The Washington times., 1920-06-09

MOVES BEATEN
Defense Falls In Effort to Get
Admission Third Degree
Was Used.
CONTINUED from First Page.)

(Continued from First Page)
admission OF the killing OF Mulcare
or Detective Armstrong.
As.istant United States District At
torney Paul B. cronelin, who with
Chief Assistant James b. Archer. Is
prosecuting the case. brought out In
Thompson's testimony that exami-
nation of Savage automatic revolver
used by McHenry In killing Armstrong
showed the shell OF the last OF the
three cartridges fired had been jam
med in the weapons chamber. II
apparently was the prosecutions In
tention to show that on this account
McHenry could not use the revolver
any further against Armstrong or
other OF his captors.
Heard shots 4. Basement.
"I was in the basement OF Union
Station when l heard the shots fred
at Armstrong" Thompson testified.
az hurried to the auditorium Rnd
found Armstrong. although struck by
three of McHenry's bullets. struggling
with the defendant.
after Detective Armstrong had
been sent to Providence Hospital.
McHenry was taken to the police
room In the terminal. Detective
James e. Springman searched the
prisoner and found a wad OF money
in McHenry's pocket. he money was
crushed and crumpled. and indicated
II had been showed quickly into the
pocket. We ais ofound Mulcare's
wallet, a hashIight, a can opener. and
Mulcare's revolver.
"McHenry then was taken to Casu-
atty Hospital, because he seemed
faint. Later he was removed to Po-
lice Headquarters and questioned by
Inspector Clifford l.. Grant, to whom
he made a statement in my presence
OF the staying and robbery. He talked
freely"
This statement was admitted into
the record by Justice Gould over the
objection Of counsel for the defense.
CoIored Man Recalled.
William Loving. colored employe OF
the War Department, who lives at
1897 v street northwest. was recalled
to the witness stand this morning.
for merly wasin the employ OF
Mr.. Mulcare, and was in the shop
when McHenry entered and asked for
q pair Of gloves
"McHenry shouted. 4 don't want
any gloves" testified Loving. 81
want your money Mr.. Mulcare went
to the cash register and was followed
by McHenry.
Mulcare got a revolver turned
around and fired a shot at McHenry."
Mr.. Mulcare's revolver was intro
duced and testimony was given that
when It was taken from McHenry
there was one empty shell in Its
chamber.
"what did ou do them" asked
Attorney Hawken
."I ran out the back door"
DiA Not See Shooting.
"Then you didn't see the defendant
shoot Mulcare?'
mo; had gone out the door when
I heard the second shot fired"
Attorney Hawken attempted to OBJ
tain from the negro a statement THAI
when Mr.. Mulcare got the pistol from
the drawer near the cash register the
pleaded with him not to
shoot.
Didn't McHenry say. Don't shoot.
and didn't Mulcare then reach around
and fire on the defendant"
"No; / do not recall McHenry say
ing that" replied the witness. Loving
also denied that Mulcare had snapped
the trigger OF his revolver twice be-
fore it exploded.
Although Justice Gould ruled Mon
day against the admission of any ev-
dence of the shooting and robbery of
Mulcare, today he admitted this line
of testimony, telling the jury from
the bench that 1t was only to be con-
sidered as a proabble motive for the
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