a mistrial was declared at 9:15 last night when the jury failed to agree in the case against Miss Annie Mary Timmons in Richland county general session court.
An indictment against Miss Timmons, charging “housebreaking with intent to commit crime.” was prepared by Solicitor T Pou Taylor.
Capt. E. L. Faust, who rented the apartment, at 208 Sims avenue, which Miss Timmons allegedly entered, was the first witness. He testified that he rented the apartment, which is composed of bedroom. living room, kitchen and bath, from Miss Timmons for $28.50.
After he had paid rent for two weeks, an OPA representative came to see him and advised him that ceiling price on such an apartment was $55 per month, in contrast to the $114 charged by the defendant.
Captain Faust said that he “tendered her the $55 as payment for the next month’s rent, after he had been in possession of the apartment from August 12 to about September 13. “She refused to accept,” he said.
On September 19, Miss Timmons allegedly entered the Fausts’ apartment, and had removed the refrigerator and the mattress from the bed. An injunction was secured against her and suit was brought in magistrate’s court by the Fausts through Attorney Glenn Schultz for $3,000 damages.
Miss Timmons had begun ejectment proceeding in magistrate’s court, which had been postponed and remained unsettled.
Mrs. Virginia Faust, wife of Captain Faust, was the state’s second witness. She testified that Miss Timmons had not marked the amount received on her receipts. In conversation, the defendant told her that she would give Mrs. Faust a reciept for $55 and “we will call the rest services.” Miss Timmons insisted that $28.50 per week was still what the tenants owed her, Mrs. Faust said.
John W. Crews, attorney for Miss Timmons, made a motion for a directed verdict, on grounds that Captain Faust was the trespassor, not Miss Timmons, because the defendant could not trespass on her own property, and the Fausts had not paid any rent from August 12 to October 15, with the exception of the first two weeks. He also said that the OPA could not extend the term of the lease under which the premises were first rented, and the lease was on a weekly basis.
Judge Gaston replied that he believed the OPA could extend the term of lease, and quoted the first sentence of the OPA law, which said that no tenant can be ejected from any property so long as he paid the rent. He refused the motion.
Mr. Cres said that the state had presented no evidence that Miss Timmons had broken into the house, and no evidence of the captain’s possession.
Solicitor Taylor said that Miss Timmons should not have taken the law into her own hands, while the magistrate’s case was pending to determine the right of possession.
After the attorneys’ arguments and judge’s charge, the jury retired at 5:50 p.m. At 6:30 p.m. they had not brought in a verdict, so were given supper.
Talmadge Goff, who was charged with assault and battery with intent to kill, was declared guilty by jury verdict, and the sentences was sealed. Goff was tried in his absence.
Goff, who served in the European theater of war, and his brother Mendell Goff, also now in military service, were charged with having beaten Murdock Williams, a taxi driver, last July 20 on Dreyfuss street. The case against Mendell Goff was granted a continuance.
Judge Gaston deferred sentence on Mrs. A. F. (Betty) Haynes, who pleaded guilty to taking carious household articles from the home of Mrs. Maude Elder, of No. 10 South Assembly street, in October and referred the matter to the county welfare department.
A. F. Haynes, the husband, who was named in the same indictment, was cleared of connection with the case, when Solicitor Taylor announced that no case existed against him.
John L Goodwin, 31, of 1521 Reed street, was indicted for housebreaking and larceny. He pleaded guilty and was sentenced to 10 months, which was suspended by Judge Gaston. Goodwin was put on two years probation. Goodwin allegedly had stolen a truck, which he later returned, and two tires, which he allegedly hid.
Frank Johnston, 18, alias Brisbane, alias Boley, was sentenced to five months or $125 fine, after pleading guilty to a charge of grand larceny, and using a car without the owner’s consent. He said he borrowed the car to go get breakfast, and on the way back, he was involved in an accident, at which time he gave a false name and address, Solicitor Taylor said.