Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-12-19
M'DERMOTT RISKS
ALL |! UPON AL|B|S
Defendant viii Take Stand
as Last Witness, His .Coun-
sci Announces.
B. The Associated Press.

81 Inc Associated Press
= CANTON, Ohioa December IS
Patrick Eugene McDermott is stalking
his life largely on an alibi. This was
made clear tonight with the an
nouncement by defense counsel that
xAlcpermett. -on trial for the murder
of Don r. Mellett, Canton publisher
would be the last defense witness to
], take the stand. They declared that
his story would come as the climax
of a steadily built-up alibi.
4. establishment of alibis for both Nc
Dermott and Ben Rudner. also in
siicted for the murder, was begun to
I day in "A halliday court session after
the State had rested its case.
Asked by newspaper men how he
would account for himself at the time
of the murder shortly after midnight
sjast July 16, McDermott smiled and
replied
Il won't have to tell that This
time it won't be necessary"
Rudner's Wife Testifies.
Groundwork for the alibis was laid
today principally by Mrs. Ben Rudner
and by Eddie Rudner. Ben's younger
brother. Eddie Rudner said it was he
and not McDermott who accompanied
= Ben Rudner to Canton police head
quarters Sunday. night, July II. His
testimony presented the defense claim
that Eddie is McDermott's double,
who was mistaken on that night for
the man now on trial.
Testimony by State witnesses earlier
in the trial that Ben Rudner and Nc
Dermott went to police headquarters
that night had supported the state
/, claim that police protection was being
Il i
Mazer. the trio indicted for the muir
der. Eddie Rudner explained he and
his brother visited headquarters be-
cause of a dispute which followed a
traffic accident.
i Mrs. Rudner'S testimony was de.
voted to a minute narrative of her
husbands movements as she recalled
them on dates on which the State has
charged important incidents in the al
: legged conspiracy occurred.
She testified that she was either
With her husband or could account for
his movements throughout the eve
ming of July when, according to
Steve Kaschclk. star prosecution wit
ness, McDermott and Rudner con-
ferred in NIassillon. In accounting for
Rudner's whereabouts that evening,
she said she was with him most of the
time, either in the store or at home.
except for a period when he and his
father, Max Rudner, drove to Canal
Dover.
The next day, she testified, Rudner
was i'll because Ct a felon on his
finger which mad it impossible for
/. him TO work or drive an automobile.
She said he VIZ around the house
most of the day and was home early
that evening. 1t was that night,
Kascholk had testified. that Rudner
introduced him end McDermott to a
"Mr. Smith, who turned out to be
2 Mazer. Mrs Rudner said she had
driven the car for Rudner during the
! day, but that he was home all eve
ming.
Mrs. Rudner said she was in Cleve-
land at the time of the murder. On
the evening of July &c. she said, she
and her husband, with some neigh
! bors, drove to Wooster, leaving early
and returning late.
State Closes Case.
i 1t was that night the State has
: claimed that McDermott drove from
Cleveland to Massillon and visited
Rudner to be paid off, for the
murder
The last State witness, William
.Brumme. Mass;llon salesman, testified
that he had seen S! A. Lengel, Can
tons deposed police chief. comforting
with Rudner in his store twice not
long before the murder.
Previous State witnesses had testi-
fed that Rudner and Lengel conferred
in the chiefs Office at police head
quarters. Prosecutor c. B. McClin-
took said the testimony was offered as
evidence of alleged police protection.