The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1923-09-28
JUDGE To RULE
ON ROBB
CHARGE
Counsel for Defense Argues
That Indictment Is
Faulty Drawn.

BOSTON. Mass, Sept. rs. The
question 81 the legality Of the testi.
mony OF Miss Anna Manning before
the Middlesex grand jury that i'm
dicted DIR. William M. Robb for the
murder Of Mrs Alice Wolschendorf
was the principal topic during
three hours of heated argument be-
fore Superior Court Judge Mcleod
late yesterday on the validity cf
the indictment Of Or. Robb.
Attorney John Feeney for
DIR. Robb contended that Miss Man
ming had no right to appear as q
witness before the grond jury and
also remain and take testimony Of
the other witnesses. = eeney charged
she was present when the jury de-
liberated on the testimony heard
and that she should not have been
present. according to a Supreme
Court ruling.
Reading Replies.
District Attorney Reading claimed
that Miss Manning had q right to
be present as the official court
stencgrapEer and her presence did
not invaIidate the indictment be-
cause she was also d witness be-
fore the jury.
Attorney James w. Murdoch and
former Norfolk County District At
t0rney Katzmann, representing DR..
Dalval Swope, of Brcclxton, in
dicted by the same grand jury as
accessory to the murder Of Mrs.
Wolschendorf, argued along similar
lines. They, too, claimed an illegal
indictment had been brought and
stated Miss Manning's testimony
was iIladmfssable.
The defense counsel claimed that
State Police Officer Stokes, an
other witness, presented iIlcorn-
petent evidence since all he told
the grand jurors was hearsay.
judge Mcleod took the matter
will announces whether or not he
will allow the defendants q jury
trial to determine whether or not
the grand jury returned faulty in
dictlnents.
TO Give Decision Today.
Judge Mcleod said that in view
Of the fact that another Judge will
be sitting at the court next Mem
day, he would try to hand down
his judgment sometime today.
District Attorney Reading did not
file any formal plea BY way Of de-
mrr to the document offered by
the defense counsel Mr.. Reading
inquired II all motions and pleas on
the part of the defendants, with the
exception Of one agreed upon by
Attorney James w. Murdoch, had
been filed. Attorney Feeney re-
piled he did not know, but that he
had filed all pleas on all Of the in
formation he now has. Counsel
Feeney said he did not know Of any
change in the pleas originally out
lined and said they would confine
them to the question Of whether
the court should pass on them as
a single justice or as a single JUS
tice with jury.
Bowen to Leave Hospital.
William f. Bowen, Brocktou real
estate man and employer OF Mrs.
Wolschendorf. will be discharged
from the Brcckton hospital today.
He has been a patient there two
weeks since his unsuccessful at
tempt at suicide Through an ar
rangement between District Attor-
ney Reading and Attorney w. T..
be returned to his home at East
Bridgewater today.
According to the terms of the
agreement, Bowen will virtually be
prisoner in his own home. He
must refrain from going in public,
either for business or recreation.
He must not discuss the case with
newspaper men or detectives and
must transact any urgent business
by phone. Bowen, who Is sixty-two
years old, is material Govern
ment witness, and IL he violates
the terms Of the agreement District
Attorney Reading win cause his
Imprisonment
The district attorney insisted, un-
der counsels protest, that Bowen
must not leave his home, talk to
no one outside his family, except
in the presence of his counsel and
the district attorney, and to read
no newspaper or magazine articles
dealing with Mrs. Wolschendcrf's
death.