◆ SpookStack

I, ' ARR HS fees ara ‘ “Ladies and gentlemen of the j , jury, now that you ave been sworn as Jurors for the trial of this case and you are about to leave this courtroom, the Court ' what the law prescribes, and I will State it again j order that there be no misunderstanding whatever _ either in your jury room or elseWhere, ‘It is- the duty of a person who has been Selected “Will you be good enough to ob . during the progress of the trial? And 1 that caution somebody preserve those thin i 2 gs for you unt future day when you will have lots of time to tee ™,. “Now, without an formalit; i ~~ Ourned until 9:15 tomorros morning? wall be ad- (It should be noted that the i j 2 ; portion of t iti nich dealt with talking about the case, or allow anyon alk to them, was phrased in direct and commanding oye ge. seb deat BAe Bee eR ee ATUTM NAGE yah cle at Sheppard v. Maxwell No. 16077 No. 16077 _ Sheppard v. Maxwell —_ 61 language. That portion of the admonition pertaining to news media employed the words “I would suggest to you.” Subsequent to October 28 a form of this “admonition” was given just four additional times up to the charge of the Court on December 17. On three of those occasions the word “suggest” was employed. Finally on December 3, the trial judge employed the somewhat more direct lan- guage, “Please do not read newspapers,” ete.) Thus by the 28th of October, basic judicial rulings on four of the major measures available to the trial judge to protect due process had been made. : On November 2, 1954, the trial was adjourned for elec- s tion day. The trial judge was re-elected overwhelmingly. On November 3 the jury as finally constituted was sworn in. The subsequent events of that day were recorded in the following colloquy on the morning of November 4: “MR. CORRIGAN: If the Court please, I desire to renew my motion for a continuance of this case, for a change of venue, for the withdrawal of a juror and for a mistrial. “(To the reporter): Would you read what I dic- tated yesterday? “(Thereupon the following was read by the re- porter, being taken at 11:00 o’clock a.m., Wednesday, November 8, 1954: ‘After the jury was discharged at the end of the morning session, at the request of the newspapers, the jury was brought back into the room and sat in the room for a matter of—how long, 15 minutes, 10 minutes? ; ‘Mr. Clifford: 10 minutes, yes. ‘Mr. Corrigan: (Continuing) And were subjected to photography, photographing and television cam- eras by at least 10 cameramen who mounted them- selves on chairs, the judge’s bench and various parts of the room. This was all done out of the presence of defendant, Sam Sheppard.’) “MR. CORRIGAN: I also want to introduce, as part of my motion, Defendant’s Exhibits 63, 64 and 65 ; “ (Defendant's Exhibits 63, 64 and 65 were marked for identification. ) : af rf 7 i] ta a