Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-09-21
REVIEWS
REQUEST FOR GUN
Meets D. C. Prosecutors OBJ
lection to Examining
Pistol, He Asserts.

Examination by defense expert of
the gun that two ballistiaS authorities
claim was used to fire the bullets that
killed Mary Baker was demanded again
yesterday by attorneys for Herbert M.
Campbell, Virginia Highlands real estate
man, after he had been released under
bail of $4,000.
A surprise conference between oppos-
ing counsel in the Alexandria Corpora
ton Court room resulted in an agree
ment under which Campbell waived
extradition to Washington in exchange
for his temporary liberty. This move
eliminated the necessity of Federal
Judge D. Lawrence Gpo~er hearing any
of the dozen or more witnesses produced
by the defense.
The bond which permitted Campbell
to depart from his cell in the Alex
andria City Jail calls for his appearance
in the District Supreme Court october z.
A plea of not guilty will be entered in
his behalf at that time.
Charles Henry Smith. chief of de-
Tense counsel, announced plans to con-
duct a strenuous fight to obtain
momentary possession of the Govern
ment exhibits as soon as the bond was
signed He said he would use every
means at his command to hasten the
new examination of the pistol turned
over TO the authorities by Campbell and
the bullets removed from Miss Bakers
body after her lifeless form was found
April ii in a culvert at the edge of
Arlington National Cemetery.
NJ A.. l. r. ri -
torney Leo A. Rover previously had de-
clined to permit another inspection of
the Government exhibits because Camp
bell was a fugitive from Washington,
Smith expressed the opinion that the
development had made it incumbent on
the prosecution to accede to his request.
The defense attorney insisted he was
confident his own expert, DR.. Albert
H. Hamilton OF Auburn, NJ Y, would
be able to prove the fatal bullets were
not fired from the Campbell revolver.
The communication follows:
No Longer = Fugitive.
Now that Herbert M. Campbell Is no
longer fugitive from justice from the
District Of Columbia, again renew my
request that DR.. Albert H. Hamilton of
the firm of Hamilton a. Hamilton,
Auburn, N. Y, micro-chemical experts,
be permitted to examine the Govern
ment exhibits held in your possession
In the case Of United States VS.. Her
bert M. Campbell
Or Hamilton would appreciate It
very much IL the persons who have
examined these exhibits for the Gov
eminent could be present at the time
Of his examination.
"Inasmuch as we have been as
k-fo
bell, probably during the month of
October of this year, 1t is urgent that
q time be fixed at as early date as
possible. Naturally, DR.. Hamilton will
not accept a retainer on behalf of
Herbert M. Campbell until he has ex-
amined the exhibits, because he can
not anticipate what his investigation
will disclose
I'm behalf of my client, Herbert M.
Campbell, offer to permit the Govern
ment to use the testimony of DR..
Hamilton in the event his findings
shall be favorable to the Governments
contention.
81 shall appreciate it il you will let
me know at your first convenience what
attitude you have taken with regard
to this request"
The bond was signed by the de-
PENDANTS brother, Frank @. Campbell,
Washington patent attorney, and John
G. Graham, Alexandria real estate deal
er. Campbell told the court he owned
real estate and securities worth SIS. 600
Graham declared he was worth more
than 100000.
Those In Conference.
Among those who participated in the
conference at which the bond was
agreed on were William H. Collins, an
assistant district attorney from Wash
ington; District Attorney Paul w. Kear
Of Norfolk, Smith and Herbert S. Ward,
special advocate designated by the Vet
Grams of Foreign Wars to assist the
defense.
In the meantime Collins and Smith
expressed divergent opinions concern
ing the new turn of events. Collins
declared the Government was content TO
permit Campbell to leave jail for the
time being so long as a heavy bond
insured his appearance in Washington.
He said 1t would be impossible to pre-
dict when the defendant would be
placed on trial until Criminal Court
convened next month.
Campbell was delighted over his re-
lease. He said he would leave soon for
a quiet vacation mot so far away" with
Mrs. Campbell. He added Smith would
be informed of his whereabouts in order
that he might appear should his pres
ence in Washington be needed before
the appointed date
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