Evening star., 1913-04-23
SAYS WOLF|NGER
THREATENED HER
MCCIeary Murder Case Wit
ness Testifies Against
States Attorney.
SOUGHT TO PREVENT AID
FOR DEFENSE, is CHARGE
Man Accused of Staying Mrs. Henry
Seems Depressed in Court for
First Time.
Dispatch to The Star.

u l1St L 1luCs
Special Dispatch to The Star.
ROCKVILLE. Md. April 25.-That
states Attorney Wolfinger had threat
ened her if her sister testified for the
defense was the assertion made today
by Mrs. Mamie South of Hagerstown,
in testifying in the case OF Norman g.
McCleary, who is being tried here Tor
the alleged murder of Mrs. Mamie b.
Henry last August at HagerstoWn/ she
said that the states attorney had ask
ed her if her sister in Pennsylvania
was going to testify in McCleary's be-
half and that when she answered sne
did not know he had spoken to her In
rude manner and threatened her.
Mrs. South testified that just before
McCleary left her house where he had
been rooming last summer. she had
seen him take roll of bills from MS
pocket from which to get some money
for a little girl. This, she said, was
on the day before Mrs. Henry was al
legged to have been killed, and this
evidence was in direct refutation OF
the contention of the prosecution that
McCleary had no money except that
which he is alleged to have taken from
Mrs Henry after her alleged murder
Evidence for Defense.
Most of the evidence introduced by
the defense today was with view to
refuting contentious of the prosecu-
ton and of the confession" Robert
Coffman. an undertaker's assistant.
testified that during the course of pre-
pairing Mrs Henry's body for burial
he and w. c. Ash, relative of the de-
ceased. had taken off her stockings.
Both were fastened at the top he saio'
by garters. which were still tied. In the
stocking taken of by MT. Ash' tne un-
dertaker's assistant testified. buiglng
black pocketbook had been found VI
this. he said MIR. Ash had taken charge.
Miss Pearl Wiley testified that on the
night of the alleged murder McCiear!
Sheriff Snively of Washington county
said that in a conversation with Nc
Cleary following the making OF the con-
fession'' McCleary had said: II did not
mean to kill her. L just cnOkeo ner
little too hard.
McCIeary appeared detected for the first
time today He told Chief Deputy ShVin
Peyton Whalen, who has him In charge,
that he was greatly disappointed to think
that the confession" which was admit
ted at special session of the court last
night, was to be allowed as testimony.
Prosecution Scores.
The prosecution scored heavily at a
session of court last night in the trial of
McCleary. when the court, by vote o.
tvo to one. decided to admit as evidence
the confession McCleary is alleged to
have made.
Chief Judge Hammond Urner .dissented
from the conclusion of his associates
Judges Edward c.. Peter and Glenn H.
worthington, and expressed the opinion
that the confession should not be ad-
mitted. He said that he d. net mean
10 intimate that the Washington county
officers had terrorized the prisoner. but
that the evidence showed that they had
been unduly persistent in their efforts
TO obtain the confession in the face of
repeated denials of guilt by the defend
ant He also said that the state had
erred in depriving McCleary of the priv
fIege of consulting counsel before the
confession was made. and added that
from all the circumstances in the case
and from the trend of the opinions of
the Maryland court of appeals he could
rot bring himself to believe that NC
Cieary was in a proper mental condl-
ton to make voluntary confession.
Argued Several Hours.
The decision of the court on the inn
portant point followed several hours of
case about the middle of the afternoon
and Charles D. Wagaman OF. counsel for
the defense made the opening argument
upon the question of the admissibility of
the confession States Attorney Scott NJ.
Wolfinger of Washington county followed
Mr.. Wagaman.
According to the evidence McCleary's S
confession was signed by him in the
turnkeyis room in the HagerstoUn Jail
in the presence of States Attorney Scott
NJ. Wolfinger. George w. Fridineer, chief
Of police for Hagerstown: Thomas H.
Barber. lieutenant of police for Hagers-
town. and Depaty Sheriff Isaac Long. all
7 of whom signed the confession as wit
neSses.
Purported Confession.
The paper is dated August "a 1912.
which was five days after McCieary was
arrested in Washington, and is as fol-
lows:
II, Norman Bruce McCleary of Hagers-
. town, Md, do make the following true
statement of facts concerning my con-
nection with the death of Mrs. Mamie
Henry of Hagerstown. Nd:
.'On the night of Thursday, August 15
1872. at about IL o'clock. / wer.s through
Hulrs alley. through Funk's stable and
over the fence back of the Henry house,
and entered the Henry house through the
back window. which | raised. From the
Henry kitchen | went into the dining
room. the door Of which was not locked
and went upstairs into Mrs. Henry $
bedroom. Mrs. Henry was on the bed
and ! asked her where her daughter
Lupah was. She said she did not know
j became angry and grabbed her by the
neck and choked her to death. She
struggled for a little while. but soon
ceased. Her dress was up about her
knees. and l found her money in heI
stocking. | recollect taking $33 among
which l recall two ten-doliar bills, and
went out OF the house the way I entered
and to the street the same way came
in
Looked for Letter.
The following night, about IL o'clock
again went into the Henry house In the