UNWRITTEN LAW

New Zealand Herald, Volume LXXIV, Issue 22909, 11 December 1937, Page 2 (Supplement)

UNWRITTEN LAW

KENTUCKIANS SET FREE KILLED. JO AVENGE SISTER OLD CODE OF HONOUR UPHELD At Shelbyville, Kentucky, two of three brothers accused of shooting a man on the eve of his trial for the murder of their sister, were acquitted. Tho Court was crowded with "all the best people" for the trial of the two brothers, Jack Garr, and Dr. Roy Garr. both hard-riding "Kentucky Colonels,' and well known throughout the State. They were charged with the murder of Brigadier-General Henry Denhardt, formerly United States Adjutant-Gen-eral, and later Lieutenant-Governor of Kentucky, who was shot in tho street on the eve of his second trial for the murder of Mrs. Verna Garr Taylor, an attractive widow, and sister of the Garr brothers. Mrs. Taylor and Denhardt were supposed to be engaged. Mrs. Taylor was found beside her car, shot dend, after sho and tho general had been for a moonlight drive. Tho general's explanation, at .his first trial, was that he left her in the car, which had broken down, while ho went for help, and returning, found her dead. " Shot a Mad Dog " The State demanded the death penalty on the two brothers. Public opinion, however, ran high in their favour. They were considered to have acted in accordance with the oldfashioned code of Kentucky honour in avenging their sister. "Garr shot a mad dog. I say he had a to. It is not a shame for Kentuckians to bo quick on the draw. It is sometimes an honour. This was the final plea bv counsel for the defence concerning l)r. Roy Garr. It was accepted by tho jury, who previously had acquitted Jack Garr. At this a spectator interrupted with a wild cry of "Yipee!" Ho was detained, and two pints of whisky were found in his pocket. Immediately after he was released, Dr. Garr jubilantly prepared to go homo to join his brother Jack in the family Celebration. Tho trial of the third of the brothers, who is also alleged to have been concerned in tho general's shooting, stands adjourned until February. J The trial of Roy and Jack seemed to bo merely a pleasant social formality. A happy air of informality pervaded the court-room throughout the proceedings. During the selection of the jury, the brothers strolled casually in anil out of tho court-room. Jack smoked a cigarette until he was gently admonished by an usher, who said: "No smoking, please, sir." Roars of Laughter

The absence of tho third brother, a veterinary surgeon, Dr. E. S. Garr, was explained on the grounds of illhealth. Judge Marshall thereupon exEressed indignation that no warrant ad been served upon him. "An order was drawn up," he declared, "and I want to know who drew it up." Tho lawyers in Court grinned shyly at each other. One, Coleman Wright, stood up and remarked, "You did, Your Honor, and forgot to have it served." The remark was greeted with roars of laughter at the Judge's expense. Ho replied, amid further laughter, "Bless my soul, so I did. That sure is one on me."