Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-14
Policeman DeIves for Facts
to Present to Grand Jury
to Support indictment.
SEEKING TO PROVE
DEATH PREMEDITATED
Defendant Might Escape Extreme
Penalty Even if Convicted,
Say Laws Observers.

Dissatisfied with Dexter Dayton's
story that he did not premeditate muir
der when he engaged the hotel room In
which 23-year-old Marjorie O'Donnell
was strangled, Policeman Robert j.
Allen of No. precinct today continued
to search for evidence which might
substantiate a first-degree murder in
dictment when the grand jury passes
on the case, possibly tomorrow or
Wednesday
Full details of the transaction by
which Dayton came into possession of
a revolver and so cartridges found In
the room have been transmitted to the
District attorneys office by the homi-
eide squad. Ohicials refused to say,
however, If this evidence bears out
Dayton's story as quoted by police to
the effect that he bought the gun several
months before he met Marjorie O'Don-
nell.
Possible LoophOIe Seen.
Even should the Government prove
reconciliation, Dayton may escape the
death penalty under a technical inter-
probation of the District code, which
makes a lighter punishment possible
N certain cases where the defendant
was mentally incapable at the time of
his crime Of approaching the conse-
QuenCeS Oh MS act.
Allen says the elevator boy at the
hotel, who took the couple to the
eighth floor early Monday night, is GER
tain that Dayton showed no sign of
being under the influence of liquor at
that time.
On the other hand, a photograph Of
Dayton and book on sex chilosopfy.
found in Dayton's effects in the hotel
room, seemed to bear out his story that
he brought Marjorie O'Donnell into the
room in the hope of bringing about a
reconciliation. Dayton said he felt he
could persuade the girl to become en-
gagged to him and to accept the photo
graph and book, which, he asserted, she
previously had returned to him.
Allen Assigned to Case.
Allen has been assigned TO the case
by his superior officer, Capt. Robert Z.
Doyle Of No. 8 precinct
Inc policeman says Dayton duped
the girl into accompanying him tc the
room. for which he registered under an
assumed name. Allen believes Dayton
told the girl that the "Burtons," whose
names appeared on the register. were
awaiting them in the room. He pointed
out that note found in the room,
presumably written by the dead girl
after she found the "Burtons" were
out" informed the non -existent hosts
that the callers had made themselves
at home.
Allen thinks the girl expected to leave
Immediately. Her body was dressed in
an evening gown when found early
wednesday morning, while Dayton still
wore the trousers to a tuxedo suit.
Against this theory of premeditation.
and its possible outgrowth in the shape
OF f1rst-degree murder indictment,
Defense Counsel Daniel S. Ring and
Harvey L. Cobb are gathering evidence
IN support Of contention that DAYTON
killed the girl in sudden fare of rage.
prompted by temporary emotional in
sanity and drink
Dayton insists he contemplated no
harm to the girl when he invited her
into the room, but that she refused to
marry him persistently and evoked his
jealous passion by mentioning another
mana naval officer stationed at New
York"
Dayton attended two church services
yesterday in the District Jail. His
guards say he is showing the effects of
the strain he is under. He is being
watched constantly to fore-tall any at
tempt at suicide.