Evening star., 1923-07-20
LEGAL FIGHT SEEN
IN KEPNER MURDER
Counsel for Both Sides Ready
for War Over Methods of
Grand Jury.
BY a stan Correspondent.


FREDERICK. Md, July 20.-The
greatest criminal legal battle in the
history of western Maryland was get
ting under way here today, between
counsel for B. Evard Kepner, wealthy
architect and church trustee, and the
county prosecutors Office. over the
manner in which the special grand
jury is to conduct it's investigation
into the still unsolved murder of
Mrs. Grace Simmons Kepner.
Almost on the eve of the grand
Aaron r. Anders asserted today that
he would oppose, with every means
in his power, any attempt to depart
from legal precedent and make OF
| that body virtual trial jury, Mr..
Anders said he would merely lay be-
fore the jurors what evidence he has.
without calling upon witnesses for
the so-called defense" and ask them
to act accordingly
Declaring that such a procedure
would mean the indictment of Mr..
Kepner lin less than ten minutes.
Leo Weinburg. the husbands chief
attorney, said there IS ample evidence
to prove that Mrs. kepner commit
ted suicide and was not murdered as
the coroneTs jury found.
New Evidence Expected.
1t was learned that in addition &c
laying before the grand jury all OF
the evidence that was presented al
torney Anders has obtained additional
Information which is expected tC
create q sensation If he uses it MT
Anders had disappeared from Fred
erick today and it was said that he
would not return before late Sunday
ii ic-hf Ia
Baltimore, closeted with Lieut. De
tective Charles A. kahler, his in
vestigator previous to the coroner
! inquest.
| intimated that he had learned some
thing of the state attorneys plans
Should he put them into use, the
| lawyer declared. he was prepared to
spring some sensations himself. pro-
vided the court gives him an oppor-
tunity Of having witnesses go before
the grand jury. If such permission
is not granted. Mr.. Weinburg con
ceded that indictment of Mr.. Kepner
was inevitable.
willing TO stand Trial.
Mr.. Kepner is reconciled TO stand
rests on the judges charge to the
| jury. This is an unusual case. and II
I is possible that the court may take
unusual measures. If 1t does, l GER
tainly would not say that the case Is
sure to go to trial. Should precedent
( be strictly followed, however, an in
dictment might be expected, but We
\ do not fear trial: we welcome II"
Mr.. Weinburg hinted that still an
other woman is being brought into tn
| case. He was invited to dinner las
might given by the management of tnt
Francis Scott Key Hotel in honor
| of visiting newspaper men. After &C
| cepting Mr.. Weinburg was obliged
| to send his regrets at the last mo-
ment and explained this morning tina
he had been forced in the interest ot
/ his client TO leave Frederick to in
l teryiew a woman, who might be call
ed upon to throw more light on the
home life of Grace Simons kepnel
/ and her husband.
| Indications today were that Mr
! Kepner would not appear before th'
| grand jury.
Attorneys Plans Complete.
| In the event of an Indictment, Mr.
Weinburg has his entire plans read!
for action. He intends to institute
habeas corpus proceedings immediate
Iiv for the release of Kepner eithe
| on bail or in the custody of cour
officer. Trial, he said, must begin
without a single days delay, and tina
| it would take place right here II
Frederick, before the three Judge
1 of the circuit court. Mr.. Weinburt
| reiterated his previous statemen
| that he would not ask change o
venue.