Evening star., 1930-10-31
ARGUMENT BEGUN
IN CAMPBELL CASE
Gun Test by Col. Goddard to
Be Dropped to Hasten
End of Trial.
Continued From First Page.)

uedlI Oh . man WHO mas Deen b IoOl.
Referred to Goddard.
Contending the evidence failed to
establish definitely the identity of either
the man or the woman seen struggling
in parked automobile at Sixteenth
and B streets the night Of Miss Bakers
murder, the defense lawyer said he was
confident the jury would decide the
Government had no case against his
client. He directed several verbal
thruSts at the testimony Of Col. Calvin
Goddard, ballistics experts for the pros
ecution, referring to him repeatedly as
"the great Goddard"
Smith argued Goddard had testified
he became definitely satisfied after ex-
animation Of four hours that Camp
BELLS revolver was used in the Staying.
HE was able" Smith pursued, Ito
differentiate between all the guns in the
world. And yet he has been working
since noon Tuesday; now it is Friday;
still he can't tell which of five pistols
10 bullets were fired from. At least he
any person who on such testimony as
that would attempt to send a man to
the electric chair is beyond my concep-
ton"
Campbell's Own Request.
The Governments attorney scath-
ingly denounced the defendant for what
he characterized as Campbell's delib-
crate efforts to direct suspicion upon
one time held for investigation as q
principal in the case.
The jury was reminded that in turn
ing the revolver over to the county
sheriff Campbell himself requested that
1t be examined by balliSticS expert
The prosecutor declared that the grant,
ing of this request had resulted in proof
from two noted experts that Campbell's
revolver had fired the fatal shots.
Counter arguments by defense counsel
were due this afternoon. The opening
address Of the defense will be made by
Charles Henry Smith, chief of defense
counsel, and the final defense summary
will be given by Lucien Vandoren,
Smiths associate.
It was certain the defense lawyers
will attempt to make the most of Col
Goddard's unexpected delay in identify
ing 10 test bullets fred by five different
revolvers, one Of them Campbsll's gun.
Under the agreement Of counsel 1t was
said that even should Col. Goddard be
ready with his report before conclusion
of the trial, his findings would not be
admitted in evidence.
Conferred With Judge.
When Goddard did not appear at
the court house this morning, Govern
ment and defense attorneys went into
conference at the bench with Justice
Adkins. The conference continued for
nearly half an hour. When it broke up,
Justice Adkins announced that Prose-
cutor Collins had been in communica-
ton with Col. Goddard and that the
latter had said his tests were not COM
pleted and that 1t was doubtful II they
would be finished before Monday.
AN agreement has been reached be-
tween counsel" the court stated, that
we will proceed without Col. Goddard'S
report, with the understanding that the
sole reason for continuing with the
trial Is because Col. Goddard has not
completed the tests"
Albert H. Hamilton, ballistics witness
for the defense, left the court room
after the announcement with the re-
mark to newspaper men:
"Col. Goddard couldn't make the
grade. knew 1t. They are going to-
let him send his report down by mail
from Chicago, suppose"
Agree On Jury Charge.
Before proceeding to hear the law
yers' arguments, Justice Adkins excused
the jury while q conference was held
with counsel concerning the nature of
the courts charge to the Jury, which
will follow completion Of the argu-
ments. During the discussion Of vari-
Gus contested points raised by counsef
In connection with proposed instruc-
tions to the jury, Justice Adkins let
1t be known that the prosecution de-
sires him to explain to the jurors the
difference between first and second de-
gree murders. In this connection 1t
was recalled today that Collins has
said he viii not demand a verdict
of first-degree murder, but Will leave
the jury to decide for itself whether
the verdict shall be first or second
degree murder or whether 1t shall be
acquittal for the defendant.
The court win not instruct the jury
slaughter Interpretation OF the girls
death.
Disagree on Gun.
During the discussion with counsel
regarding the courts forthcoming In
structions. 1t also developed that q dis
agreement exists between the prosecu-
ton and the court as to whether Camp
bells admission Of ownership Of the
gun in evidence would be direct or cir
cumstantial evidence in the event 1t
had been proved the gun was used to
kill Miss Baker. Collins argued that
such an eventuality would be direct
connection Of Campbell with the crime,
but Justice Adkins indicated his belief
that such evidence would be circun-
stantial.
Declaring he was 'tired physically
and mentally" and that he believed
the Jurors were in the same state, Col
Inns announced at the outset OF his
address his intention of being as brief
as possible, with due regard to my
duty in this case" Pointing out that
Campbell is charged with murder on
two separate counts, the first, count
charging he strangled the girl to death,
to death, the prosecutor proceeded to
give his Interpretation Of the evidence
against the prisoner.
"I do not want the verdict to be
based on my Interpretation OF the
facts" Collins declared. You gentle
men Of the jury are the judges OF those
facts. The verdict will be your ver-
dict, not mine, not the verdict Of de-
tense cocunsel nor the verdict Of any
one else.
trial Of this case in court Is far different
from its trial in the newspapers and
that you will render your decision on
the evidence presented here and not on
what has been said out Of court In the |
past.
No Venue Question.
MARY Baker Is dead. There is no
question about that. The Government |
contends there can be no question
Furthermore that she received the |
wounds from which she died in the |
District of Columbia"
Reviews Testimony.
Collins told the Jury the Government |
had shown not only that Mary Baker
had been killed in the District, but that