Should Verdict Against Florence Varner Be Set Aside? March 15, 1921

Greensboro, March 13—Counsel for Mrs. Florence C. Varner, who was found guilty by a jury of 12 men of improper relations with Baxter McRary, in Federal court here (line obscured) the clerk’s office in Federal court, asking that the court verdict be set aside and considered null and void. When the defense files an answer to the motion, the matter will be argued before Judge Boyd.

The motion as filled follows:

1. For errors assigned as the record and for that the verdict is contrary to the greater weight of the evidence.

2. That the plaintiff did not have a fair and impartial trial for that the jury was not impartial and for that outside influences were exerted and brought to bear upon the jury, which affected their verdict against the plaintiff, and for that the verdict as rendered did not express the real sentiment of all the jurors.

3. For that since the trial of said case newly discovered evidence has come to the knowledge of the plaintiff which is material in her behalf, and which was not available to her upon the former trial.

Following is a list of affidavits signed and filed:

Robert D. Shore, assistant treasurer of the R.J. Reynolds Tobacco Company, Winston-Salem, declares that on the afternoon the verdict was rendered G.C. Thomas, an automobile man and brother of F.J. Thomas, a member of the Varner jury, told him that Mr. Varner had stated that if the jury returned a verdict in his favor he (Mr. Varner) would purchase an automobile from him. G.C. Thomas is the man C.W. Edwards, a Greensboro automobile man, asserted in an affidavit, he found in a hotel room with five members of the jury before a verdict was returned.

M.C. Reeves of Forsyth county, a member of the jury, in an affidavit states that shortly after the jury was empaneled and before the evidence was all in, F.J. Thomas, a juror, frequently expressed the opinion to him and in the presence of other jurors that Mrs. Varner was guilty. C.T. Roane, deputy marshal according to the Reeves affidavit, frequently talked in his presence against Mrs. Varner, declaring she was guilty.

A total of 11 affidavits, signed by J.D. Stephenson, Smithfield; Albert Albright, Granville county; C.H. Walker, Alamance county; C.M. Moore, Alamance county; L.M. Squiresfi, Alamance county; Dr. W.D. Moser, Alamance county; Dr. H.M. Montgomery, Alamance county; C.C. Broadwell, Alamance county; W.H. Layton, Alamance county, allege that O.P. Dickeson, one of Mr. Varner’s principal witnesses, while living in Burlington, had a bad character so far as truth and honesty were concerned.

From the front page of The Dunn Dispatch, March 15, 1921