Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-04-18
Witnesses Blame "Third De-
gree" for Condition of Al
legged Murderer.
SAY HE SIGNED PAPER
TO ESCAPE TREATMENT
William Kendall, Fellow Prisoner at
Jail, Says Defendant Fought
Imaginary Objects.
Special Dispatch to The Star.

Special Dispatch to The Star.
ROCKVILLE, Md. April 1S.-That Nor
man b. McCleary, now being tried in the
circuit court here for the murder of Mrs.
Mamie b. Henry at Hagerstown last Au-
gust, was nearly delirious and frantic
from the treatment he had received in the
third degree methods used in forcing
confession from him, was testified to by
several witnesses today. Testimony was
given that McCleary made numerous ir-
rational statements at the time and that
he had paced the floor of the Jail all one
night fighting imaginary objects with pill
lows and towels. In one instance 1t was
testified he had begged to be allowed to
go home to get an undertaken to bury
all the family-they are all dead
Frank D. Wagaman, counsel for the
defense. resumed the stand today. He
stated that McCleary had told him that
he (McCleary) had been kept in a dark
room. and that he was promised to be
allowed to go in with the other prisoners
if he would confess. Mr.. Wagaman also
said that McCleary had told him that
"he knew how to confess.
Ignorant of Papers Contents.
Mr.. Wagaman said McCleary had ad-
mitted to him that he had signed a paper,
but said he did not know what the paper
contained. ''McCleary said he would
have done anything to escape the treat
ment to which he had been subjected. -
declared Mr.. Wagaman.
William Kendall of Smithsburg.
Washington county, who was prisoner
in the Jail during the time McCleary
been kept in solitary confinement un
til he made the confession. After that
he was allowed to go with the other
prisoners and Kendall was told to
watch him, Kendall testified. when
the others were locked in their cells
at night" Kendall testified, "McCleary
and l were allowed to remain out. Nc
Cleary was in a high state of excite
ment and walked up and down all
night, fighting imaginary things"
Daniel w. Doub. police justice be-
fore whom McCleary was given his
preliminary hearing, was called to the
witness stand late this afternoon.
Detectives Deny Sweating"
Yesterday afternoon Assistant United
States Attorney Hawken and Detective
Clifford Grant of Washington were
placed on the stand by the prosecution
to contradict statements made by Nc
Cleary in his testimony Wednesday to
the effect that he had been subjected
to the third degree" by Hawken and
Grant while he was being held in Wash
ington, where he was arrested by De-
tective Grant for the Hagerstown author
tiles. Both denied that the tactics re-
ferred to by McCleary had been resorted
to in Washington.
Messrs. Hawken and Grant We're the
last to testify as to the methods adopted
to bring about the confession and inquiry
into the mental condition of the defend
ant at the time he confessed was begun,
Frank G. Wagaman of counsel for the
defense being the first witnesses to take
the stand.
Mr.. Wagaman testified that when he
and his brother. Charles d. Wagaman,
who are leading counsel for the de-
PENDANT, first saw McCleary in his cell
at Hagerstown, the afternoon after he
had made the confession, they found
him pacing up and down his Cell in a
highly excited condition.