Evening star., 1931-04-02
SHOTS At OFFICER
DRAW $500 FINE
Treasury EmpIoye Tells Jury
IN Fairfax He Feared
HoId-up in Car.
.pecisl Dispatch TO The Star.

Special Dispatch TO The Star.
FAIRFAX, Va, April 2.-W. E. Smith
Of Alabama, an employe of the United
States Treasury Department in Wash
ington, yesterday was found guilty Of
assault and fined $500 in the Fairfax
County Circuit Court.
Smith had been indicted on a charge
of attempt to murder, and the Com
monwealth, in its closing argument,
asked the jury to bring in a verdict OF
guilty with a penitentiary sentence OF
from one to five years. The instructions
given the jury by Judge Walter McCar-
thy charged them that they must be
satisfied in their minds that Smith had
shot with intent to kill in order to
bring in such a finding.
The case is the outgrowth Of an en-
counter between the defendant and
County Policeman Carl Mcintosh
March IA. Mcintosh, while patrolling
Chain Bridge road, is said to have seen
Smiths car parked without lights in
some bushes a distance OF the high
way. 1t was testified that complaints
have been numerous as to Objectionable
petting parties in this vicinity.
Was Not in Uniform.
In his testimony Mcintosh stated
that he had been making a tour Of
dance halls that night in company
%1th other county police to check up
on violations of the prohibition law,
and as a consequence he was not in
uniform, save for his policeman's badge.
He stated he saw no signs of life until
he peered in the side window OF the
car, where suddenly he saw gun, fol-
lowed quickly by two shots, one OF
which grazed his cheek. Dodging be-
hind the car, he escaped a third shot,
fired through the back window. Calling
L. .zxNs Hn fDlI
the occupant to come out and put his gun
on the running beard. He stated tnat
Smith said to him then he did not see
how he had missed him, that he had
aimed to kill him.
Smith testified yesterday that he
thought Mcintosh was a hold-up man
and that he had fired to scare him. He
denied that he had told Mcintosh he
had aimed to kill him. He made no
charges of any overt act by Mcintosh
which would justify him in firing in
self defense, save that Mcintosh had
shaken the car when he approached,
which Mcintosh denied.
Woman Admits Marriage.
Smiths companion yesterday gave a
different name from that she had given
officers following Smiths arrest, when
she had told Commemorative Attorney
Farr she was unmarried. She stat
ed under oath yesterday that she
was married, with two children.
She was severely scored by Farr both
In croSs-eXamination and in his charge
to the jury for her varying stories,
which he characterized as vicious"
and "fabricationS out Of whole cloth"
Character witnesses were introduced
by both sides, Smiths witnesses having
known him only since his arrival in
Washington, in January. Half a dozen
of the leading citizens Of Providence
district testified as to McIntosh's ex-
cellent character as a citizen and an
officer, and Commonwealth's Attorney
FaTT took occasion to render high praise
to his discretion and ability as an officer.
Hugh Marsh assisted Farr in presenting
the case for the Commonwealth.
The case went to the jury at 445.
and a verdict was reached about two
hours later.