Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-04-16
TH|RDDEGREE USED,
CLAIM OF DEFENSE
Attorneys Object to introduce
ton of Alleged Murder Con-
fession as Evidence.
OFFERED IN THE TRIAL
OF NORMAN B. McCLEARY
Hearing at Rockville for the Kill.
ing of Mrs. Mamie B. Henry
at Hagerstown.

| Special Dispatch to The star
| ROCKVILLE. Md. April 16.-Assertins
that third degree methods had beer
| used to extort a confession from Norman
Bruce McCleary of Hagerstown for the
| murder of Mrs Mamie B. Henry in Au-
| gust last his attorneys today cndeavoret
| to have the court refuse to permit tn.
confession to be used as evidence. Nc
Cleary's trial started in the circuit cour
| here yesterday morning before Chie
Judge Hammond Urner and Associate
Judges Edward c. Peter and Glenn II
Worthington
| Charles u. Wagaman, one of the at
torneys for the defendant. asserted to-
day that the defense would prove that
sheet had been used to brighten Nc.
Cleary into confessing to the crime and
| that other improper methods had been
adopted Witnesses heard today included
Chief of Police Fridinger Of Hagerstown
Howard Snively, turnkey at the Hagers-
town Jail; Isaac Long, deputy sheriff OF
| Washington county; Thomas Shiveiy
sheriff OF Washington county, and Scott
| NJ. Wolfinger. prosecuting attorney for
the same county.
All of these were called by the prosecu-
| ton.
Howard Snively. the turnkey. said a
sheet had been used las a joke on one OF
been used to frghten the accused man.
McCleary's Confession Contested.
1t developed yesterday afternoon tina,
the big fight will he over the admission
as evidence of the alleged confes-
sion. The contention of the prosecution
is that the defendant voluntarily told
| what he knew about the death of Mrs.
Henry, but the defense claims that the
alleged confession was extorted from Nc
Cleary after he had been subjected to
the third degree and was i'm a state of
mental collapse as a result of the ordeal.
The question of the admission of the
alleged confession was raised when
Thomas H. Barber, Hagerstown police
man and former sheriff of Washington
county, was placed upon the stand
When questioned as to what he had
heard McCleary say in the Jail at Hagers-
town the Saturday after his arrest. coun-
sci for the defendant objected on the
ground of failure to show that the So
called confession had not been induced by
promises or the third degree The court
directed that other witnesses be exam
ined along that line before the question
of the admissibiIfty Of the confession be
passed upon. Barber was temporarily
excused and George w. Pridinger chief
Knows of No Threats.
Pridinger swore he had no personal
knowledge that any inducements had
been held out to McCleary or threats
made. He admitted, however. that he
knew the defendant had been closeted
| several times with States Attorney
Wolfinger and other officers. and that
once the prisoner was locked in a
room with them for more than two
hours. He also testified that he had
refused to comply with a request OF
the defendant that he procure him a
lawyer, explaining that the state
attorney had directed him not to de-
| liver any messages for the prisoner
| Upon the conclusion of Pridinger
testimony, court adjourned until this
morning.
McCleary has been perfectly COM
posed throughout the proceedings and
takes keen interest in everything
that transpires. Since the trial be-
gan his father, brother and brother-fp-
law have been in the courtroom and
have talked with him at different
times
Miss Lupah Henry Witness.
Miss Lupah Henry. daughter of the
murdered woman, with whom McCleary
is said to have been infatuated, will be
one of the principal witnesses for the
prosecution. She arrived in Rock
vile yesterday. but did not enter the
courtroom during the day. 1t is
thought she will be placed on the
stand today.
About the only material testimony
presented yesterday was that of DIR.
H. c. Rranham, deputy coroner for
Baltimore city who conducted the
autopsy, and DIR. r. Wroth, Hagers-
town surgeon, who assisted. Both
ha h2
Mrs Henry had died from suffocation
Snnarindnced by STANDARDIZATION.