The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1921-10-25
Returns Separate Bills
Against Two Accused
Of Crime.
TRIAL DATE is SET
FOR DECEMBER Is
Defendants Say Change
Of Venue Will Be
Unnecessary.
By J. HAROLD KEEN.

BY J. HAROLD KEEN.
Cstaf Correspondent Of Washington Hsrsld.)
MoNTROSS. Va. Oct. 24.-Sep-
arate indictments charging Roger
ID. Eastlake and Miss Sarah E.
Knox with the brutal murder of
Mrs. Margaret E. Eastlake. wife of
the accused man. at Colonial Beach
on the morning of September 80,
were returned late this afternoon
after an all-day session of the
Westmoreland County grand jury.
more than three hours of which
were given to the hearing of testi-
mony In the Eastlake case.
The date for the hearing of the
case before a special session of the
Westmoreland County Criminal
Court was set for Tuesday, Decem-
Der IL. by Circuit Court Judge Jo-
seph Wilson Chinn-who will pre-
side at the trial-after a lengthy
conference with the attorneys for
both the prosecution and the de-
tense.
Asked Separate Indictments.
Although it Is customary for the
grand jury to return a joint indict-
ment in a case where two persons
are charged with the same muir
der. the request for separate indict-
ments was made by Commonwealth
Attorney Watt T. Mayo for "rea-
sons which he did not care to re-
veal at this time. but which would
be made evident when the case Is
called for trial"
n
ers will be called for trial first has
not as yet been decided by the pros
ecutins attorneys. but Il was stated
TODAY that Eastlake, in all proba-
bility will be the first to face the
jury.
Aim to Convict Woman.
The reason given for this plan
was that the prosecution believes
enough evidence has been gathered
To establish the guilt of Miss Knox.
and should she be convicted before
Fastlake, of whose guilt they are
less certain, any statement she
might make that would strengthen
the case against the man could not
be used as legal evidence.
The Commonwealth attorney. who
will conduct the case for the prose-
n.
the defense, William W. Butzner, OF
fredericksburg. representing East
lake, and Harry w. Smith, IT.. Of
Richmond, and F. W. Coleman. Of
fredericksburg. representing Miss
Knox, that definite information re-
rarding which of the two accused
persons will first be called for trial
will be forwarded to them within
the next few days
Defense VIII See Exhibits.
Immediately after the date for
the trial had been decided the at
torneys for the defense who have
not yet viewed the evidence collect
ed by the police authorities of CO.
lonial Beach and Richmond, were
granted permission to examine the
exhibits, by the Commonwealth at
torney. The exhibits were previous
ly shown to the grand jurors.
During the conference the ques-
ton of a change of venue and of
selecting a jury from among resi-
dents of county other than West
moreland was raised by Judge
Chinn, with the result that the at
torneys for both defendants ex-
pressed the belief that these steps
were unnecessary.
CONFIDENT Of Fair Trial.
'T feel certain that both of the
prisoners will be given a fair and
impartial trial in this county. and 1
believe that a fair-minded jury can
be selected from the residents of
this county. provided they are Sc
1ected from a section not In the i'm
mediate vicinity of the crime" said
Attorney Smith. This decision was
agreed to by Attorney Butzner.
Judge chinn sdeclared that the
prisoners could feel certain of a
fairstrial. and that he did not an
ticipate any trouble in the proceed
ure attending the impaneling of a
jury.
IT shall summons at least fifty
veniremen so that even though a
large number may be rejected a
jury can be selected in a short
time" said Judge Chinn.
Legal Fight Anticipated.
The trial will be a battle of legal
strategy, with some of the leading
barristers of the State of Virginia
on the opposing sides, according to
the developments today when 1t was
announced that Thomas Lomax
Hunter, State legislator for King
George and Stafford counties. would
assist Commonwealth ATTORNEY
Mayo in the conduct of the prose-
cution-
In the opposing ranks will be
Harry w. Smith, jr.. of Richmond,
who was the defending attorney in
the notorious Henry Clay Beatty
case eleven years ago, and William
w. Butzner. of Fredericksburg. for
mer State legislator and common
wealth attorney for Spottsylvania
County.
Fund Aids Prosecution.
Interest of the residents of
Colonial Beach In the case and an
example OF the attitude which they
hold toward the accused persons was
evidenced today by the announce
ment that the retaining fund for
Attorney Hunter, who will assist in
the prosecution. had been secured
by subscription among the residents
of the town in which the crime was
committed.
The members of re grand jury
which returned a tue bill against
the prisoners were2
w. B. Allen. T, M Armest. r.. e.
redoo. ]. N. Brfhson. w. M. Hall.
g. l. BaIderson/6. C. Brown, w. II.
J England. L Battaiis. Thomas