Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-04-17
STRIVE TO PROVE
USE OF TORTURE
More Witnesses Testify as to
Third Degree" in Nc
C|eary Case.
FATHER TELLS OF BAR
AGAINST SEEING SON
Efforts Also Made to Prevent Physi-
clan From Visiting Accused
Man, Is Charge.

|
| ROCKVILLE, Md, April 17-More tes-
| timony that third degree" methods had
been used in obtaining confession from
Norman B. McCleary. in which he is al
| legged to have admitted killing Mrs Nan
ME B. Henry Of Hagerstown last August.
was brought in the trial today. The de-
| Tense is endeavoring- to prove that Nc
| Cleary was treated improperly and a con-
| fession forced from him, and also that
he was in an extremely nervous and ire
! sponsible state of mind at the time he
made the alleged confession.
! 1t is believed that evidence along this
line will be concluded late this afternoon.
and that the judges sitting in the case
then will be able to give opinion as
| to whether or not the confession will be
| admissible as testimony.
| The contention over the confession oc-
cupied practically all the time today,
much evidence being produced to bear on
this point.
I Father on the Stand.
Jacob McCleary, father of the defend
ant, testified that when he went to the
| Jail Saturday evening following his sons
arrest, he was sent to see man, sup
been refused Ambulance on the grounds
that instructions had been given to al
low no one to see the prisoner
/ That special efforts had been made to
prevent a physician from seeing Nc
/ Cleary after the alleged confession had
| been made was brought out in the testi-
mony of other witnesses. Frank G.
/ Wagaman. one of the counsel for the de-
4 PENDANT testified that when he, Charles
ID. Wagaman and DR.. Campbell went to
the Jail the Monday following the con-
fession that the physician had hardly
i entered the cell when told he could not
stay
j Sheriff Snively explained that in an in
terview with the counsel the states at
i torney had given instructions that no one
was to see the prisoner Until things are
Strengthened out This statement of the
interview was corroborated by Charles
\ d. Wagaman and the sheriff's counsel
/ George Davis.
/ Michael Kish, trusty at the Jail at the
time of ,McClearys arrest. said the ghost
act had been done the first night Nc
/ Cleary was brought to the Jail. He also
| testified that he had seen many persons
4 coming to the Jail that night up to as
late as II o'clock. and that McCleary
had screamed nearly the entire night.
j Testify as to Confession.
4 Yesterday was devoted to examina-
/ tion Of witnesses as to the circum-
/ stances under which the confession
| McCieary is alleged to have made was
obtained.
McCleary was among the witnesses
| placed upon the stand. He al
lowed to be questioned only as to the
| incidents leading up to the confession.
| The story he told was sensational.
! McCleary swore that Immediately
| after his arrest in Washington. where
he was held several DAYS. the third de-
gree. process was tried on him by AS
sistant United States District Attorney
| Hawken and two detectives and that
several other times before he was
| taken to Hagerstown similar tactics
were resorted to in an effort to get him
| to confess.
| In the Jail at Hagerstown. he said,
everything was done to make both night
and day hideous He declared that not
only was food withheld from him until he
was weak but that the night before and
also Immediately before he signed a pa
per drawn up by States Attorney VIOLIN
ger of Washington county means and
groans We're made to emanate from imme-
diately behind his cell and a voice was
! heard to say in pleading tones, Don't
kill me- and Don't choke me to DEATH"
and that figure clad in white sheet
repeatedly passed up and down the dark
jail corridor in front of his cell. uttering
weird noises.
Charges Use OF Profanity.
/
| McCleary further testified that pro-
| family was hurled at him by the officers
| that an electric searchlight was flashed
| into his eyes at frequent intervals during
| the greater part of one night and that
| upon being taken before Miss Lupah.
! Henry, daughter of the dead woman,
| States Attorney Wolfinger suddenly
| pointed at the girl and said in a savage
voice. Look at that poor unfortunate.
orphan girl and say YOU did not kill her
! mother.
| McCleary declared that the ordeals to
/ which he was subjected completely un-
| nerved him. and that while on the verge
! of mental and physical collapse he
! agreed to make the statements urged by
| the authorities. and to sign whatever
paper they presented in the hope Of end
| ing the torture. He said that he was in
such a nervous condition that he neither
| knew nor cared what he said or signed.
| Lloyd Plunkard, who was prisoner
| in the Hagerstown Jail when McCleary
was brought there. told about overhear-
ing States Attorney Wolfinger urge Nc
to