The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1928-05-18
LAWYER HEL D
IN DEATH
FIGHT
tcontlnued tren Flrst Pass.l

CONTINUED from First Fage.)
looked for trouble between the two
men. They met IN the hallway
Richmond said she told him, and
had an argument. kellogg knocked
Payne down, aud then carried AlliHk
m to his room In the apartment d
Mrs. Louis Lawrence and LETT him
there.
DR.. Charles u. McInerney testt
fled that Payne had been = patient
OF his and that he had complained
Of having severe pains In the chest
Refuses TO Testify
Mrs. Annie Kellogg. wife Of the
accused man, sent word through
Attorney Chaplin Fowler. counsel Tor
her husband. that II she was forced
to take the stand. she would claim
her legal right and refuse to testify
against her husband in ! criminal
proceeding. Assistant District At.
torney Albert Stern offered no objec-
ton.
The defense offered no testimony
and said they would stand on the
statement made by kellogg to head
quarters detectives last night, and
which Detective Sergeant Edward
Kelly read from the stand today.
DR.. James g. Wolf Of the 3700
block Joselyn St., the physician who
was called In to attend Payne, testi-
fled that he found Payne "siunped
IN CHAIR with blood streaming
from his mouth and q cut over the
temple.
WOLF was the first witness in the
inquest today.
Mrs. Louise Lawrence, Of the 1900
block Euclid Street, in whose apart.
ment Payne roomed, testified to
Mrs. kellogg asking her to help
I her when her husband had beaten
up Payne" She said Kellogg
brought Payne to her apartment
and put him in . chair In the
living room while he was still un.
conscious.
she declared that she called DR..
WOLF and then tried to revive
Payne. Failine, she declared, she
called the doctor again and he
arrived in about is minutes.
Thinking the man q victim Of
heart trouble DR.. Wolf notified Coro-
Iier hewitt, then took another look at
the body and discovered signs Of
violence. He then told Mrs.
Lawrence Payne he had been In an
alterca$ion.
Payne died yesterday shortly
after engaging In fist fight with
Kellogg over the latter's estranged
wife, police declare. After the
fight was over, Kellogg reported ii
10 Capt. Guy Burlingane, Of the
Second precinct, and then went to
the home OF his mother on New
York Avenue Northwest, near North
Capitol Street.
shortly afterward Payne died and
Kellogg was arrested at the latter
address. He was held at the
Twelfth precinct station house
pending the inquest today.
Makes Signed Statement
In a signed statement, secured
by Detective Lieut.. Edward Kelly
OF the homicide squad, Kellogg de.
clared he had been separated from
his wife Tor about seven weeks
She lived in an apartment in the
1900 block OF Euclid Street and
Payne roomed in the same building
Kellogg said that he was paying
MS VIE $11U month Allmony, Tor
her support and that Of their two
daughters. Several times since this
separation, he said, he had at
tempted a reconciliation.
On two occasions. kellogg said, In
his statement to Lieutenant Kelly
he trailed his wife and found her
in the company of Payne. She
had told him, he said, that Payne
'flirted" with her. but he said
he attached no Importance to this
az he did not believe his wife would
respond. because OF their two little
children and because he had told
him she loved him.
Saw Couple on Street
On the first night, he said hi
saw the couple walking down Euclid
Street, arm IN arm. The mex
night he followed his wife, accord
ing to the statement, and saw hel
meet Payne In the park at Six
teenth and Euclid Streets.
He saw Payne kiss Mrs. Kellogg
be said, and overheard him ask hai