Larkin and Robert Garrett to Have Separate Trials, July 31, 1923

Garrett Brothers to Have Separate Trials. . . On Motion of State. . . Larkin Garrett Will be Tried First and the Date of R.O. Garrett’s Trial May be Determined by Verdict in the First Case; Judge and Counsel Have Taken Off Their Coats and Settled Down to Hard Work in the Hot Court Room at Cumberland Court House

The decision came after a stiff legal fight by defense council. When R.O. Garrett will be tried was not indicated by the state and may depend on the outcome of this brother’s case.

In announcing his decision for separate trials Judge White announced the defense could note any exception if it desired and this the defense did.

This point settled, the state moved to quash the existing venire on the grounds that it was illegally drawn and selected by partisans of the Garretts. The same charges made on the Cumberland jury system in the change of venue arrangements Friday were cited in the motions. After a recess granted at the request of the defense in order to prepare a reply to the motion, Judge White removed his coat and suggested that counsel remove theirs for greater comfort. All the lawyers immediately took off their coats and proceeded with arguments as to the venire dismissal motion. These arguments dealt almost entirely with the alleged illegality of the panel drawings and covered ground gone over Thursday but with the addition of more legal authorities.

The court was in the midst of arguments on the state’s motion to quash the original venire when the court recessed for dinner at 1 o’clock.

From the front page of The Wilson Times, July 31, 1923