Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-08-20
Suspect in Baker Case Or
dered to District for Trial
on Murder Charge.
CASE NOW TO BE HEARD
BY NORFOLK U. S. JUDGE
Large Crowd Present to Hear 40
cused Man Detail Movements
on April IL.

Request of the Government for the
removal Of Herbert M. Campbell from
Alexandria to Washington for trial
under an indictment charging him with
the murder of Mary Baker was granted
late this afternoon by United states
Commissioner j. Barton Phillips fol.
lowing lively hearing before large
crowd in the Alexandria Corporation
Court room.
Attorney Charles Henry Smith i'm
mediately appealed from the decision
Of the commissioner and Campbell was
returned to the Alexandria Jail to
await the outcome of the appeal In
the Federal District Court at Norfolk,
Va.
Commissioner Phillips announced at
the end of the hearing, during which
Campbell took the stand In his own de-
Tense, that he would certify the case to
Federal Judge c. Lawrence Groner In
Norfolk, with a recommendation that
Campbell be transferred to the District
OF Columbia to answer the indictment
returned by the grand jury recently. 1t
was understood Judge Groner Is on va
cation, so that further legal Develop
ment may be indefinitely delayed.
Basis "AIibi" Testimony.
In announcing his decision, Commits
sioner Phillips explained that "aliki
testimony" sought to be introduced by
the defense, was inadmissible, as he had
no authority to consider the merits Of
the case, or to decide as to the guilt or
innocence of the accused Arlington
County real estate man,
MY only duty here" the commissions
er said "is to decide II the Government
has made out a prirna facie case on the
basis of which the prisoner should be
removed to another jurisdiction. have
endeavored 10 give the defense every
opportunity to rebut the only facts in
yolved in this hearing. Those facts
are, first, whether there Is probable
cause for removal and, second, wheth-
er the prisoner is the one named In the
| indictment and was in the District OK
| Columbia on the day Of the crime.
| Testimony regarding the mans alibi ID
| wholly irrelevant and cannot be con-
sidered here. I, therefore. will certify
the prisoners removal to Judge Groner
In Norfolk
The hearing thereupon adjourned
amid considerable confusion, with
Charles Henry Smith, chief of defense
counsel, protesting the verdict and nu-
merous relatives and friends Of Camp
bell pressing forward eagerly to grasp
the accused mans hand and wish him
we'll Campbell greeted his wife, Mrs.
Ruth Callahan Campbell. with affection
and an inapromptu family reunion was
staged in front of the bench as the
crowd filed from the court room.
Going Back TO Jail.
AS Campbell was escorted from the
court room down flight of steps Lead
ing back to his cell he spoke cordially
to q newspaper man he knew, and In
reply to a question as to what ne was
going TO do next, he snilingly an
nounced:
why. guess I'm going back to jail"
Campbell, speaking in low, even tones,
pleaded not guilty to the murder
charge, emphatically denied ever having
| heard of Mary Baker before he read
about her death and detailed the alibi
upon which the defense hopes to win
| the accused mans freedom.
| Campbell was permitted by the court
to give an accounting OF his move.
ments in Washington and Virginia on
April IL, the date of the Staying,
although Commissioner Phillips, on
completion of the testimony, indicated
he would uphold objections by the Gov
eminent to the effect that alibi evidence
in the preliminary hearing is "irreie-
want"
One Prosecution Witness.
Through United States Attorney
Jones, the prosecution rested its case
in the removal proceedings after it had
put Detective Sergt. John Flaherty on
| the stand TO establish the technical fact
that the prisoner before the bar was
the one named in the indictment and
that he was In the District of Columbia
on the day of the tragedy.
The prosecutor asked only one ques-
ton of Campbell during the croSs-ex-
animation This was whether the pris-
oner admitted he was in the District on
April II. Campbell replied aff1rma-
lively and was excused
Over the protests of the Government
attorney and in the face of warning
by the commissioner that he felt any
argument on the merits of the case
| was inadmissible. Smith fought val
iantly to introduce testimony to cor
roborate Campbell's statement Of his
movements. RI
The first defense witness was Coroner
| Benjamin H. Swain of Arlington
County, who briefly testified concel~-
ing finding of the body of Miss Baker
| Continued on Page 2, Column 81