Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-07-10
MRS. G[OTHP[ANS
APPEAL TO BYRD
Governors CIemency Is Sole
Hope of Arlington Woman
of Avoiding Jail.

Special Dispatch 10 The star,
ALEXANDRIA. Va. July io.-Only
through the clemency Of Gov Byrd
Of Virginia can Mrs. Marjorie S. Cloth
escape serving the sentence of one year
in the Arlington County Jail imposed
upon her recently by jury which con-
victed her of assault and battery for
shooting her husband. william c.
Cloth, commonwealth attorney for Ar
inrton County. the night of March Z.
Asserting that he did not feel the
ease differed from any other case where
one person shot another person with
out lawful justification and that the
Jury had ruled there was no lawful
justification. Judge Howard w Smith,
presiding over special session of the
Arlington County Circuit Court. sitting
In the Alexandria Corporation Court
room last night. overruled motion to
set aside the verdict and denied an
appeal of Attorney Louis Wendenburg,
counsel for the defense, to exercise his
judicial power and suspend sentence.
Grants so-Day Stay.
Judge Smith added. however, that
ne would not present any obstacle to
an appeal for executive clemency and
granted wendenburg a 90-day stay OF
judgment in which to prepare an APP
peal 10 the governor. The court said
j seemed peculiarly a case in which
as TO ciemencA.
A demurrer filed by Wendenburg FOR
Mrs. Cloth in answer 10 bill recently
fled before Judge Fletcher at Warren
ton By Cloth asking for relief from the
continuation Of paying Mrs, Cloth $50 a
week alinony, as provided for in linz
tied divorce granted some time ago.
was sustained on every point with one
exception. The i2-yesr old son, William
c. Cloth. ir., is now in the custody OF
his mother.
On the decision of Judge Smith. Cloth
must continue in the payment of all
r1nnv to his divorced wife and the Citi-
pens National Bank of Alexandra, I'M
der an agreement with his wife. has
been vested with the power to sell bonds
deposited with ii. If necessary, in order
70 make the alimony payments.
Criticizes Judges Instructions.
In his argument for suspended sem
tsnce in the assault case, Wenoenourg
attacked both Judge Smiths instruc-
lions to the jury and the evidence pre-
sented in the case. He criticized the in
structions as misleading and confusing.
particularly TO the right of the accused
TO exercise the privilege of self-defense,
and took issue with the Interpretation
Of the court as to the conditions under
which the right Of self-defense might
be exercised.
wendenburg asserted that statements
made by Cloth. aud which were not
denied, we're SUFFICIENT to convince Mrs.
Cloth of her peril and were SUFFICIENT
justification for her to exercise the
right of self-defense in shooting her
husband Wendenburg claimed that
Cloth told his wife he was going to
get her and that on the night of the
shooting Cloth told his companions
while he was on his way to the home
OF his former wife that he was going
Up there 70 settle some differences with
Mrs Cloth"
Mrs. Cloths attorney told Judge
Smith in his appeal that there will be
q ~natural outcry on the part Of the
women of the commonwealth" against
Mrs. Cloth being compelled to serve o
Jail sentence. Judge Smith stated that
he disliked to see Mrs. Cloth incarcer-
ateu IN the county jail. but he pro-
posed TO do his duty as he saw IT,