Indianapolis Times, Indianapolis, Marion County, 14 May 1942 — Page 8

SECOND PAYNE | Ar Reid Duds TRIAL DELAYED

Postponed Until Sept. 17 As Doctor Reports Her In Weak Condition.

BLOOMINGTON, Ind, May 14 (U. P.)—Mrs. Caroline G. Payne will stand trial a second time for the fatal shooting of Charles O. Mattingly next Sept. 17 instead of May 21, as originally scheduled, upon the advice of a court-appointed physician who described Mrs. Payne as in a “weakened and highlynervous condition.” Judge Charles B. Staff of Franklin ordered the postponement -yesterday following the report of Dr. Howard W. Byrn of Bloomington, the examining physician. “A long trial at this time would ‘be hazardous to her (Mrs. Payne’s) health,” the doctor said. “She has lost approximately 40 pounds in the past several months and is in a weakened and highly nervous con- . dition.” Defense counsel asked the postponement in a motion presented last week. Mrs. Payne has been confined in the Monroe county pail since last July, when the -state charges she shot and killed Mattingly, public| § service commission attorney, be-

cause of his marriage to another woman. The first trial of the 43- John H. Morris, head of the air

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