Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-11-05
Member of Grand Jury Was
Disqualified to Act on
Murder indictment.
CONDUCTOR DECLARES HE
KNEW ACCUSED MAN YEAR
New Witness Says He Talked With
U. S. Agents About Probe
Reluctantly"

Although the defense learned today
OF legal grounds on which to seek quash-
ing of the murder indictment against
Robert A. Mcpherson, jr, indications
were that advantage would not be taken
of any technicality that might inval-
idate the charge preferred by a grand
jury.
The legal loophole was presented
when it was discovered that Mrs. De-
lores Marmion. member Of the Nc
Pherson grand jury, was disqualified
to serve on that body because she is
receiving q pension from the Govern
ment.
The District Court of Appeals has
held that. the services of paid en-
ploye of the Government. receiving re-
tired pay invalidated an indictment
rendered by the grand jury on which
he sat.
While the defense adhered to its de-
termination to seek vindication Of Nc
Pherson in court. The Star learned that
a street car conductor whose testimony
Is said to have caused the prosecution to
decide suddenly to press the case. claims
to be friend of the jailed husband.
Knows Husband Well.
The conductor. j. H. Lewark, who
was on duty on an owl street car
which carried 10 passengers from the
Petworth section to the downtown dis
trict after midnight of September IL,
when Mrs. Virginia Mcpherson was
straneled to death at the Park Lane
Apartments, says he has known the
young husband for more than a year.
He admitted having been cloSeted with
Government agents "all day Saturday."
when the decision to prosecute Nc
Pherson was preeipitated.
Conductor Lewark declared he had
given testimony Saturday very re-
luctantly." but felt compelled to tell
the truth" when confronted by agents
OF the Department of Justice He
rufuSed TO divulge the nature of his
statements TO the Government inves-
tigators
The disqualified Mcpherson grand
juror Is the widow Of naval oflcer
She Is receiving a pension of $40 q
month from the Government and was
receiving the pension at the time she
sat in the sensational inquiry which
resulted in the indictment of McPher-
son on ilrst-degree murder charge
and the castigation Of police and other
municipal authorities for their handling
Of the strangling case.
Defense Must Act.
The consensus at the courthouse to-
day was that any move TO invalidate the
indictment must come from the de-
tense, The prosecution then would
have to present the case to another
grand jury. Possibility of a second
grand jury proceeding was limited by
The Star last week.
Associates of Attorney Leahy, how
ever, said today they did not believe he
contemplated any action to have the
indictment thrown out Leahy pre-
take advantage of any legal technical
ity, preferring a trial of the case on its
merits.
The question of the disqualification
OF Mrs. Marmion, who resides at 1903
Biltmore street, already has been raised
IN the case of Stephen A. Armstrong
and others, who are under indictment
for conspiracy to biackmail Capt. Clar-
ence G. Cauhoun and his wife, Cornelia
D. B. Calhoun. This case will be argued
Friday before Justice Peyton Gordon.
A total of 1876 indictments is
placed in peril as the result of
the error Of permitting Mrs Marmion
to serve on the grand jury while re-
ceiving pay from the United States.
Unless the defendants raise the ques-
ton, however. 1t is stated, no move
will be made by the prosecution toward
resubmitting cases. 1t is generally con-
ceded. although United States Attorney
Leo A. Rover and Assistant United
States Attorney Neil Burkinshaw will
not discuss the proposition in advance
of presentation to the court, that the
Armstrong, Noble and other cases will
be thrown out and reSubmitted to the
present grand jury.
Witness Chamber ReOpened.
The testimony given the Department
of Justice Saturday by Conductor Lew
ark has opened a new line of inquiry,
as a result of which Thomas F. Cullen,
director of the Federal investigation un-
der j. Edgar Hoover. director of the
Bureau of Investigation. has reopened
the witness chamber" he gave up last
week. Prior to the appearance of Lew
ark and certain other witnesses Satur-
day the department was without evi-
dence to warrant pressing of the first
degree murder charge.
In an interview with representatives
of The Star, Lewark at first denied
having any knowledge of the case
When he was told that The Star knew
he had been interrogated by two Fed
eral gents at the Four -and-a-half
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