The Second Trial

Corpus Christi Times, Friday Evening, October 30, 1931: Yarberry Case Transferred to Beeville. Court Term There Opens Next Monday. Case Ordered Changed to Beeville for Trial by Court on Its Own Motion Friday. Date Not Set. Jury Discharged Without Agreement in Previous Trial of Youth. The case of Newton Yarberry has been transferred from Sinton to Beeville for trial. Yarberry is charged by a special grand jury indictment in San Patricio county with the murder of Dorothy Dorcas Symons in Aransas Pass July 30. Her body, clad in a bathing suit was found by campers in a secluded spot in the bay near Aransas Pass, Aug. 1. The case was sent to Beeville by Judge T. M. Cox, on the court's own motion. The court term at Beeville opens Monday and it is probable, it was said, that the case will be set for trial on that date. Although there has been nothing definite and nothing can be entered into the Bee county court records until the court is officially opened, it was indicated that the case will be set for trial the fourth Monday in November, which will be Nov. 28. This will be the first week of criminal cases in court. Yarberry, the defendant, and attorneys for the defense and prosecution all were in the courthouse at the time the change of venue was granted. Many spectators also were present, as this case has attracted widespread attention in the state. Yarberry's bondsmen also were there and acknowledged the change of venue for the bond. Yarberry was arrested immediately after the girl's body was found by Sheriff Frank Hunt. A trial started at Sinton Oct. 5 resulted in a mistrial and the jury was discharged, after the count was 11-1. This was in favor of conviction, it was reported.

Corpus Christi Times. Tuesday Evening. December 1, 1931: Six Jurors Chosen For New Trial. Yarberry Case Is Being Heard Again After Jury In First Trial Failed to Get Verdict. Six jurors had been selected at noon Tuesday for the retrial of Newton Yarberry, Aransas Pass, on a charge of murder in connection with the death of his sweetheart, Miss Dorothy Dorcas Symons, 18 year old choir singer. At a recent trial in Sinton the jury failed to agree. The case was transferred to Beeville on a change of venue. The body of Miss Symons was found near the Aransas pass breakwater Aug. 1 clad only in a bathing suit. Officers believed she had been strangled.

Corpus Christi Times, Wednesday Evening, December 2, 1931: Testimony in Yarberry Case Is Under Way. State Seeks to Establish Whereabouts and Associates of Miss Symons On Night of July 30. The state Wednesday at the murder trial of Newton Yarberry sought to establish the whereabouts and associates of Miss Dorothy Dorcas Symons the night of July 30 when she was last seen alive. Yarberry, undergoing his second trial in connection with the pretty, 18 year old choir singer's death, denied the accusation. Her body, clad only in a bathing suit, was found in a rude grave of seaweed and sand near the Aransas Pass breakwater Aug.1. The first witness, Mrs. Roy Angelo of Aransas Pass, said miss Symons had attended choir practice at the Aransas Pass Catholic church the evening of July 30. She had talked to Mrs. A. L. Dolan, church organist. Miss Violeta Stanton testified Mrs. Dolan and Miss Symons had driven to her home that evening. Both witnesses were questioned concerning the reputation of the 23 year old defendant. They said he did not drink habitually or attend drinking parties as far as they knew.

Corpus Christi Times, Wednesday Evening, December 4, 1931: Stepfather of Dorothy Symons Heard in Trial. F. H. Symons, stepfather of Dorothy Dorcas Symons, for whose alleged slaying Newton Yarberry is on trial, testified Friday that immediately after the 18 year old girl's death he could not believe Yarberry responsible but later he changed his opinion. He said that because of Yarberry's attitude toward the Symons family and because of the evidence in the case, his view had changed. he gave as added reasons for his change of opinion the fact that Yarberry did not plead his innocence before the grand jury and "failed to come around and talk to us about it." The pretty choir singer's body was found near the Aransas Pass breakwater Aug. 1, clad in a bathing suit. The state, in constructing its circumstantial case against Yarberry, presented testimony from a number of witnesses to show that Miss Symons had planned to go swimming the night of July 30, when she was last seen alive, with the defendant. In answer to a defense question asking if those were the only reasons he had for believing Yarberry guilty, Symons replied, "I think that's enough." Symons said his source of details of evidence against Yarberry was Sheriff Hunt of San Patricio county. Symons testified further there never had been any objection to Yarberry associating with Miss Symons. he said the defendant had done everything asked of him in search for the girl after her disappearance. He said it was expected of Yarberry because he was Dorothy's sweetheart.

Corpus Christi Times. Monday Evening. December 7, 1931: Constable of Aransas Pass Put on Stand. Says Tracks Found Close to Body of Girl Corresponded in Size to Those of Yarberry. Second Trial. Officer Tells of Seeing Scratches on Defendant's Feet. Constable George Reader of Aransas Pass testified Monday at the murder trial of Newton Yarberry that tracks found near the body of Miss Dorothy Dorcas Symons, pretty 18 year old choir singer, corresponded in size to those of the defendant. Yarberry was on trial for the second time on a charge of murder in connection with the girl's death. her body, clad in a bathing suit, was recovered Aug. 1 from a grave of mud and seaweed near the Aransas Pass breakwater. Reader said he was present at the examination of Yarberry's shoes and feet in the Sinton jail. He told of seeing scratches on the 23 year old defendant's feet such as might have been made by shells and "stickers" on the beach. He said measurements of Yarberry's shoes and feet were similar to those of tracks found on the beach. Shoe and barefoot tracks were found near the body. The state witness, who did not testify at Yarberry's previous trial at Sinton, said he found blood spots along the bare-foot trail from the main channel to the rude grave. he told of seeing scratches on Yarberry's neck and back at the jail. Reader testified further that the girl's throat was discolored and her nose and mouth were bloody. he said there was also a discolored mark on her right arm. The state, in constructing its circumstantial case against Yarberry has presented testimony to show that the girl had told friends she had an engagement to go swimming with the defendant the night of July 30, when she was last seen alive. At Yarberry's first trial the jury failed to agree and the case was transferred to Beeville on a change of venue.

Corpus Christi Times, Tuesday Evening, December 8, 1931: Witness Tells of Footprints Along Beach. Deputy Sheriff Declares Measurements Similar to Those of Dorothy Symons and Yarberry. Doctor Heard. Declines to Say Positively If Girl Was Choked to Death. Deputy Sheriff Jess Barber Tuesday described footprints he saw on the Aransas Pass beach near the rude grave in which the body of Miss Dorothy Dorcas Symons was found. He said measurements of the tracks were similar to those of the pretty 18 year old choir singer and Newton Yarberry, on trial on a charge of murder in connection with her death. The state witness said he aided Sheriff Hunt in measuring Yarberry's shoes and feet. He said a pair of the girl's shoes exactly fitted one set of the tracks. The shoes worn by Miss Symons the night of July 30, when she was last seen alive, have not been found. Barber testified he examined Yarberry's feet in the Sinton jail the day after the girl's body was recovered from a grave near the Aransas Pass breakwater. He said the 23 year old defendant's feet were scratched on the bottoms, as if by contact with beach shells and cranberry thorns. Monday Dr. Walter Noble of Aransas Pass gave it as his opinion that the 18 year old choir singer was choked to death. However he declined to say positively. Doctor Noble, latest of a long procession of state witnesses, said he viewed Miss Symons' body soon after it was taken from its grave of mud and seaweed near the Aransas Pass breakwater, Aug. 1. The young woman disappeared the night of July 30.

Corpus Christi Times, Wednesday Evening, December 9, 1931: State Expected to Rest Wednesday in Yarberry Hearing. The state had virtually completed its circumstantial case Wednesday at the murder trial of Newton Yarberry, accused of slaying his sweetheart, Miss Dorothy Dorcas Symons. Prosecuting attorneys indicated they would rest their case late Wednesday. Sheriff S. F. Hunt of San Patricio county, a major state witness, was subjected to severe cross-examination by defense attorneys. Testimony he had submitted regarding his investigation into the death of the pretty, 18 year old choir singer, was closely checked. Sheriff Hunt had related in chronological order every move he made and all conversations in which he had engaged, from the time he was notified of the girl's disappearance, July 30, until all clues had been investigated. her body was found Aug. 1, hidden in a tangle of seaweed and mud near the Aransas Pass breakwater. She was clad in a bathing suit. The officer said Yarberry displayed marked nervousness when shown Miss Symons' body. There was nothing in his conversations with the 23 year old defendant, the officer testified which was calculated to frighten him. Yarberry was so nervous "he could hardly talk" the officer declared.

Corpus Christi Times, Thursday Evening, December 10, 1931: First Testimony for Youth Heard. Doctor of Aransas Pass Tells of Unofficially Examining Yarberry After Girl's Body Found. The defense opened its case Thursday at the murder trial of Newton Yarberry with testimony designed to refute circumstantial evidence presented by the state. The 23 year old defendant was on trial for the alleged slaying of his sweetheart, Dorothy Dorcas Symons, choir leader. Dr. A. J. Dubose of Aransas Pass told of unofficially examining Yarberry four days after the girl's body was recovered from a rude grave of seaweed and mud near the breakwater. The body was found Aug. 1. Dubose said there were no scratches on the defendant's back or neck. Several state witnesses had told of seeing such scratches. The witness then told of rain showers which he believed might have partially obliterated tracks on the Aransas Pass beach. J. W. Dubose, druggist, said there was a "hard beating rain" the day the body was found. Their testimony was intended to weaken that of state witnesses who had described tracks on the beach. The state witness had said the tracks conformed in size to those of the defendant and he 18 year old girl. Six character witnesses were called by the defense to show Yarberry had a good general reputation.

Corpus Christi Times, Friday Evening, December 11, 1931: Defense Calls Many More Witnesses for New Yarberry Trial. Defense testimony was introduced Friday at Newton Yarberry's murder trial to show that the defendant had been "going with" Miss Dorothy Dorcas Symons, 18 year old choir singer, about two years before her death. James Davis, a close friend of the defendant, said Yarberry had associated with the girl during that time but seemed indifferent to her. the witness did not think Yarberry could be called her "sweetheart." The 23 year old defendant was on trial as the accused slayer of the girl, whose body was found Aug. 1 near the Aransas Pass breakwater. she had disappeared the night of July 30 after attending choir practice at the Aransas Pass Catholic church. In efforts to weaken the line of circumstantial evidence presented by the state, the defense has called over 20 witnesses to the stand who did not testify at Yarberry's trial at Sinton. the jury failed to agree at that hearing and the case was transferred to Beeville.

Corpus Christi Times, Monday Evening, December 14, 1931: Defense Testimony Concluded at Yarberry Trial. Mrs. Kelly Is Witness In Rebuttal. Yarberry, Taking Stand in Own Defense, Denies he Was With Girl on Night She Disappeared. Murder Charge. Youth Says He Did Not Consider Himself as Girl's Sweetheart. Defense testimony was concluded Monday at the murder trial of Newton Yarberry, accused slayer of Miss Dorothy Dorcas Symons, 18 year old choir singer. The girl's body was found Aug. 1 near the Aransas Pass breakwater, clad in a bathing suit. She had been missing since July 30. the state claimed she had an engagement to go swimming with the defendant that night. Yarberry, last defense witness to testify, said he had gone with the girl about two years, but did not consider himself her sweetheart. He denied he was with her the night of her disappearance, claiming the last time he saw her was about 2:30 o'clock and slept all night. The state opened rebuttal testimony by calling Mrs. Eva Kelly, mother of Mrs. Sidney Fowler to the stand. It was at Mrs. Fowler's home the girl had planned to spend the night of July 30. Mrs. Kelly said that Tom Conner, another state witness, was at her home about 9:30 o'clock, that night. Conner testified last week he walked with Miss Symons from the Fowler home to Aransas Pass early the night of July 30. He said she told him she had an engagement to meet Yarberry and go swimming. Conner said he did not see her meet Yarberry. He left her in town, he said.

Corpus Christi Times, Tuesday Evening, December 15, 1931: Closing Arguments in Yarberry Trial Heard. Closing arguments were heard Tuesday at the murder trial of Newton Yarberry, accused slayer of Miss Dorothy Symons, pretty 18 year old Aransas Pass choir singer. Three defense and three prosecution attorneys planned to argue the case before turning it to the jury. No time limit had been set on closing addresses. W. M. Moss, special prosecutor, spoke first for the state. Since opening of the trial Nov. 30, the state had arrayed a mass of circumstantial claims pointing to the 23 year old defendant having been with the girl the night of July 30, when she was last seen alive. Yarberry and other defense witnesses emphatically denied the allegation saying he was at home that night. Miss Symons' body was recovered from a mass of mud and seaweed near the Aransas Pass breakwater Aug. 1. She was clad in a bathing suit. The state described marks on her throat as indicating her death was caused by strangulation. In constructing its case, the state failed to produce any witness to show Yarberry had been seen in the girl's company the night of her disappearance. Several witnesses told of hearing her say she had an engagement to go swimming with him, but whether she filled the engagement was never positively proven. He denied meeting her that night, saying the last time he saw her was on the afternoon of July. 30.

Corpus Christi Times, Wednesday Evening, December 16, 1931: Arguments in Yarberry Case Almost Ended. Three arguments remained to be heard Wednesday in the trial of Newton Yarberry of Aransas Pass, charged with murder of Miss Dorothy Symons, with prospects the jury would receive the case before night. Three of the six attorneys presented their pleas Tuesday. The second trial began Nov. 30. the first held in San Patricio county resulted in a hung jury. All arguments except those by District Attorney W. G. Gayle had been made by noon.

Corpus Christi Times, Thursday Evening, December 17, 1931: Yarberry Jury Still Deliberating. Case Given to Jurors on Wednesday. State Sought to Prove Dorothy Symons Slain Several Months Ago While On Swimming Date. No Verdict Yet. Second Trial of Youth at Beeville Has Been Under Way for Two Weeks. Jurors deliberating the fate of Newton Yarberry accused slayer of Miss Dorothy Dorcas Symons, had failed to reach a decision Thursday afternoon. Yarberry was undergoing his second trial on a charge of murder for the pretty 18 year old choir singer's death. At a previous trial held at Sinton a jury failed to agree and a mistrial resulted. Did Newton Yarberry Kill Dorothy Symons? That question was considered Thursday by the jury in his second murder trial. It received the case Wednesday at the conclusion of two weeks' testimony and arguments. The state sought to prove the girl was slain several months ago while on a midnight swimming date. Her body, clothed in a bathing suit, was found in a shallow grave on the gulf beach near Aransas Pass. It introduced evidence that Yarberry and Miss Symons had been friendly and Yarberry had written letters couched in endearing terms. Yarberry denied he and the girl had been sweethearts, as he understood the word, but admitted they had gone together several years. On the night she disappeared, he said he retired to sleep about 9 p.m. at his home, and did not arise until morning. In a previous trial, the jury was unable to agree.

Corpus Christi Times, Friday Evening, December 18, 1931: Hung Jury Again in Yarberry Case. Jury Reported to Have Been Seven to Five for Conviction. A jury trying Newton Yarberry, 23, on a charge of murder in the death of Dorothy Dorcas Symons, 18 year old church singer, failed to agree and was discharged here late Thursday. Yarberry's first trial at Sinton also resulted in a hung jury. The trial judge discharged the jurors Thursday when they told him they were hopelessly deadlocked after deliberating more than 24 hours. They were reported to have stood seven for conviction and five for acquittal. Yarberry will remain at liberty under bail pending setting of a date for a third trial. Miss Symons disappeared the night of July 30. Wearing a bathing suit, she was found dead near the water's edge at Aransas Pass two days later.


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