Friday, February 26, 2021

Jury Finds Mrs. Varner Guilty of Immoral Relations With Baxter McRary, a Negro, Feb. 26, 1921

Greensboro, Feb. 26—The federal court jury trying the case of Mrs. Florence C. Varner, who sued her husband, Colonel Henry B. Varner of Lexington for support, today returned a verdict for the defendant after two days’ deliberation.

One of the issues required the jury was to fnd whether she was guilty or innocent of the charge of immoral relations with Baxter McRary, a negro. The jury answered this affirmatively.

The jury retired at 8:30 o’clock Friday night on account of the serious illness of the 11-months-old child of ? H. Starmer, a member, of Park Avenue, Pomona. Mr. Starmer was summoned home about 8:15 o’clock, accompanied by Deputy Marshal C.T. Sloane. It is not known just how long Mr. Starmer will be absent, or what will happen in the event he is forced to remain at the bedside of his child any length of time.

AT 3 p.m. the jury dispatched a message to Judge James E. Boyd, presiding over the United States district court, requesting that they be heard. Within 15 minutes after receiving the request the jurist went to the courtroom and received the 12 men. P.M. Summers of Alamance county, foreman, stated that they had been unable to arrive at a verdict. In reply Judge Boyd laconically stated:

“Gentlemen, you will have to take further time. This case is too important; it would be not only a calamity fo rthe parties to the suit; it would almost be a public calamity to have a mistrial in this case and have to go over it again.

“This matter is submitted to you now upon the testimony and the facts in the case and the court is going to give you time to arrive at a verdict.”

The men, without a word in reply, filed out of the courtroom and returned to their room on the third floor of the Federal building, for further deliberation. Each man was very solemn and clearly indicated that they were engaged in a very serious matter.

At 3 o’clock news that the jury would appear in the courtroom spread like wildfire and a large crowd of spectators quickly filled the courtroom, in the ope of hearing the verdict rendered. They were disappointed but many of them remained seated, hoping that the 12 men would return in the course of the hour.

At 6 o’clock Deputies Roan and Garner escorted the men to their hotel for supper. In leaving the building each man remained silent, showing still more gravity than when they met Judge Boyd three hours earlier in the day. The nonchalant look carried by the men during the trial had given way to something decidedly more serious.

Throughout the day small squads of men remained either in or in close proximity of the Federal building. While patiently waiting to learn of the verdict, they conduced the trial over again. Neither the plaintiff nor the defendant lacked supporters. One old man was heard to say, “She is an innocent as an angel,” while another much younger in age, declared: “She is as guilty as h----.” The trial certainly has eaten its way into practically every citizen in Greensboro.

All sorts of rumors were circulated throughout the day. Every word of speculation was consumed voraciously. A few wiseacres went so far as to emphatically declare that only two men were preventing a return of a verdict in favor of Mrs. Varner. Of course Mr. Varner’s supporters countered such reports with just a cheerful ones. However, no authorized information was received from the jury room, it being against all rules to permit the giving out of information as to what goes on in such places.

Mr. Varner and several of his attorneys remained in close vicinity of the Federal building through the entire day. He appeared cheerful, believing resolutely that the verdict will be rendered in his favor.

Mrs. Varner was not seen on the streets at any time during the day. A couple of her legal representatives made frequent visits to the courtroom, hoping to hear a verdict returned favoring their client.

From the front page of The Charlotte News, Feb. 26, 1921

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