurors had testified that they received The Cleveland Press at their homes. On November 26 defense counsel renewed his motions for change of venue and continuance and a mistrial, basing them on the Jekyll-Hyde story in The Cleveland Press, which he introduced as an exhibit (See Appendix J). _ Defense Counsel also based his motions on a Thanks giving Day edition of The Cleveland Press which contained pictures and interviews in the home of Mrs. Mancini—one of the jurors (See Appendix I). The trial judge, without reference to the Jekyll-Hyde matter, overruled the motions, noting that Mrs. Mancini had not been home at the time of the interview and picture taking. He made no inquiry of the jurors as to either matter. 3. On December 5, Walter Winchell, in a nationwide broadcast heard and seen in Cleveland through WXEL television and WJW radio, stated that a Carol Beasley, who was under arrest in New York for robbery, had stated that ~~>sshe was defendant’s mistress and had had a child by him, “.On December 6 these facts were related to the trial judge who responded: “THE COURT: Well, even, so, Mr. Corrigan, how are you ever going to prevent those things, in any event? J don’t justify them at all. I think it is out rageous, but in a sense, it is outrageous even if there were no trial here. The trial has nothing to do with rs ‘ = a , . ' i f epee yo 0. 16077 Sheppard v. Maxwell ; - 69 it in the Court’s mind, as far as its outrage is con- cerned, but—— an “MR. CORRIGAN: I don’t know what effect it had on the mind of any of these jurors, and I can’t find out unless inquiry is made. 7 “THE COURT: How would you ever, in any jury, avoid that kind of a thing?” an At defense counsel’s insistence the judge did query the jury as to whether any had heard the Walter Winchell roadcast the previous night. Two jurors responded that they had. 7 Thereupon the judge asked, “Would that have any effect on your judgment?” Each said, “No.” . The trial judge accepted this inadequate assurance.” He did not reprove the two jurors for failing to heed his “suggestion” that they not listen to TV or radio. He did not order them or the rest of the jury not to do so again. He told the jury “to pay no attention whatever to that type of scavenging.” He then proceeded with the trial. 4, On December 9, 1954, defendant took the witness stand. : During part of his direct testimony he testified to oral romises and oral abuse by various members of the Cleve-_ and Police Department Homicide Bureau who interviewed him extensively after his arrest. ; On December 11, the Cleveland News, printed a front page story under the headline “ ‘Bare-Faced Liar,’ Kerr says of Sam.” The story quoted Captain David E. Kerr, head of the Homicide Bureau, to the same effect and add- ing: “ Tf ever a person was handled with kid gloves, it . was Dr. Sam,’ said Kerr. ‘In 800 homicide cases we have not had a single voice raised against our meth- ods, until this one from the Bay Village doctor.’ ” (See Appendix K). Captain Kerr never appeared as a witness at the trial. 5. After the close of evidence and the arguments and the charge had been given, this jury was locked for its deliberations on verdict. These continued for five days and four nights. Subsequent to the rendering of the ver- 11 Cf. Coppedge v. United States, supra.