Evening Star Newspaper, October 28, 1930, Page 4

MPBELL DENIED DIRECTED VERDICT Adkins Holds U, S. Has Made Ample Showing of Venue in District. ___(Continued From First Page) ing the jurors saw a court clerk fire 10 bullets from 5 revolvers, among which was the blue-barreled Spanish- ‘make gun of the indicted Virginia realty I, operator. Firing of the test bullets took place, by order of Justice Jesse C. Adkins in the absence of Col. Goddard and of spectators and néwspaper men. Only at- torneys for both sides and Albert H. Hamilton, defense criminologist, were permitted in the room with the jury and the court attaches. The test bullets were fired by Wesley Gardner, clerk of Criminal Division 2, who aimed each gun into a container of wool waste so that the slugs could be recovered undamaged. In order to make the test even more difficult and, withal, more convincing, the clerk varied the number of shots fired from each gun, only one bullet be- ing discharged from some of the weap- ons and two or three being fired from others. It was pointed out by observers that with 10 bullets and 5 guns sub- mitted to the expert it would be nat- ura] for him to assume that two slugs had been fired from each barrel. Choice Allowed Hamilton. The guns, other than Campbell's re- volver, used in the test were chosen from an array of more than a score of .32-caliber revolvers presented for pe- rusal to the defense. Hamilton was per- mitted to make his own choice of the guns to be discharged. The defense ex- pert has claimed that ballistics is not the exact science that Goddard and Bouder insist it is. The coyrt clerk recovered. the lead slugs from the depths of an ordinary bushel basket filled with waste. The cartridges from which the bullets were fired previously had been chosen by the defense expert. Above: The Campbell jury as they left the District Supreme Court today to witness gun tests on which the Gov- ernment has staked its case. The tests were conducted in a building across the strest from the court house. Below: Herbert M. Campbell, the de- fendant, between two deputy marshals, who escorted him to the scene of the tests. —Star Staff Photos. departed alone to walk to her parked | automobile, at Seventeenth and B streets. “From that point,” Vandoren said, “we have absolutely nothing until Mary Baker's body was found in the culvert beside the cemetery. The only thing | the witnesses called by the Government | saw—and all they saw, as far as t.helri testimony goes—in the girl’s parked car | was a man’s body swaying back and| forth. They could not see his hands, they could not see his arms. In order | for this case to go to the jury it must | be proved that the fatal force was ex- erted in the District. There is no evi- dence whatsoever of any such force. Cites Lack of Identity. “Not one of the witnesses would so much as attempt to identify Herbert Campbell as the man they saw in the automobile with some girl. One would think that some of these witnesses would have been asked to go to Arling- ton County and view the body and then Taking each bullet aside, the court clerk placed upon the assortment of slugs secret identifying marks, not in conflict with the scratches made by rifiing of the barrels. The clerk noted the serial number and other identifying characteristics of the guns from which the bullets had emerged, so that later he can check on the accuracy of Col. ‘Goddard’s findings. Crowd Assembles Outside. A crowd of several hundred persons | assembled outside the headquarters of the 20th Marines, on Louisiana avenue, while the firing of the pistols was taking . The report of the guns could m‘wfl plainly by those in the street. When the bullets had been marked, they were mixed up, placed in an en- and :agde: to a d{eputdy l:xm-- shal, along with the guns, for delivery to Col. Goddard in the laboratory of Dr. Souder at the Bureau of Standards. jury did not u:lh:h{ oy 's preliminary examination of guns and bullets. Only a deputy marshal son, Robert Assistant United States Attorney ‘William H. Collins, in charge of the ition, whose extraordinary chal- for a court demonstration re- sulted in decision of the court to have the experiment staged, also has de- clared that if Goddard should make a tention that ballistics is unreliable, and will promptly move that the court issue a directed verdict clearing Campbell of #ll charges against him. Conducted Similar Test. Such a test as that taking place | y is no new experience for God- dard. In 1926 he successfully con- ducted a similar test with six guns made at the Springfield Armory, four of which were rifled on the same ma- chine and two on another. Dr. Souder also has made a demonstration of the same kind with guns submitted to him by the firearms firm of Smith & ‘Wesson. On receiving the bullets Col. God- dard selected one and placed it be- neath one of the lenses of a special comparison _microscope, designed for ‘bullet identification. Beneath the ether lenzes of the “double-barreled” device he placed a test bullet fired from one o the guns submitted to him, ‘The images of the two slugs were re- flected by a series of prisms into a com- mon eyepiece, so that the butt half of one bullet fitted snugly against the nose end of the other, forming the illusion of one bullet. By revolving the bullets he was able to search for coinciding striations, which he asserts are in- fallible signs that similarly marked slugs came from the same barrel. Cemetery Official Testifies. Although the Government rested its case yesterday afternoon, permission was granted to bring in two other wit- nesses this morning. identify it as that of the girl they saw in the automobile. Since, however, that hasn't been done, I don't believe it could have been done.” «Vandoren added that for the pur- poses of the motion Justice Adkins might assume the bullets involved in the case had been fired from Campbell's pistol. He said he would not be willing for the judge to believe, however, that Campbell held the pistol. “To permit this case to go to the | jury,” Vandoren asserted, “would mere- iy give the jury an opportunity for spec- ulation. The Government seems to have relied purely on conjecture. There is not a scintilla of evidence to prove Mary Baker was even in that car or where the girl was killed. Venue re- mains to be established. For those | reasons, your honor, we ask that you direct a verdict of not gullty.” In his reply, Collins sald that, while he had the highest regard for Vandoren, he believed the defense attorney had “based his motion in the main on his interpretation of the facts and not on the facts themselves.” .The prosecutor referred to a section of the Revised Federal Statutes which | stated a defendant might be brought to trial in the jurisdiction where the in- jury was committed as well as at the | place where the person died. He said! information of the court. g“l code lays down the rule that where | | the attack occurred should death result.| clared he attached greater importance he would not rely entirely .on this law, | Holds Latter More Important. jere ‘has been any attack from which | death le for such assault might be‘ The two laws cited were similar in | to the latter. because he was merely citing it for the | He said another section of the Fed- | might have resulted the person | placed on trial in the jurisdiction where several respects, but the prosecutor de- Collins said witnesses had testified Rcbert R. Dye, superintendent of the Ar'ngon National Cemetery, testified cen a small car parked on the r* road about ning of April 11. 8:30 o'clock on} De ense attorneys developed on cross- | examination that the witness was un- | certain whether he had actually seen the car or merely knew he had been reminded of the incident the following day by his wife. The last witness for the Government, Miss Mildred Sperry, who lived with Miss Baker in Lyon Park, told of rid- ing to work with the girl the day she was slain. She said she had not seen her since they parted that morning. “I now ask you wheiher or not you could identify this article?” Collins asked, holding up a dress. “Yes,” she replied. “As being what “Mary's dress. The ‘girl then identificd a hat. a pocketbook, & driver’s permit and sev- eral other articles bclonging to Miss Baker. Before resting his case Collins again offered in evidence some 40 or 50 ex- hibits. The d°fense entered objections to the introduction of certain photo- aphs and other articles. The objec- were overruled Counsel Reviews Evidence. A moment later the jury was sent from the court room and Vandoren be- | gan stating to the court his reasons for demanding the directed verdict of not guilty which later was refused. He re- viewed the evidence in detail, pointing to much testimony he considered in- tion, must prove Mary that the violence was rged in the ment, - CAMPBELL JURY GOING TO :GUN TES with reference to the incident which oc- curred in the parked car of Miss Baker, that “a man’s shoulders worked back and forth several times and the girl's body was raised and lowered, back and forward, back and forward, which I say is consistent with the theory of strangulation. In addition the medical examination disclosed, as witnesses tes- tified, the fact that there was an en- gorgement in the blood vessels about azc , the direct result of strangula- jon.” Collins declared he was unable to see how any one could conceive that Miss Baker had been “playing possum” in her parked car. 2l “Would any logical inferenée sug- .E;‘QG anything of consent?” Collins asl ““Manifestly not. There is ample testi- mony that the crime was committed in_the District of Columbia, the medi- cal testimony plus the eye-witness testimony.” Then came the court ruling. Bond Ten Payment Budget Service WINS BY A i Bond Ten Payment Service is a friendly service — smilingly given to responsible men in every walk of life. It asks them to pay nothing extra for its pleasant convenience. It brings them the recognized savings of Bond’s established cash prices. i It sensibly suggests—"pay $10 at purchase, the balance in ten weekly payments” e It's won the smiles — and business . of over 150,000 men since it was started e o the ‘gvemmnt to! less than two years ago. > indict- crime was committed in | and that Campbell was | FIREMEN NET $500 | Annual Drive for Honorary Mem- | bers Proving Success—New Siren. Special Dispatch to The Star. HYATTSVILLE, Md., October 28.—At & regular meeting of the Hyattsville Volunteer Pire Department last night | chairman of the committee in charge of the annual drive for honorary mem- | bers, that the campaign so far had | netted close w0 $500. It was decided to buy a first aid kit | for the 1,000-gallon pumper of the de- | partment. The 750-galion pumper al- ready is thus equipped. A new siren will be given a trial here, it was announced. The one in- stalled some time ago has not been functioning well, it was explained. MILE TWO TROUSER suIrs TOPCOATS - OVERCOATS 25 *35 *45 |1t was announced by Charles E. Trott,’ TRINIDAD GITIZENS RE-ELECT CLEARY Choose President for Third Term—Other Officers Are Named and Reports Read. George J. Cleary.was re-elected presi- dent of the Trinidad Citizens’ Associa- tion for the third term last night at a meeting of that body at the Wheatley School. Other officers elected at the meeting were John H. Thomas, vice president; Minnie B. Stevens, financial secretary; Harry D. Shilling, corresponding secre- tary, and Mark G. Stecker, treasurer. Elected as delegates to the Federation of Citizens’ Associations were George Cleary and John Thomas Dr. Percival Hall, chairman of the Committee on Parks, was directed by the association to continue efforts to have additional land acquired for the rmpmed park adjoining Gallaudet Col- lege. Additional School Needed. As chairman for the Committee on Schools, David A. Fuiton reported that there was need for an additional school in the vicinity of Nineteenth and L streets northeast. A resolution was offered by Willlam Lowder asking for the continuance of glu playgrounds near the Union Station aza. Commendation of the action of Police Superintendent Pratt was voiced for the establishment of motor patrol beats. It was also announced that police safe- guardance will be asked for children of Wheatley School who must cross Bladensburg road. Ask Change in Traffic Lights. The elimination of traffic lights at First and K streets northeast and the placing of a light at West Virginia avenue and Florida avenue was urged by the association. The assoclation voted to oppose an increase in the two-cent tax on gaso- line, it being felt that this additional burden was not necessary. Bruce L. Casteel reported on the present status (‘:; the Benning road widening proceed- gs. The association also decided that in- adequate funds for janitorial services was not held sufficlent reason for the community center to the assoclation to pay rental for ing Wheatley School as a meeting place. The association adopted a motion made by James Brogan, tending a vote of thanks to Helen Luckett, retiring secretary, and then adjourned. MRS. EMMA STEES DIES Prominent Masonic Auxiliary Lead- er to Be Buried in Harrisburg. Mrs. Emma Stees, 63 years old, widely affiliated in Masonic circles here, died yesterday at Emergency Hospital after & brief illness. Mrs. Stees, a native of Harrisburg, Pa, had been a resident here for 22 years. She was a member of the Martha Chapter, Order of the Eastern Star, and past president of the Ladies’ Auxili- ary, Orient Commandery, No. Knights Templar. She was also-affliat- ed with Good Will Council, No. 15, Dnsu:el-lfin otxA;‘:ebrlcl. survive y her husband, John M. Stees, and a son, Harry Stees, of Seattle. Her father, two sisters and a brother also survive. Funeral services will be held tomor- nn;:/‘ le;enim‘;z ’é‘o:'l;ck at Scott's fu- ome, 8] street sou 3 Interment will be at burg. D RGN ANIIIE RS IR FUNERAL RITES TODAY FOR MRS. MARY G. LEWIS Former Assistant Clerk of District Supreme Court Buried in Glenwood Cemetery. Funeral services for Mrs. Mary Greer Lewis, who recently resigned as assist- ant clerk of the District Supreme Court in charge of naturalizations, were held at the home, 1233 Crittenden street, this afternoon. Rev. H. V. Wheeler, tor of Emory M. E. Church, officiated, and interment was at Glenwood Cemetery. ‘Three assistant clerks were among the pallbearers—Charles B. Coflin, Fred C. O’Connell and Harvey Given—in addi- tion to W. 8. Torbert, L. O. Dumwright and 8. J. Tipton. Mrs. Lewis was the wife of Jack Lewis, city nger agent of the Bal- timore & Ohio Raliroad Co. She is also lslg:l}\;:: by lfi;i;l:r. Mrs. L. G. Julihn, servi ears in offic 4 the clerk of the cou);t o . FLY UPSIDEDOWN MORE THAN 5 MILES “Three Flying Fish"” Make First Bow Here as Feature of Navy Day Air Show. Climaxing a remarkable demonstra- tlon of formation acrobatics by flying upside down in formation a distance of more than five miles, the “Three Flying Fish,” organized at the Anacostia Naval Alr Station last Spring, made their first public appearance here yesterday after- noon as the outstanding feature of the Navy day aerial program. Led by Lieut. Matthias B. Gardner, a native of the District of Columbia and aperations officer at the local sta- tion, the section performed the “insids outside” loop and the “section rol both of which were originated by this section, which has come to rank, after only four public appearances, as the best military acrobatic formation in the country. Wing men in the section are Lieut. Aaron P. Storrs, 3d, and Lieut. Frederick M. Trapnell. After cencluding a half hour of re- markable flylng over the Alexandria water front, over the naval air station and over the Washington Navy Yard, the three planes were turned on their backs over Alexandria and, in close formation, flew upside down up the Potomac, across the air station and over t‘he Navy yard to climax their exhibi- jon, The only untoward incident during | the aerial show came when a parachute worn by Machinist’s Mate H. M. Hin- ninger split up the side as he followed four other jumpers from a Navy trans- port plane. Hinninger checked his rapid fall with a second parachute and land- ed safely. The aerial demonstration began with the arrival over the city, shortly after noon, of the all-metal dirigible ZMC-2, from Lakehurst, N. J. Soon afterward the dirigible Los Angeles also circled over the city. A squadron of six Marine Corps single-seater fighters from Quan- tico, Va., put on a demonstration of formation acrobatics. The laying of a smoke screen over the Navy yard and air station by a two-seater Navy fighter piloted by Lieut. Arthur Gavin conclud- ed the demonstration. Invalid Woman Badly Burned. Emma Pye, colored, 65 years old, an invalid, residing at 106 Douglas Court northeast, was severely burned about her body and arms yesterday afternoon when a fire occurred in her home. She was moved to Casualty Hospital, where her conditicn is reported serious. A megaphone, three centuries old, on a Vienna cathedral spire, used as a fire alarm, is now use as a radio 'r'ecfl’ver, the oldést Joud speaker in the orld. ROOSEVELT'S TOMB SCENE OF TRIBUTE Wreaths Laid and Talks Are Made on Birthday An- niversary. By the Associated Press. OYSTER BAY, N. Y., October 28.— | Tribute to the memory of the late Theodore Roosevelt was paid here yes- terday on the seventy-second anniver- sary of his birth by the placing of wreaths from school children, from President Hoover and from the Navy League on the tomb of the former President. Mrs. Theodore Roosevelt, the widow, addressed the children and described to them the boyhood of the late President, recalling that he was born physically weak, but overcame his handicaps by exercise of tremendous will power. Later, Mrs. Richard Derby, the former Ethel Roosevelt, told high 'school stu- dents of Oyster Bay anecdotes of her father's life. . Brig. Gen. Lucius R. Holbrook, com- manding the 1st Division, U. S. A., at Fort Hamilton, Brooklyn, placed the President’s wreath on the tomb. Willlam Howard Gardiner, president of the Navy League, in an address said that Roosevelt had brought to the presidency an understanding “why the United States Navy should not be a mere nucleus, negligible in deterring others from war, but to be extravagant- ly expanded in the event of our being forced to fight.” PP BELIEVED SELF SLAYER; FINDS HIMSELF FREED Brawley Foster Surrenders to Po- lice, Then Learns Wife Is Alive and Forgiving. Brawley Foster, colored, 31, former resident of Brooklyn, N. Y., probably f::is the happlest man in Washington ay. Foster visited No. 6 police station and surrendered himself, believing he had killed his wife about nine months ago. He said he had beaten her over the head with a hatchet and had watched her die. Leaving home, he roamed the country until he reached this city and surrendered. He told the police he had been driven almost crazy and had been unable to sleep for weeks. Local police communicated with the police of Brooklyn and learned that Foster's wife had recovered from the attack; that he was wanted on a charge of assault, and that an officer would come for him. This afternoon, a second message from the Brooklyn police told of the wife’s forgiveness and of her refusal to prosecute. The prisoner was thereupon released. SET RIVERMAN'S FUNERAL George Abendschein Rites to Be Held Tomorrow. Funeral services for George Louls Abendschein, 65 years old, who died sud- denly Sunday at his home, 815 C street southwest, will be held tomorrow after- noon at 2 o'clock at Grace Episcopal Church, Ninth and D streets southwest. Interment will be in Union Cemetery, Alexandria, Va. Mr. Abendschein, a native of Alexan- dria. had resided here for 40 years, be- ing employed for many years on the steamer Charles Macalester. He was a member of the Order of Red Men. He is survived by his widow, Mrs. Susie Abendschein; three daughters and four sons. JUDGE SEARCHES PRISONER FOR CUN Action Follows = Woman’s Warning of Alleged Threat to “Shoot Up Court.” Nathan Kaplan's alleged threat to “shoot-up Police Court” when brought to trial for making threats today, caused consternation among court attaches and led to his being searched by a judge and two deputy marshals. No gun was found. Kaplan, 35 years old, of the 300 block Indiana avenue was arrested and brought into court on charges of threatening the life of Clara F. Reyer, This morning Miss Reyer rushed breath- lessly into the office of John R. Fitz~ patrick, assistant District attorney. “Mr. Kaplan said he is going to shoot-up the court,” the woman yelled at_Fitzpatrick. The prosecutor, feeling the responsi- bility rather heavily, rushed into the court room of Judge John C. McMahon, where Kaplan was to receive trial. “Nathan Kaplan says he is going“to shoot-up the court, judge,” said Fitz- patrick, speaking as he approached the bench. Immediately the judge ordered two deputies be brought in and Kaplan's name shouted to the court room. Kap- lan, who is of small stature, strode up to the bench and was taken into cus- tody by the marshals, who led him to a small room in the rear of the court. “Have you a gun?” demanded Judge McMahon. “Nnnn-nnn-no!" the frightened Kaplan. “Stick up your hands,” ordered the magistrate. Kaplan threw up his arms hurriedly, and the marshals searched him. “No gun,” said the marshal, disgustedly. The trial of Kapian was later con- tinued until tomorrow after some tes- timony was heard. The man fs free on bond. stammered dise STUDENT FLYER LICENSE RULES ARE MODIFIED Prospective Purchasers May Han- dle Controls Without Permits if Transport Pilots Are in Charge. Prospective airplane purchasers or aviation students will be permitted to handle the controls of planes in flight without obtaining a students pilot's license under the terms of an amend- ment to Department of Commerce re- gulations announced today by Clarence M. Young, Assistant Secretary of Com= merce for Aeronautics. ‘The amendment was urgently re- quested by aircraft manufacturers during a recent conference held here for the consideration of amendments to the air commerce regulations and airworthiness requirments. The new policy of the department will permit unlicensed persons to fly planes under certain conditions. Such flights may be made only in aircraft approved as to airworthiness by the department and only with licensed transport pilots in charge. Prospective purchasers of aircraft may handle the controls under direction of transport yuou regularly employed by manu- lacturers, distributors or dealers of the aircraft in question. Prospective students may fly with licensed transport instructors and may handle controls while in flight. Such flights, however, imited in character. No demonstration flight may be given to prospective purchasers or students for hire and no pay may be received by the firm or school either directly or indirectly for the flight. must be S T s s R P TR AUTOMATIC HEAT Every home owner is planning on having Automatic Heat when they are assured the cost of having it will be about the same as their coal cost. Why Not Install an A.B.C. Oil Burner And heat your home automatically? Your neighbors will be glad to tell you the EXACT COST of heating their home with an A. B. C. Let us tell you more about Oil Heat and the very reasonable terms you can purchase an A. B. C. OIL BURNER. ' 7 YEARS IN WASHINGTON When considering AUTOMATIC HEAT remember Proof Is Better Than Promises A.B.C. 0il Burner Sales Corp. Tel. Nat. 8188 C. S. Watson, Manager : 1722 H St. N.W. District y, The defense attorney charged none \ of the essential facts had been proved. than that Migs Baker is dead.