Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-08-11
Guiteau Fight for Life After
GarfieId'S Death Only Sim
liar Case in D. C. Record.
FRIDAY Is TENTATIVE
DATE FOR RESUMPTION
Counsel for Accused Man Declares
No One Knows Where Mary
Baker Was Killed.

A question of jurisdiction such as
has not been raised in a District case
since the assassination of President
Garfield may result from efforts to
remove Herbert NJ. Campbell to Wash
ington in the Staying of Mary Baker,
it was indicated today.
Friday has been set as the tentative
date for hearing before j. Barton
Phillips, United States commissioner, in
the Alexandria Corporation Court to
determine whether Campbell shall be
removed from the Alexandria City Jail
to the District Jail on warrant charg-
ing him with Staying Miss Baker April
IL Gin the District of Columbia"
william H. Collins, an assistant United
States attorney in charge of the case,
declared today that the recent ruling
OF Federal Judge D. Lawrence Groner
in Norfolk that the Federal warrant for
CampbellS removal constituted a prima
facie case convinced him that the de-
Tense would have difficulty in again
raising the venue issue. He added that
should this question be advanced the
Government would be in position TO
produce witnesses to testify that Miss
Baker was slain in this Jurisdiction
Garfield Case Recalled.
The prosecutor revealed that in the
entire history of jurisprudence in the
District an exactly similar question of
venue never has been raised before. He
said the closest case was that of Charles
Jules Guiteau, convicted here of Staying
President Garfield. The President was
fired on at the old Baltimore & Poto-
mac Railroad Station by Guiteau, July
2, 1881. He died IN a New Jersey Hos
pital, September 10, the same year.
E01lf1uTip0 CSnitaan'c conviction HE
attorneys took the case to the court of
Appeals. basing their fight on the con-
tention that although the Chief Execu-
tive was shot while in Washington, the
defendant should have been tried in
New Jersey because he died there. The
tribunal ruled, however, that the fatal
wound was inflicted in Washington,
thus. giving local courts jurisdiction IN
the case.
Collins pointed out that witnesses had
informed authorities they saw a man
struggling with Miss Baker in parked
automobile at Seventeenth and B streets.
These persons said Miss Baker had a
CHASTITY expression on her face as though
she might have been shot or strangled
at that time.
PiStoI Shots Reported.
He also stressed statements of wit
neSSeS tIlaJ Chey nad nearQ three re-
ports which sounded like pistol shots
shortly after the car in which the strug-
gle occurred was driven away.
II am convinced that we will be able
to prove at the proper time that Miss
Baker met death in the District" Col
Inns declared. IT feel certain we shall
succeed in cur efforts to remove Camp
bell to this city. He will be placed on
trial as soon as possible. probably In
October"
Charles Henry Smith of Alexandria.
council for Campbell, insisted the pros
ecution would be unable to prove where
the crime took place.
Unless they can establish that"
Smith said. they have lost their case
before it starts. That is the cardinal
principle on which all trials are based.
A tree which falls in the wilderness be-
yond the earshot of man makes no
sound. A murder committed cut of
sight and beyond the earshot of man
cannot be solved"
The defense attorney has insisted
that the prosecution has nothing tan
gible against Campbell or any one else,
land doesn't even know where Miss
Baker vas killed"