Evening star. [volume] (Washington, D.C.) 1854-1972, 1923-08-06
KEPNER TO FACE
TRIAL TOMORROW
Declaring Innocence, Indict-
ed Husband of Slain Woman
Ready for Ordeal.
By q STAFF Correspondent.

FREDERICK, Md, August ct
dence that is born of clear con-
science. My fate is with God, and
my acquittal is assured" With these
words B. Evard Kepner, Frederick
architect, steeled himself to the or
deal he must begin tomorrow. when
he will be placed on trial for his life
in the county circuit court here,
charged with the murder of his wife,
Mrs. Grace Simmons Kepner, a men,
Der of one of the oldest families in
Maryland.
Both the defense and the prosecu-
ton were busy this morning arrang-
ing the final settings for what Is e:i-
pected to be the most dramatic trial
in the history of western Maryland
Leo Weinberg, chief counsel for the
defense, predicted the acquittal of Mr..
Kepner by next Saturday afternoon.
The defense won an important vic
tory in the preliminary skirmish to-
day when the circuit court granted
1t permission to visit the room in
which Mrs. kepner was slain last
June, take photographs and complete
measurements. States Attorney And
ers had vigorously contested Mr..
tWeinberg's right to study the scene OF
the tragedy. Expert criminologists
spent the entire morning in the dark
ened home of Ezra Houck, sr., the
dead womanS father, drawing ex-
tensive plans.
VIII Push Suicide Theory.
When court convenes tomorrow
morning Mr.. Weinberg will request il
to rule that the state must prove
beyond the shadow of a doubt that
Mrs. Kepner was actually murdered
His entire defense will be based
upon the theory that, despite the fac,
that a coroner's jury declared the
woman was murdered and the grand
jury indicted her husband, Mrs. Keep
ner was. in reality a suicide.
To present this theory Mr.. Vein
berg has summoned thirty-five wit.
neses. four of whom are expert Grim.
inologists from Washington. One o.
the latter, the attorney admitted. ''is
the biggest man on that subject il
America"
The name of this star witness i.
being kept secret and he will bt
sprung on the prosecution as al
eleventh hour surprise.
Prosecution Calls Forty.
on the other hand. the prosecution
Will not be without its own surprise
! men and women. Both Mr. Ander,
and Assistant Attorney General Lind
| say Spencer, who has been sent her,
| to help the prosecution. believe, how
ever. that the testimony of two loca
| hardware men whom Mr.. kepner Il
| said to have asked to teach him how
! to fire the revolver that killed hi
4 wife Will he almost
| dence for conviction alone In thi
| they are supported by Lieutenant De
| tective Charles A. Kahler, the Balti
! more detective who ran down tn
mystery surrounding Mrs. kepner'
death.
! judges that tried the Sandy Sprins
| bank robbers and sent them to prison
: for life. The bench is composed o
chief judge Hammond Urner. AM
and Edward c. Peter, the latter from
Rockville.
! Prepare For Crowd.
Elaborate preparations have beer
made for handling the large Grove
that is expected to attend the trial
! Extra benches have been placed IL
| the court room and special tleephon,
and telegraph wires have been rur
direct to the court house for the uS'
| of the score or more newspaper cor
| respondents who are here from Balti
more, Washington, Philadelphia ant
other large cities to report the pro
ceedings. The trial will begin
! 10 o'clock tomorrow morning.
over in the city hall. Mr.. Kepnel
! is bearing up well during the las
| few hours before he must make hi
| stand for freedom and vindication
He has been visited several times b!
/ the Rev. DR.. T. o. Gaehr. pastor o
I the Frederick Presbyterian Church
which the accused man is still
member of the board of directors ant
vestrymen. The last time Dr.. Gaeh
saw his pariShioner was Saturday af
dropped to his. knees and again anc
again professed his Innocence be
DR.. Gaehr will be the first witnes!
| to take the stand for the state to
morrow.
Defense to Call DIR. Gachr.
II is expected that later in the weel
| he will again be asked to testify
this time for the defense. Mr.. Vein
i berg will use him, il Is. understood
to clear up all misunderstanding a:
to the letter Mrs. kepner- wrote hin
last winter. in which she referred t.
her sister. Miss Eleanor Houck. a:
"a thorn in the flesh" Although DIR
Gaehr first stated he could not re
member having read such clause ii
the original letter, it is understood
he has retracted that statement after
being permitted to examine the docu
ment.
Frederick looked forward today tC
a week of sensational surprises. The
defense has fatty stated that it viii
after all, that Mrs. Kepner was driver
70 suicide