New Trial Denied Accused Circus Hand.
Type of event: Legal Proceedings
Location: Minneapolis; Hennepin County; Minnesota
Citation:
Minneapolis Messenger, July 23,1921, page 2.
“New Trial Denied Accused Circus Hand”
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NEW TRIAL DENIED
ACCUSED CIRCUS
HAND
Max Mason, The Only Man Convicted
Of Alleged Assault which Caused Duluth
Lynching Refused New Trial.
Judge Admits
Evidence Doubtful
Upon Which Conviction Is Based.
ATTORNEYS WILL APPEAL CASE
Duluth, Minn., July 14.–Max Manson, circus hand of Alabama,
convicted of criminal assault on a white girl June 14, 1920, was denied a new
trial, in an order received July 8 in district court from Judge L. S. Nelson of
Slayton, Minn. A motion for a new trial was argued before him by F. L. Barnett,
colored attorney of Chicago, and opposed by County Attorney Warren E. Green, a
month ago. R. C. McCullough, Duluth attorney, said Friday an appeal would be
taken to the state supreme court. The memorandum of the judge is unusually
brief. It follows:
“As I view it, the only question in the case is
whether there is evidence sufficient to sustain a verdict of guilty. The
identification is not as clear as it might be and the condition of the
prosecuting witness, when examined by the physician the next morning was very
unusual, but there is evidence on which the jury could find that the crime was
committed and that the defendant did commit it.”
Mr. Barnett argued
that the girl did not identify Mason when he was brought before her the day
after the alleged assault, but identified him weeks later. Mr. Barnett also
argued that a physician who examined the girl the day after the alleged assault
committed by six Negroes, found no evidence of such an assault. Later it was
testified the girl and Mason were both found to be infected with a similar
disease.