Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-08-04

order under which my client has been
released should bring out that point be-
cause he has been held in jail I'M
fairly"
Reads From Petition.
Cloth then picked up copy OF the
petition for the writ filed by Smith and
read from it in an effort to support MS
contention. This revealed that the
petition said Campbell was being held
in the Arlington County Jail under
the authority of warrant"
Turning to Smith, Cloth shouted:
st know you'll say l haven't any
senshe and you have all the intelligence
in the world, but I don't like your
order"
I'VE are about even," Smith replied.
1T don't think either one Of us Is over
burdened with brains"
Smiths reply caused laughter ana
relieved the tension.
Judge Mccarthy at this point an
nounced he would issue an order along
the lines suggested by Cloth.
AS finally constituted the order foi-
lows:
Text Of Order. SIS
"This day came the petitioner Her
bert NJ Campbell in proper person and
by counsel and the respondents Howard
B. Fields, sheriff of Arlington County
and Harry L. woodward, jailer, and
produced the body of Herbert M. Camp
bell in accordance with a writ OF
habeas corpus heretofore entered by
this court and it appearing from the
original petition filed herein and from
the statement of the attorney for the
commonwealth that the warrant mere
tofore sworn out against Herbert M.
Campbell has been dismissed by virtue
of an entry of an order on nolie
prosequi entered by said attorney Tor
the commonwealth.
ut is therefore considered by this
court that the said Herbert M. Camp
bell be and is hereby discharged from
custody and the said Howard B. Fields
sheriff. and Harry l.. woodward, jailer,
are hereby ordered TO release him
forthwith"
The new murder warrant was served
on Campbell by William Schoeni oil
Alexandria, q deputy United states
marshall. He then was transferred by
automobile from the Arlington County
Jail to the Alexandria City jail.
Greets Photographer.
Again demonstrating his good humor
and his non-chalant attitude. Camp
hell turned to a photographer who
awaited him at the Alexandria jail and
remarked with a smile, You certainly
have earned your money today, Dig
boy" ~o,-
hell will be taken before Barton Pnll-
Inns a United States commissioner, IN
Alexandria Wednesday afternoon at
o'clock for hearing on whether ne
shall be removed to Washington. Inc
new warrant under which ne no"
being held alleges he COMMITTED inc
r,,,rSer of Miss Baker April IL lin the
District of Columbia" The previous
warrant charged that the crime took
place In Arlington County. since
Campbell's original arrest, however. M
yestigators have reported learning from
witnesses facts which convinced them
that Miss Baker met death In the LIS
trict instead of in Virginia.
Smith today again threatened TO
carry the case to the United states
District Court in Norfolk, Va, should
1t be necessary.
Collins Is Confident.
Equally confident, Collins announced
he would fight to bring about the re-
moval of the prisoner TO this 1urisdlc-
ton. He insisted 1t was only neces-
sary to prove to the satisfaction OF
the commissioner Campbell is the man
named in the new warrant, that ne Is
substantially charged with the murder
and that he is a fugitive from justice.
Smith argued on the other hand tnat
the prosecution would be forced to snow
by competent testimony that the crime
was committed in the District.
Meanwhile Smith failed to show the
enthusiasm for the use of the lie. de-
tector demonstrated by his client. :,
II have utterly no faith in any such
contraption and will make no effort TO
have IL brought into the case" Smith
said.
Campbell was unaccompanied by his
wife or other relatives during todayS
hearing. Mrs. Campbell failed to visit
the court room. The defendant sat
alone by the side of his attorney.
Has Further Clues.
Lieut.. Edward j. Kelly. chief of the
homicide squad, who has been one OF
the principal figures in the investigation
which resulted in Campbells present
predicament, was an attentive specta-
tor. He told reporters he still had
numerous other persons to interview
and other clues to run out in the case
Barrere declined to divulge to news
naner men his plans for the future. He
said he had had "all the publicity ]
want"
Barrere was asked by Judge Me-
earthly in open court whether he had
anything to say. This question was
put to the man after the judge ex-
blamed he had received letter from
! Barrere requesting an interview. Bar
rere said his only interest was to obtain
his release, but that he had thought to
learn from the Judge why he had been
bald s<1 Iorg when he had Already told