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Climax IS earing1arofIn Mossier CaseMIAMI, FIb. (AP) — The projection offered rebuttal testimony Monday against the defense of Candace Mossier and ner nephew, Melvin Lane Pow* era—then closed its case on the list day of the sensational murder trial.After nine rebuttal witnesses had testified for the slate, Circuit Court Judge George Schulz met with opposing attorneys in his chambers to hear motions and discuss his charge to the 12-man jury.This will clear the way for final arguments beginning Tuesday. The rase is expected to go 10 the jury Wednesday.After listening to arguments for and against directed verdicts of acquittal, Judge Schulz deferred his ruling until Tuesday. Several defense motions for mistrials were renewed and all were rejected.State Ally. Ricliad Gerslein’s rebuttal witnesses apparently were intended to strengthen the testimony of Edward Hart Diehl, San Francisco ex-convict who said Mrs. Mossier and Powers offered him $10,000 to kill her multimillionaire husband, Jacques.And one witness struck at the defense’s effort to shift suspicion for fhe killing to Fred Weissel, a man found wandering /bloody and dazed in the vicinity of Mosslcr’s apartment the 5 i night he was bludgeoned andDidihithe ranch logelher “six or seven times'* and that it was evident “from the messes’* in the trailer that (hey were Involved in sexual relations,“She said slw left the ranch because Ed told her to pack up and gel out, that Candace and Powers wore crazy, Hill said.th11JAttorneyFor Ashley Irks Judgesoelt;DInthattolr.itGATESV1LLE, Tex. (API — Dist. Judge Truman Roberts gave Leslie Douglas Ashley's attorney a tongue-lashing Monday, abruptly called a ]Q-minute recess in Ashley's pre-trial hearing and marched out of the court room.Ashley, 28, Is charged with murder in the sex-party” slaying of Houston real estate man Fred A. Tones on Feb. 6, 1961. The case is in Galesville on a change of venue.Ashley and Carolyn Ann Lima were tried together for the Tones murder and sentenced to death.w\SaitRSiInstbih;ithstabbed.Diehl had testified that the alleged murder proposition was made to him by Powers—willi Mrs. Mossier present and nod-Jding agreement—when he 1 worked in 1962 on a Mossier-owned ranch near Galveston, TexHe testified further that the codcfendants indulged In sexual relations In a house trailer on the ranch and that his wife quit her cleaning job in disgust.On the stand, Diehl's cx-wife. now Mrs. Angela Devcr, denied all this and said Diehl “could not he believed under oath.” She said she never saw Mrs. Mossier and Powers together at the ranch and that she left because she and her husband were not getting along.But. Maj. Munson Hill of the Dade County (Miami! Sheriff's Department, who headed the Mossier investigation, said Mrs. Dcvor told a different story when he questioned her April 8, 19S5, at Houston. 1e:b*laIIrn-n-ic-th33ofedin-hcThey once came within four hours of being electrocuted In the electric chair before they got a stay.A federal appellate court overturned their conviction in 1963 and ordered that they be given new, separate trials. The federal ruling cited I he prosecution’s withholding of material evidence in the case.Miss Lima has already been tried again, and received a five-year murder without malice sen tence. She is now free.The current pre-trial hearing pertains to Ashley’s second trial.Chief defense attorney Lloyd M. Lunsford of Houston objected Monday to Roberts' ruling that Lunsford could not pursue an examination of a Houston court clerk on the condition of the original indictment.Lunsford contends part of the indictment is missing. It is sc worn, part of it had to he scotch-taped, he said.The judge said he read the indictment and it was all there.Lunsford said Ihe judge had “become an arm of the prosecution.”Roberts barked from the bench:“Are you serious?“I'm serious in defending my.KifimSsdlt;ticiw*\etctiP'rinlt;e.lt;c:slt;b«1JLP1It(IHe said she told him she did see Mrs. Mossier and Powers at Lunsford said.“Are you serious Ihnlyouthink I have become an arm of the prosecution? Didn't you give me that indictment and ask me to read it?”II was at this point that the judge declared the recess.After the recess, the judge said he had never heard such a statement as Lunsford had made during his AVt years on the bench.He indicated he fell LuncfnrdtcJ,rririnmII
Newspaper Details
Victoria Advocate
Victoria, Texas, US
Tue, Mar 01, 1966
Page 11
Full Page
Clipped by
Ronald S.
USA 23 Apr 2017
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