Evening star., 1926-11-29
Jury IN RULE CASE
PARTLY SELECTED
Accident to Be Plea in Killing
of Barbee on Halloween
Niuht.
BY q staff Correspondent of The Star.


ROCKVILLE. Md. November 20
Richard Henry Rule. % years old. Of
1927 Sixteenth street, the son OF Hen
ry Rule of the National Capital Press,
this morning went on trial at the
Montgomery County courthouse on
charge of murder in connection with
the shooting, October 30, of William
J. Barbee, ir., 10 years old, Of 1922
Vernon street, at boys clubhouse
on the Colesville pike. miles north
Of Silver Spring. Md, following a
fistic encounter between two Hallow'
cen parties.
On the bench are Judges Robert 3.
Peter and Glenn II. WOrthingtOn.
The state is represented by Joseph
c. Cissel and the youth is represented
by Attorney s. Barnard Welsh.
Counsel announced the defense will
plead not guilty, and argue that the
shooting. which Rule had admitted,
was accidental, while he was in the
act OF defending himself. The entire
morning session of court was con-
sumed in an attempt to obtain jurors,
and at noon but seven men had been
selected. although the panel of tales
men had been exhausted. Court was
temporarily recessed while Sheriff
Clay Plummer made his second trip
through Rockville in search of pros
peCtive jurors.
Relatives With Defendant.
Rule appeared in court this morn
ing accompanied by his mother and
father and a brother, Gordon Rule.
The father of the slain youth also
| was in court at the opening of the
session.
The trial Is not expected to last be-
yond three days, despite the delayed
start this morning and although
total OF more than 40 witnesses are
TO he called. States Attorney Cissel
announced that he had subpoenaed as
prosecution witnesses the Is youths
who were companions of Barbee at
! the time of the shooting. The defense
ia said to have more than II wit
nesses. most Of them Wash tngtOn
bows. who. with Rule, conduct. i the
clubhouse on the Colesvifle pike which
they called the Blue Ridge Pleasure
Club.
According to testimony adduced at
the coroner's inquest, Rule drew a
gun from his pocket and fired the
shot which killed Barbee. after he
had been taunted by one of the lat
ters party, who cried: what no,
here's the jolly Scotchman." Rule
was dressed. it was said. in Scottish
| kits and tuxedo coat.
On Way to Dance.
1t was also testified that Barbee's
party were bound for a sorority
da ante, which they understood was
being held in barn on a farm near
Burnt Mills, Md, that they lost their
way and had sAppped at the Blue
Ridge Pleasure 0Ab to inquire the
location Of the faQ Qn. Defense wit
nesses stated they 1nistook the Bar
bee party for either drunken revel-
ers. who intended them harm. or for
robbers.
When an argument ensued between
the two parties, it was testified, Rule
and Samuel F. Perkins Of Mount
Rainier, Nd, engaged in a tussle and
rolled on the ground. Separated,
they stood up and Barbee cried to
Rule: "Why don't you pick on some
one your own size?" A moment later.
1t was testified, Barbee stepped for
ward and Rule flashed his revolver
and shot. The defense counsel will
empha size that at the time of the
shooting. which was near midnight.
Young Rule was virtually surrounded
by more than 8 dozen strangers.