The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1912-01-22
MACDONALD'S PAST
MAY Be REVEALED
N MURDER TRIAL
Prosecutors Believed to Hold
Sensation for Psychology
ical Moment.

Evidence that will tend to tear the
mask Of mystery from the personality
of Edward j. Macdonald. accused wife
murderer, with an alleged hidden past,
who, Ia on trial before Justice Barnard
In Criminal Court No. 2, charged with
murder in the first degree, probably will
be presented by the Government prose-
cutors at a dramatic period In the case,
according to developments this after
noon.
Whether the mysterious prisoners
record will be revealed in the early part
of the trial is doubtful, the present
intention Of the United States attorney
Office being to withhold certain infor.
nation it has for rebuttal purposes un-
less At Is essential to the prosecution
before then.
Counsel for Macdonald are much
pleased over the decision of Justice Bar
nard that the jury in the case may re-
turn a first degree murder verdict with
the qualification that the penalty i'm
posed shall be life Imprisonment and
not death on the gallows. Thus the de-
fendant has chance to escape capital
punishment, even though convicted of
first degree murder.
pannelff,g. the jury. When court con-
vened this afternoon thirty talesmen
had been examined, and of that num-
Der ten had been challenged by the de-
ecution. Each side Is entitled to twenty
challenges 1t is believed counsel for
the defense will exhaust all theirs be-
fore agreeing to a jury.
The prospects are that the jury will
not be obtained before late this after
nv
Government, it is believed, will not he
made before tomorrow.
Prisoner Visible Elated.
Macdonald also was visibly elated
over the first victory of the trial and
seemed to take new interest in the
proceedings. He frequently whisper
ed to his attorneys in the examination
of talesmen and several were excused
on his suggestion. He intently scan
ned the faces of all the prospective
jurors and apparently saw several
familiar faces though he gave no sign
of recognition.
District Attorney clarence II. will
son personally is conducting the
prosecution, assisted by James M.
proctnr and s: McCemas Hawken, as
The District Attorney pressed the
talesmen with a query as to whether
they would return a verdict Of first
degree murder with the qualifica ton
simply because they had the chance,
and the court held the respective at
torneys could only examine as to
whether the prospective jurors had any
It Is expected that the different phases
Of the question Of a qualified verdict
eohtestea point 'by po oila.
the s11ntted. States ,AttorRey being in
tent on sending Macdonald to the
galiows. while counsel for the defense
hope to save their client from the
death penalty, in any event.
) o.. Defense Gains Point.
Counsel for the defense, Daniel W.
Baker, James A. O'Shea, and r. l..
Montague, raised the point that Sec
ton No. $50 of the new penal code, al
lowing the qualified verdict in ques-
ton, applied in the District. District
Attorney Wilson combatted the cues
tion,. and both sides submitted briefs
to the court with the understanding
today.
In, holding that that section applies,
Justice Barnard agrees with Justice
Anderson. However, Justice Wright has
jury in the District cannot Qualify q
first degree murder verdict.
Why Macdonald shot down His young
wife, Gertrude 8. Macdonald, in the
corridor of the Colorado building. on
May "a, last. remains the same mys-
terry that 1t was at the time Of the
tragedy, and no motive has been UNI
earthed by the Government. 1t has
been reported and even assumed in
some quarters that the Staying Of Mrs
Macdonald without a moments warn
Ing was due to quarrel over money
matters, but the United States Attor-
ney's office and detectives who have
worked on the case are not convinced
of this.
Possible Motive
Did Gertrude S. Macdonald know
the secret of her husbands past life and
threaten to expose it during the alterca-
ton on the fifth floor of the Colorado
building? That is a question that has
forced the attention of the Government
prosecutors.
There Is a logical belief that Mrs
Macdonald, perhaps, knew more of the
accused mans record than she ever dI-
vulged to members of her own family.
and that it may have cost her her life
The star witness for the Government
of the slain woman, who has advanced
the theory that Macdonald Is George
Gillette. formerly of New York city.
Mrs. Rillup accompanied her sister to
the Colorado building on the day of the
shooting. and was on another floor when
she heard the three shots. She was the
last person to tall; to Mrs. Macdonald,
aside from the accused man, before her
death, and 1t is possible that her testi-
mony will show the motive for the
crime.
By means Of letters Mrs. Billup came
to tho conclusion that her dead sister
never knew her husbands true identity.
At least, size asserts Mrs. Macdonald
never Srevealed the secret to her rela-
tives. If Macdonald ever conhded In