Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-08-07
CAMPBELL CHANGE
UNDER AMUSEMENT
Norfolk Judge Plans to Rule
on Transfer at a O'clock
This Afternoon.
By a Stan Correspondent of The Star

By stan Correspondent of The Star.
NORFOLK, Va, August Vigorous
arguments for and against the proposed
removal of Herbert M. Campbell to
Washington from Arlington County to
face trial on a charge of Staying Mary
Baker were made by opposing counsel
today at a hearing before Judge D.
Lawrence Groner of Federal District
Court
The case was taken under advisement,
with the announcement that decision
would be forthcoming at 4 o'clock this
afternoon.
Plans of the prosecution to attempt
to develop a circumstantial case against
Campbell were revealed by Gallon b.
Jones, an assistant United States at
torney, who conducted the argument
for the prosecution. He stressed the
fact that numerous witnesses would
have to be heard should the defense
win It's fight for preliminary hearing
at which the merits Of the case would
be delved into.
Decisions Are Cited.
Jones cited numerous decisions of
Federal courts In support of his pro-
posal that Campbell be returned to
Washington. He said the warrant on
which Campbell was arrested was good
ION its face" and in itself sufficient
to show probable cause"
The prosecutor asserted that the
Government has worked up a case
primarily of circumstantial evidence"
"As YOU know. cifcumstantial evi-
dence must be built link by link, and
to present our entire case at a prelim-
mary hearing would require a ire
mendous amount of proof. such as is
not customary at such proceedings"
he asserted
The only inkling given by Judge
Groner of his possible actions came
while Jones was reading from deci-
sion in recent case written by Justice
Holmes of the United States Supreme
Court. The judge had Jones repeat
statement by Mr.. Justice Holmes, in
which he supported the contention of
the prosecution in the present case.
Smith Pleads Case.
Charles Henry Smith of Alexandria,
representing Campbell, told the court
his client had been in custody fort
night.
He added Campbell had submitted to
lengthy questioning, telling the author
tiles all he knew about the case. He
said that since the court is not in ses-
sion in Washington, and murder Is not
DalaDle OuenSe IN Jne OlSCrlcI, IL
would be pitiable to put an innocent
man In jail to stay all Summer"
Questions KeiIy's knowledge.
The defense lawyer insisted Lieut..
Edward J. Kelly, chief of the homicide
squad of the Washington police force,
who swore to the warrant against
Campbell. had no personal knowledge
as to whether Campbell was in the Dis
trict the day of the murder. Citing the
fact that the investigation had CEN
tered in Virginia since its inception
with the Staying of Miss Baker, April
II, Smith charged 1.-The truth of the
matter Is that the Washington authori-
ties have no evidence which shows the
murder was committed anywhere ex-
cept in Virginia"
Smith insisted that 1t is customary
in such cases to require the indictment
of a prisoner before granting removal
from one jurisdiction to another.
Pointing out there had been no indict
ment of his client, he said that even
If such was the case he would be en-
titled to a preliminary hearing before
being removed.
Jones introduced in evidence a writ
ten statement by Lieut.. Kelly. in which
he said Campbell had told him he was
Continued on Page 2. Column A.