The Washington times., 1920-06-08
M'HENRYGR|NS.
AT CRIME TALE.
Youthful Slayer Of Two Also
Sneers as Eyewitness De-
scrIbes Station Tragedy.
CONTINUED from First Paxe.)

patient At providence Hospital the
same treatment you give In ordinary
gunshot wounds" Dr.. Hume was
asked by Assistant District Attorney
Paul b. cromelin. who. with James
G. Archer. another assistant, is prose-
cutting the case for the Government.
Yes" declared the witness.
II apparently was the intention OF
the defense to show that Armstrong
had rallied from the bullet wounds
and that his death several days later
was due to other causes.
Many women were among the spec
tators in the court room today. Nc
Henry's mother. Mrs Austin Rice, OF
New London Conn. was not in the
court room. She has been summoned
and probably will be called to the
stand tomorrow.
Defense Scores Point.
The defense yesterday afternoon
scored point when 1t succeeded in
having Justice Gould rule the prose-
cution must eliminate. in its address
TO the jury. any reference to the actual
killing and robbery of Mr.. Mulcare
by McHenry. This ruling was be-
cause of the fact that McHenry Is
being tried for the staying OF Detec-
tive Armstrong, and not for the death
of Mr.. Mulcare.
The issue arose when Assistant
United States District Attorney Gro
melin was making his opening ad-
dress, relating the circumstances OF
McHenry's arrival in the Capital on
the night before the killing Of Mr..
Mulcare and Detective Armstrong.
Had Described Hold-Up.
''McHenry came to Alexandria, Va,
on a freight train from Detroit,
Mich. said Mr.. Cromelin. According
to the confession and statements he
made after the staying of Mr.. Mulcare
and Armstrong. McHenry walked
from Alexandria to Washington. He
was seen loitering about Mr.. Mul-
cares store before he entered 1t. He
admitted he had no money. that he
went into the store to rob Mulcare.
He said he asked for a pair of gloves.
When a pair were shown him, Nc
Henry said, they were too large. He
then shouted to Mulcare: II don't
want any gloves-I want your
money" Mulcare pleaded with him
not to shoot telling the boy he would
give him his money.
Mulcare then went to the cash reg
lister, but instead of handing over
his money to McHenry he got his
revolver and fired at the defendant.
The defendant then. we intend to
prove, dropped below the counter and
fired at Mulcare. The bullet struck
Mulcare, and he fell in heap to the
floor. We intend to show that Nc
Henry then went behind the counter
and took Mulcare's money and pistol
More than 1853, some of Mulcare's
papers. the shopkeeper's revolver,
and flashlight and canopener were
round in the defendants possession
following his arrest"
References Arc Stricken Out.
1t was at this stage of his address
to the jury that Mr.. Cromelin was
stopped by the court on motion Of
Attorney Hawken, of counsel for the
defense. Mr.. Hawken argued that
the prosecution was going beyond the
limits Of legal procedure in attempt
ing to show what the defendant had
done prior to the actual killing OF
Detective Armstrong for which crime
lie was being tried.
After the jury had been excluded
and the arguments heard. Justice
Gould ruled that Mr.. Cromelin con-
fine his address to the actual details
of the killing of Detective Armstrong,
eliminating the circumstances OF the
death and robbery of Mr.. Mulcare.
and to indicate the motive for the
Armstrong killing to the issue that
McHenry was a fugitive for a felony
and feared arrest when he shot and
killed the detective. The other ref
erences to the previous crime were
stricken from the record.