Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-08-10
Smith Goes to UnnannounCed
Destination and Jones of
Richmond to Seashore.
DEFENSE PLANNING
LAST DITCH FIGHT"
Prosecutor in Baker Murder In
Quiry Sure U. S. Will Win
Removal of Case to D. C.

With Friday set as the tentative date
for new hearing on the removal of
Herbert M. Campbell from Alexandria
to Washington, in the Mary Baker
Staying inquiry, opposing counsel last
night took advantage of a breathing
spell before the next legal engagement.
Charles Henry Smith, counsel for the
Virginia Highlands real estate dealer,
slipped out of Alexandria yesterday for
an unannounced destination, on a brief
vacation. Gallon B. Jones of Rich
mond, Va, an assistant United States
attorney, went to a SeaShore resort to
spend the week end On his return he
will prepare his case as instructed by
William H. Collins, local assistant
United States attorney.
The new hearing before j. Barton
Phillips, United States commissioner,
in the Alexandria Corporation Court,
was necessitated by ruling announced
Thursday by Federal Judge D. Law
renee Groner in Norfolk, Va, after he
had listened to the arguments of OPP
posing counsel. The case had been
taken to Judge Groner after a hearing
earlier in the week before Phillips.
Prima Facie Evidence.
Judge Groner, in remanding the case
to Phillips, ruled that the warrant
under which Campbell is being held in
the Alexandria city jail is in itself
prima facie evidence to justify re-
moval of the prisoner to Washington.
He added, however, that the defense
should be given an opportunity to
produce witnesses before Phillips to
rebut the allegation of the prosecution
that the Staying occurred In the Dis
trict instead of Virginia.
It remains to be seen just what form
Fridays hearing will take. 1t may re-
suit in practically complete disclosure
of the Governments case. Collins in
dicated, though, that no more witnesses
would be called by the prosecution than
made necessary by testimony produced
by the defense This Is in line with
the effort of the Government to pre-
vent removal proceedings from develop
ing into a full-fledged preliminary
hearing as desired by the defense.
Meanwhile Smith announced plans
to fight to the last ditch" to block the
removal and gain absolute freedom for
his client. He said alibi witnesses would
be placed on the stand to prove Camp
bell was not in the District at the time
Miss Baker was murdered or in COM
pany with the girl anywhere else April
IL, the day of the Staying.
Smith intimated he would be able to
show that Miss Baker was not killed
in the District. as charged in the war;
rant under which Campbell was ar
rested AS usual, the defense attorney
displayed marked confidence.
"Never to BE Tried"
"You can bet your bottom dollar that
Mr.. Campbell never will be brought to
trial" Smith remarked.
Collins discounted the defense
chances. He said the only way he could
see for the defense to prove Miss Baker
was not slain the District would be to
offer testimony that Campbell killed
her IN Virginia"
The assistant United States attorney
termed the strenuous fight of Smith to
prevent removal of Campbell a lost
cause" He said the ruling of Judge
Groner on the warrant convinced him
the Government ultimately w0lIld sue
coed in its drive for a removal He
also disclosed that plans to seek an
indictment Of Campbell here were being
held in allegiance pending a complete
report by Maj. Calvin Goddard, Chi
cago ballistics expert who recently re-
ported the bullets removed from the
body of Miss Baker had been fired
from Campbell's revolver.
AS now constituted the Governments
case appears to consist principally of
ballistics testimony statements Of sew
eral persons that Campbell was in the
habit of carrying a loaded pistol in
his automobile and reports by eye
witnesses of struggle between Miss
Baker and a man resembling Campbell
at Seventeenth and B streets the night
of the killing and shortly before three
pistol reDOrtS were heard