Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1914-03-27
New Light On Murder.
From the Baltimore Sun.

Following the everything by the Court @
Appeals of the defense's petition for re
argument of the case of Norman Bruc
McCleary, his counsel. it is understood
will make last desperate attempt to hav,
Gov. Goldsbofoueh pardon him. on thu
ground that there was reasonable doub
of the cause Of death of McCleary's victim
McCleary is now serving life term in the
penitentiary for the murder of Mrs. Annie
B. Henry, his sweetheart's mother, at Ha.
gerstown.
The new move of McCleary's attorneys
revolves around DR.. Henry C. Branham, as
sistant to DR.. N. G. Keirle, Baltimore's post
mortem physician. DIR. Branham conduct
ed the autopsy on Mrs. Henry's body and
testified at the trial at Rockville as one of
the important witnesses for the State. His
lungs and throat indicated that death had
resulted from strangulation and that the
hyod bone was broken and the trachea
bruised, indicating strangulation by throt-
Ting. Subsequent investigation. it is said,
caused DR.. Branham seriously to doubt his
testimony at the trial.
1t was in an entirely accidental manner
that DR.. Branham had his doubts raised.
He was performing an autopsy on the body
of an infant found dead with towel knot
ted about its throat. Death had resulted
from spontaneous hemorrhage To the
young assistant spontaneous hemorrhage
and strangulation were synonymous. but
in discussing the case with DR.. Keirle he
learned from the expert that such was not
always the case. DR.. Keirle said it was
possible to have spontaneous hemorrhage
caused by other means than strangulation.
This caused DR.. Branham to revert to the
McCleary case and caused him much I'M
easiness. The condition of the body of
Mrs. Henry had shown death to have re-
suited from spontaneous hemorrhage and
the -strangulation the next
natural basis.
Constantly the case and his line of tes-
timony kept recurring to him. II worried
him very much. His testimony at Nc
Cleary's trial had been practically ex parte
and disinterested He could report only
the results of his examination.
AT that time no question arose in his
mind as to the merits of his testimony.
There was a certain method of procedure
in autopsical work certain conditions in
dictated specific causes. These he had adj
hered to with strict fidelity, his industry
and thoroughness being impelled by his
modelling Of his work along the line of his
noted superior.
He disregarded these features in his con-
sideration OF the startling field of specuIa-
tion opened by DR.. Keirle. and, in fact, be-
came so afraid that he might have made
an error or reached a wrong conclusion that
recently when he met McCleary's counsel.
Charles ID. Wagaman. Of Hagerstown, he
grasped the opportunity to tell of his feel
ings. To further insure that there might
not be any miscarriage Of Justice or any
wrong impressions he consulted with At
torney General Poe and related to him his
anxiety.
The Attorney General seemed to feel that
the medical side of the case was minor
one compared to McCleary's confession, but
to assure Dr. Branham he went to Annapo-
lis Thursday to present DIR. Branham's side
to the Court of Appeals.
L. A. T.. -.
prisoners counsel, in the argument for a
reopening Of the case, had embodied the
post trial data Of DR.. Branham in an aft
davit to the Court Of Appeals and, on learn
ing of this and also that the reargument
had been denied after the presentation Of
this affidavit, the Attorney-Generald did not
further press the Branham information.
With the appeal for a reareument denied.
McCleary's only hope for release lies with
the Governor. In view Of this, Attorney
Wagaman will adopt the only remaining
means Of obtaining his clients liberation
from the penitentary.
In this appeal for executive clemency,
| il is understood that the attorney will en-
phasize the reasonable doubt raised by
Dr. Branham's conversation with him.
That is the only line. for 1t is now too late
to learn If there could have been any error
in DIR. Branhams conclusions. The body
Of Mrs Henry has long since been inferred
and second autopsy would be futile.
The McCleary case excited widespread
interest. both in the preliminary steps in
in the arrest Of McCleary and his trial
Mrs. Henry was found dead in bed at
her home in Hagerstown in the summer
Of 1912. She had been dead for several
days. The coroner called in gave a certifl-
cate of death from natural causes. Marks
were discovered on the body and the sus-
piciOn Of foul play was created McCleary's
arrest followed and he was tried and con-
victcd in the Circuit Court for Montgomery
County Of numbering Mrs. Henry.
The testimony at the trial and the sub
stance Of the much-discussed confession
OF McCleary's was that McCleary and his
sweetheart. Mrs Henry's daughter. had a
quarrel and that the girl had left for Wash
| ington.
II was several days before the girl wrote
her mother where she was staying. and in
the meantime McCleary called on Mrs.
Henry and demanded to know the where
abouts Of the girl Mrs. Henrys ignorance
Of the girls address was taken by McCleary
as refusal to tell him and in the quarrel
which resulted the woman was alleged to
have been killed.
Two days later McCleary returned to the
Henry home. where the body still lay. and
found letter from the girl to her mother.
giving her Washington address. McCleary
went to Washington and met the girl and
it was his confusion afterward In explain
ing how he learned the girls address that
caused SUSPICION TO be Tiyeted on him