The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1918-06-24
DEFENSE Wins 1ST
ATTEMPT At DELAY
IN 4JITNEY TRIAL
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validity Of the indictment that would
cause trouble after we have gotten
into the trial, would prefer to have
another grand jury drawn and a. new
indictment found" Commonwealth
Attorney. Ball told the court
Il would like to hear the record In
the case so far, and Il the representa-
tions made by the defense are as out
lined in the motion to quash, there
is but one course" said Judge Cool
rick. 81
1t was explained that the special
grand jury had been chosen from a
list OF veniremen that was seeing
service about the time that the three
prisoners were brought to Alexandria
county. -
Because OF the gravity OF the
case, /, therefore, direct that an or
der to quash be entered, and the
commonwealth attorney will proceed
to furnish the court with the jury
list that a special grand jury may be
drawn for consideration OF the case
at 10 o'clock tomorrow morning" the
court directed 81
Attorney Ball stated today that not
more than two or three hours would
be consumed in outlining sufficient
facts before the new grand jury. The
soldiers and the woman can then be
arraiRned, he said. 1t is probable
that the arraignment will be some
time tomorrow afternoon, or Wednes-
day morning.
Only the Beginning.
That motion to quash was only
the beginning" Attorney Amos c.
Crounse, 90 associated with Attorney
Thomas in the defense, told The
Times representative. I'VE have
many more motions and demurrers
that will come later"
Asked IL the defense had agreed on
the course It will follow, Attorney
Crounse repeated that "all we can
say now is that we have many mo-
tions to make before the case ever
goes to trial"
William c. Cloth, named by the
court to represent Mrs. Burgess, will
ask for q separate trial for the WON
an. They were indicted Jointly. and
1t is probable that q joint Indictment
will be asked when the special grand
jury investigates the case tomorrow,
but this would not debar him from |
asking a separate hearing.
Gamble, Newman, and the Burgess |
woman were brought into the court room |
llAS At 4O.lu o CAOCh W O1CA IA
Howard Fields and Jailer Clack. The |
soldiers were wearing uniforms. and the |
woman WAS wearing a white shirt waist |
and black silk skirt
Gamble and Neman were handcuned |
together.
Stood At AttentIon.
As Deputy Clerk Thomas read the in
dictment, reciting the Erewsome details \
Of how the soldiers slew Werres on May |
10 last by crushing his skull with n beer
bottle and a bar OF iron. the two soldiers /
stood at attention and looked straight
ahead The woman closed her eyes. her
head hung low on her breast, and she
her thumhA She seemed to
finch when the clerk In reading. several
times mentioned her by name.
When they realized that the court
had Quashed the indictment and
thereby delayed for q day at least
the trial of the case, there was re-
lief written on the face of each. The
woman smiled and the two soldiers
appeared more at ease than when
they frst came into the courtroom.
Mrs. Burgess father, from Laurel,
has visited her on several occasions
at the Alexandria county jail, but SO
far no relatives Of the two soldiers
have seen them. Their attorneys
said today that because OF the dis
tances, th0ir relatives would prob
ably not appear at the trial Gamble
Is from a mining town in Pennsyl-
Vania and Newman is from Q farm
In Texas.
Takes Nine DayH-
at requires nine days for q letter
10 reach Newman's homo and four
days to reach CANDLES home, SO It |
would mean a long trip II relatives
were to come to the trial." Attorney
Thomas told The Times represents
tive.
The proceedings today marked the
irst court step IN a trial that prom
ses sensational Developments. The
murder of Werres was one OF the
most brutal committed in Washing
ton or its environs IN years. The
iitney dryer was employed by the
Two soldiers to take them and the
girl for hoy ride"
Werres and the trio left Washing
on and drove into Virginia WeTres
never returned. Several days later
his lifeless body was found in q
wood near the road from Washington
% Alexandria