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Dr Samuel Sheppard — Part 2
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: Sheppard v. Maxwell ; No. 16077
neither has counsel pointed to any insufficiency or impro-
priety in it. We indeed find no justification bor present
counsel’s assertion that the City of Cleveland had been
turned into a “jungle of wolves.” * Our own review of the" -
voir dire transcript makes it clear that the extensive ques- .
tioning of each juror by the court and counsel, and the
admonitions given them, forcefully impressed on their con-
sciences their solemn responsibility and their duty to con-
sider nothing but what properly came before them in the
courtroom. Since it is obvious that this examination of the
jurors affords no support for petitioner’s position, the only
part of the publicity question that remains in the case, as
it has been submitted to us, is whether there exists some
basis for disregarding the jurors’ unanimous sworn state-
ments of impartiality. We are offered nothing to support
a finding of mass perjury—or unwitting incompetence of
the jurors to obey their oaths—beyond the nature of the
publicity itself. The District’ Court ruled, however, that
This Court... has no compunction in finding that the
publicity was so prejudicial to petitioner that the assur-
ances of the jurors must be disregarded... .” 231 F. Supp.
59. (Emphasis supplied.) Summarizing this conclusion
in different words, the opinion further states that “the
prejudicial effect of the newspaper publicity was so mani-
fest that no jury could have been Seated at that particular
time in Cleveland which would have been fair and impartial
regardless of their assurances or the admonitions and in-
structions of the trial judge.” 231 F. Supp. 60. To evaluate
this finding we must turn to a brief summary of the pre-
trial publicity involved. We need not choose between one
m», gentle characterization of some of this publicity by the
Ohio Attorney General as “nothing more than inane and
innocuous reporting” and present counsel’s borrowed con-
demnation of the Sheppard trial as “‘a God-damned
shame.’” The District J udge’s opinion details what we
4
‘The trial judge’s awareness of the importance of the voir dire is
portrayed by the followin; dmonition, give: i -
nate jurors, wil Baan given to some prospective alter
to the particular case, and who can honestly close out the r
the world for the moment and bring a curtain down on all informe
- tion he may have about the matter from other sources, and be
guided entirely by the evidence and the instructions of the Court:
as to the law applicable to the particular case.” *
No. 16077
Sheppard v. Maxwell 11
assume he considered the worst of it. From his recital and
our own review, we attempt a general summary of its
character. It began with the report of the murder of Mrs.
Sheppard. The brutality of the murder and Dr. Sheppard's
version of its bizarre circumstances combined to make it
front page, headline news. This was as inevitable as the
immediate speculation by officials and the public as to
who had done it. Early news stories contained accounts of
police efforts to question Dr. Sheppard and noted the fact
that from the day of the murder he generally acted, and
talked to police, only with the advice and direction of two
lawyers, Arthur Petersilge and William Corrigan, the
latter a leader of the criminal bar of Cleveland. Through-
out were many human interest stories laudatory of Dr.
Sheppard’s career. His own, his brother’s and his attor-
neys’ extensive exculpatory statements were also given
front page prominence. Soon, however, and with increasing
impatience, there began to appear news items evidencing
the press’ belief that Dr. Sheppard was being unduly shel-
tered. The Cleveland Press in particular became violently
critical of what its editor considered a failure of police
authorities to press investigation of the crime. It urged
quick apprehension and “grilling” of the deceased’s hus-
band, who was at least once characterized as the “chief
suspect.” Dr. Sheppard’s refusal to take a lie detector test
was headlined, but attention was also given to his explana-
tion that he felt. that such testing could be misleading
because of his emotional condition and his doubt of the
reliability of such tests. It was intimated that Bay Village
authorities, friendly to Dr. Sheppard, were joining his
attorneys in surrounding him with undeserved protection.
Certainly little sophistication was required for a reader to
become aware that the Cleveland Press entertained strong
suspicion that Dr. Sheppard had killed his wife, although
at times the Press suggested that Sheppard should clear
suspicion from himself by submitting to adequate question-
ing. All of this was indeed stated in more violent and
colorful language than we employ in attempting to sum-
marize it. Accompanying the accounts of the progress of
the investigation were reports of Dr. Sheppard’s steadfast
denial of guilt and presumably accurate accounts of his
own early, self-exculpatory narration of the events of the
murder night. The press has always claimed the right to
prod public officials, obedient to what it considers its high
duty to protect the public weal; it frequently presses the
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