They Ask Its Recall
THEY ASK ITS RECALL
THE LATEST MOVE IN THE BENNETT CASE.
The Defense Finds Fault With a Lawyers Plea in Absence of Judge and Stenographer.
John P. Kirk, one of the attorneys in the Jerome Schermerhorn appeal in the Maryette Bennett estate, has filed a motion asking the circuit court to recall and revoke the judgment entered by the jury in said matter for the reason that during the absence of the judge and stenographer, Michael J. Lehman, one of the attorneys was making his argument to which exceptions were taken by Judge Babbitt and no court was present to determine the materiality of the exceptions and no record of the exceptions was made by the stenographer. Affidavits of the truth of this statement are made by Judge Babbitt and Hon. E. P. Allen. Judge Babbitt in his affidavit says that Mr. Lehman in his closing argument made "the statement that the proponent was poor and had nothing at all with which to pay for preparing for trial, that the expenses for such preparation were heavy and that proponents lawyers had been to all the expense in such preparation, besides taking up a great deal of their time; that at the time of taking such exceptions the Honorable Edward D. Kinne, the circuit judge, who sat in the trial of said matter, was not present in court ; that deponent's exceptions so made went unheeded by said Lehman ; that much more was said by said Lehman in the course of his said argument which conveyed to the jury the fact that unless their verdict should sustain the will, counsel would be heavy losers, that said Lehman is a German and that several of the jury men were Germans and acquaintances of said Lehman.
Hon. E. P. Allens' affidavit is along the same lines and to the same effect.
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Ann Arbor Argus-Democrat