Evening star., 1926-11-30
CAUSE Of bARbEE
KILLING DISPUTED
Witnesses Disagree on Which
Side Provoked Row That
Led Rule to Shoot.
By staff Correspondent OF The Star.

By Staff Correspondent OF The Star.
ROCKVILLE, Nd, November 30.-
Four additional prosecution witnesses
today substantially corroborated previ
GUS testimony in the trial of Richard
Henry Rule, % years old, of 1927 Six
with murder in connection with the
shooting at boys camp on the
Colesville Pike, October 80, of Will
liam j. Barbee, 10, of 1922 Vernon
street, following fight that grew out
of a jest when two groups met.
Conflicts in testimony, given by
members Of the two groups of Hal
loWeen parties, arose only over the
question of which side actually pro-
voked the argument and fight, and as
to the exact position Of a number of
youths in the party of the slain boy
at the time Of the killing.
Liquor Is Admitted.
Witnesses from both groups ad-
mitted that there had been a small
quantity of liquor in their possession
early in the evening on Halloween
and that a small quantity had been
drunk by several. They all insisted,
however, that the amount consumed
was not sufficient in any case to
cause intoXication.
William S. Green, 10 years old, stu
ldent of American University, who
lives at 1860 Mintwood Place, was put
on the stand to show that the mem
bers of the Barbee crowd had been
invited informally to attend a dance
OF the Pi Phi fraternity, which was
being held in the vicinity Of Burnt
0ciy la,.. 1,N !
they stopped at the clubhouse rented
by Rule and his friends, to ask their
way. He said he did not go to the
house with Barbee and the others,
and did not see the shooting.
Bert w. Kennedy, Falkstone
Courts, said Rule took offense when
members Of the formers party made
testing remarks about the Scottish
kilt costume, which was worn by the
defendant. Rule said that he had been
insulted, the witness stated, and
Jumped" at Samuel F. Perkins and
the two rolled on the ground in a
fight.
No Attempt to Escape.
The other witness this morning was
Leslie Burnet Quick, II years old,
1920 Porter street, who told the court
that after the shooting Rule made no
attempt to escape and invited two of
Barbee's friends to stay at the club
house with him until police arrived.
Quick said his companion, Eugene
Abadie, had suggested to Rule that
his girl companions and their chap
erone be taken home before police ar
rived and that if they had any liquor
there it be destroyed. The witness
added that a half gallon jar partly
f111l of UbiClxU was thrown ont
Donald Dow, 555 Randolph street, a
member of Rules party, corroborated
the statement of Quick regarding the
liquor. He also described the Hal
loween party preceding the arrival Of
the Barbee group.
Clash Marks Special Session.
A special session last night was
marked by long debates and clashes
between opposing counsel. The climax
came when the States attorney ac-
cused the defense of secreting wit
nesses in order to prevent them from
testifying for the State, and the de-
fense charged that the States attor-
ney was attempting to present de-
fense witnesses as part OF the prose
cution No decision was announced.
Although the defense attempted to
break down his testimony, Henry
Bowles Dalby, 2138 California avenue,
friend of Barbee and member OF
his barty, maintained the defendant
provoked the quarrel that preceded
the shooting. Dalby stated that his
party was trying to find a barn dance
and had merely stopped by the boys
club to ask directions. He said that
he, Barbee and Samuel Perkins had
had one drink early in the evening
but stated that it was not sufficient
to produce intoXication.
Policeman William II. Vermillion OF
the thirteenth precinct, who arrested
Rule shortly after the shooting, testi
fled that he detected the odor OF
corn liquor" on the prisoner. Both
Vermillion and his companion officer,
Frank j. Schoville, stated that Rule
voluntarily submitted to arrest and
admitted that he had killed Barbee
explaining he had fired only in self
defense when assaulted by members
Of the Barbee crowd.
Mai. George o. Totten, Washing
ton architect, who employed Rule as
a craftsman, stated that the defend
ant had an excellent" reputation for
peace and good order.
Youth Describes Party.
Edwin Hunter, 1S years old, SIS
Shepherd street, gave description
of the Halloween party prior to the
arrival of the Barbee group, and Will
liam F. Terry, IS years old, of Bates
road northeast, told of the arrival OF
Barbee and his companions, but said
he did not see the shooting.
Declaring he had evidence that
would warrant his asking a verdict OF
guilty on the murder charge, State
Attorney Cissel presented his case to
the jury and recounted the incidents
leading up to the shooting. He said
that he would prove that, following a
remark from a member Of the Barbee
party regarding a Scottish costume
worn by Rule, a struggle took place
between Samuel Perkins and Rule
and that Rule then challenged any
one to a fight and shot Barbee as he
stepped forward to accept the chal-
lenge.
Defense Attorney Welsh stated
that he proposed to show that the
defendant had purchased a pistol
shortly before the night of the shoot
ing as a protection against thieves
who had robbed the clubhouse. He
charged that the Barbee group had
assaulted Rule and made derogatory
remarks about his companions, and
asserted that Rule had intended to
fire in the air to scare them away.
William ]. Barbee. sr., a deputy
United States marshal and a retired
detective, father of the deceased, was
put on the stand as the first witness
to identify the slain youth. He was
followed by Guy L. Jones, a Mont
gomery County policeman, who told
of Rule reporting robbery at the
place, and Joseph N. Stardey, Mont
gomery County surveyor, who pre-
sented a diagram of the clubhouse.
He1ium mixed with oxygen forms
an atmosphere as breathable as ordi