Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-08-03
Cloth to NoIIe Prose- CHARGE
and Real Estate Man
Will Be Rearrested.
REMOVAL HEARING SET
WEDNESDAY AFTERNOON
Authorities Disclose Woman Wit
ness Expected to Give I'm
portant Evidence.

Opposing counsel prepared last night
for the firing tomorrow of the first
guns in the legal battle to determine
whether Herbert M. Campbell will be
brought to Washington to facc trial on
charge of numbering Mary Baker.
Campbell viii be removed from the
Arlington County Jail tomorrow, where
he has been held for a fortnight, os-
tensibly for hearing on petition
for writ of habeas corpus to obtain
his release. william C. Cloth, Com
monwealth's attorney, has announced,
however. that he will inform Judge
Walter T. Mccarthy of Circuit Court,
when the case is called, that he has
decided to nolle PROSE- the charge.
With this announcement, Campbell
technically will become free man. He
will be rearreSted Immediately, however,
on warrant charging the same offense
sworn out yesterday before John Barton
Phillips, a United States commissioner
in Alexandria, by Lieut.. Edward j.
Kelly, chief Of the homicide squad.
On his rearrest Campbell will be re-
turned to jail to await the ruling of
Commissioner Phillips at a removal
hearing to be held in his Alexandria
Offices Wednesday afternoon at 2
o'clock. The prosecution will be rep
resented by Cloth and William H. Col
Inns, assistant district attorney now IN
charge of the case. Campbell will be
represented by his attorney, Charles
Henry Smith of Alexandria. n
State Warrant Attacked.
The State warrant on which Camp
bell originally was taken into custody
was attacked in the habeas corpus
action on the grounds that it failed
to stipulate the time and place of the
crime. The Federal warrant on the
other hand, charges that Campbell
killed Miss Baker lin the District of
Columbia on April IL, $780,"
Collins has announced he will con-
tend it is only necessary to prove
Campbell is the man named in the
warrant, that he is the man substan-
TALLY charged with the crime and that
he Is a fugitive from justice. He in
sisted 1t would be unnecessary for the
prosecution to prove the exact time
and place of the Staying OF otherwise
go into the merits of the case.
Smith said he would cemand that
District authorities offer testimony to
prove when and where Miss Baker met
death. Charging an effort vas being
AAA0NO w AGAAOo0 OdLlpUEtl,
declared he would do everything in his
power to bring about his .elease.
Should the necessity arise 1t was in
dictated that the prosecution would
produce witnesses who would testify
they heard several pistol shots April II
shortly after a car in which Miss Baker
was seated was driven away. Other
witnesses would tell of seeing Miss
Baker struggling with an unidentified
man few moments before at Seven
tenth and B streets.
Woman Is New Witness.
The authorities disclosed last night
that they had found a new Witness
woman-who was expected to give cir
cumstantial evidence which they re-
garded as important.
The woman appeared in Cloths Of
flee few days ago.
Cloth said last night that he planned
to release Herman H. Barrere, erst-
while suspect. early in the week. He
said Washington authorities would be
notified of the hour of release in the
event that they desired to seek to ex-
tradite Barrere and hold him as a ma
terial witness in the Campbell case.
Collins indicated, however that he
would make no effort to interfere with
the mans release.
Col. Calvin Goddard. Northwestern
University authority on forensic balliss
tics, who has concurred in the 1molng
Continued on Page 2, Column g.