The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1923-07-26
WILL AS K
T RI Y
Continued from First Page.)

fused to accept the attorneys state
Nnent as q. definite announcement.
Kepner might change his minC
before the trial the judge said. At
torney Weinberg told the court HI
felt sure that when the trial opened
Kepner would elect to be tried be
fore the judges. The trial is ex
pected to last a week or more
there being seventy-five witnesses
TO be heard.
Both Kepner's attorney and
States Attorney Anders today ex
pressed confidence in the outcome
Of the trial.
Kepner Cheerful.
Kepner was in unusual good
spirits this morning. He ate a
hearty breakfast and chatted with
Milton Banks, his cellmate. Jail
officials said that the two men did
mot discuss the murder case.
= Up until 10 o'clock last night
Kepner occupied a cell alone. Jail
officials, however, would not permit
this to continue, and they placed
Milton Banks, arrested fo1 larceny,
IN the cell with him. Banks had
instructions to call the guards If
kepner makes any suspicious move
which looks like suicide.
Miss Houck was put to bed last
hight after a nervous collapse
which followed on the heels of
triple appearances before the grand
Jury. William Strong, attorney for
Miss Houck, declared today that
Miss Houck was numerically
pounded with questions when she
went before the jury.
Frederick today is slowly recover
ing from the first shock which
came with the actual announcement
that the fateS had turned against
the husband Of Mrs. Grace Kepner
who was found on June 18 in her
room at the old Houck family home
stead with a bullet through her
head and her husbands pistol in
her lap.
A curious crowd Of several hun
dred persons gathered around the
city Jail today hopeful for a glimpse
Of the prisoner. They were dis
appointed, however.
BE brave, Ev. we are going to
get this thing over as quickly as
possible" Wineberg told him.
"Don't fear anything and don't
talk. I believe m your innocence
and I am confident that you will
be cleared Of this untrue charge"
Providence took a hand in the
grand jury investigation yesterday,
say county officials. States Attor-
ney Anders, frankly confessing that
his case was weak, almost al
the point Of despair in the knowl
edge that the crime might never be
solved, received a telephone call
which resulted In a weak case OF
circumstantial evidence being built
into a structure upon which Mr.,
Anders declares he will erect the
gallows from which Mr.. Kepner
viii swing at the customary length
of the ROBE.
Testimony Aids State.
81 believe the eleventh hour inter
kention of Providence brought the
evidence Of the party who showed
Mr.. Kepner how to fire the pistol a
few days before the death Of his wife
which proves conclusively who
committed the murder" Anders said
considering the high regard ]
have for Kepner I have spent hours
Of sleepless nights in trying to
figure in my mind how Mrs. KepneI
could have committed suicide. The
more thought of it the more ]
was convinced that she did not take
her own life. All of Kepner's actions
before her death and since have
pointed to him as the only person
who In my mind could have com.
united the crime.
The unexpected came in the
closing hours of the grand jury in.
Vestigation yesterday when a local
hardware merchant, after many
Bleepless nights of wavering be.
tween duty and friendship, called
the States Attorney to him and
told him that on the Thursday be.
fore the Monday that Mrs. Keep
ner was murdered Kepner had
come into his store and asked him
how to fire the automatic with
which the woman was slain.
Kepner, close friend and one
time school chum of the merchant
walked into the hardware store
IN the day which probably will
be looked back upon as the fata
one in his life. and unwrapping q
package he held the automa tic
pistol in his hand and asked his
friend why II would not fire.
AiO hhiO" Oh explained
the operation Of the safety catch
and Kepner thanked him and walked
through the door.
After having the worry Of this
burden on his mind for many days
the merchant consulted a close friend
at the very time the States case
was crumbling in the grand Jury
room. He confided in him the visit
OF kepner and instructions about the
PISTOL.
Corroborates Testimony.
TITS your duty to tell" said the
friend, and they called the court
house and told Anders, who Jumped
into an automobile and dashed tc
the hardware store. Five minutes
later this man, said to be Charlie;
Seeger, was testifying before tn,
grand jury. He was corroborated b,
Benjamin B. Biehl, his clerk, wht
followed him in the jury room. TIL,
indictment was returned severa
hours later.
This incident Is considered mos
important by the State because @
previous declarations by Kepne
that he had never taken the gu
Erom his house, and further tina
saEl1~