Evening star., 1927-04-12
ATTORNEYS CLASH
AT RULES TRIAL
Jury Excluded When Witness
Refuses to Tell First
Remark Heard.

By staff Correspondent of The Star.
ROCKVILLE. Md, April 12.-The
trial of Richard Henry Rule. 22-year
old Washington boy, on a charge of
manslaughter in connection with the
shooting of William J. Barbee. jr..
also of Washington, on the Colesville
pike in Maryland last Halloween
night, was halted twice for brief peri
DDS today while counsel debated the
presentation Of certain testimony.
The first halt came while Vincent
P. Lester. a 20-year-old salesman. who
was one Of Barbee's companions on
the night of the shooting, was testi-
flying He had been asked what was
the first remark heard when he and
the others in his group stopped at the
cottage whore Rule and his friends
were having a Halloween celebration.
Lester said he did not care to repeat
the first remark he heard that night.
Defense Attorney Dawson insisted
that the record should show what re-
mark Lester referred to. The jury was
excluded while counsel discussed the
question with the three Judges sitting
in the case and it finally was decided
to have Lester tell the court stenog-
rapher what he had heard and permit
the stenographer to tell the jury.
Speaker Unknown to Him.
Under cross-examination by defense
counsel, Lester said he was down on
the pike when he heard the remark
come from the side Of the house upon
the hill and that he did not know who
made the remark.
Answering repeated questions. Les
ter several times declared he had no
idea who made the remark.
The second pause in the presenta-
ton Of testimony came while Police
man Fred j. Scoville Of the thirteenth
precinct was describing how he ex-
amined the pistol in the cottage after
the shooting. The question arose over
whether Scoville pulled the trigger be-
fore he examined the magazine and
found it already snapped.
Prosecuting Attorney Cissell asked
the policeman if he recalled picking
up the gun. pulling the trigger and
discovering it already had been pulled.
Scoville said he opened the magazine
and found it empty. and that this op.
Grafton automatically set the trigger,
and that he could not remember posi-
lively whether he snapped the trigger
before examining the magazine. Mr..
Cissell told the court this was an i'm.
portant point, and counsel for both
sides conferred with the court over
further questioning along this line.
Dressed as Highlander.
Samuel Perkins, who was in the
Barbee group that stopped to ask
Rule and his friends for the location
of fraternity dance was one of the
first witnesses today.
Bert w. Kennedy, also one of those
who stopped at the Rule cottage to
inquire about the fraternity dance,
testified that when Rule, who was
dressed in a Scotch Highlander's cos
tune for Halloween night, came
around the side Of the house, he,
(Kennedy), remarked:
Here comes Harry Lauder"
Kennedy testified that Perkins fol-
lowed up this remark with What no,
the jolly Scot
Denies Discussing Evidence.
According to Kennedy, Rule said
he did not like 1t and that a moment
later Rule and Perkins were fighting
and rolling around the ground. Ken
riedy insisted that after Perkins and
Rule had been separated nothing
more was said by any of those in
bee that Rule should pick on some
one his size.
Attorney Welsh. for the defense.
questioned Kennedy as TO whether he
had attended meetings of the wit
nesses in the case at which the man
ner in which Rule held the gun was
gone over. Kennedy said he had not.
The State expected to complete the
presentation of its testimony early
this afternoon, but 1t is probable that
another day will be required to com.
plete the trial.
Says They Lost Way.
The prosecution spent yesterday
afternoon presenting testimony of
several youths who were at the scene
of the shooting. and the questions in
dicated the contention Of the State
that Barbee and his friends had
stopped at Rules place merely to ask
directions to fraternity dance.
Henry B. Dalby. 21 years old, who
was in the Barbee group, testified
that when they lost their way to the
fraternity dance they saw the lights
at the cottage where Rule and his
friends were having a Halloween cele-
bration. Dalby said he, Barbee and
one or two others went up the hill to
inquire If the Rule party knew where
the fraternity dance was being held.
One youth on the porch said he
thought the dance they were looking
for was some distance down the road,
and Dalby testified that he and Bar.
bee had turned to go down to the
road when he saw two figures
wrestling on the ground. He told the
jury he later learned they were Rule
and Samuel Perkins. the latter being
one of Barbee's companions.
Dalby testified that Perkins was