Evening star., 1932-11-29
ADMITS ACCUSED
PAIR DID NOT FIRE
SHOT AT TEA HOUSE
Special Prosecutor, However,
Says State Expects to Prove
They Plotted HoId-up.
WITNESSES NOT PRESENT
DURING TALK TO JURY
Questioning of Talesmen Indicates
Death Penalty Will
Be Asked.
BY STAFF Correspondent of The Star.

by stan correspondent OF The Star
LA PLATA, Md, November 29.-Neith-
er John Wallace nor James Zalenski who
went on trial in the Charles County
Circuit Court here today for first de-
gree murder In the Old Colonial Tea
House shooting of more than a year
ago, fired the shot that killed Grover
Amick, Washington filling station at
tendant, Special Prosecutor Frank M.
Hall admitted in his opening statement
10 the jury.
The State expects to prove, however.
Hall declared, that both Wallace and
Zalenski also known as Jimmy Buns"
plotted the hold-up that resulted in the
killing. Under the Maryland law, the
special prosecutor pointed out. any
Staying committed in connection with a
felony constitutes first degree murder,
whether the killing itself is premedi-
tated or not.
Jury Is Selected.
Hall began the opening address for
the prosecution Immediately after Sc
lection Of e. jury. which required more
than an hour. The jury follows:
Francis E. Wheatley, foreman: Frank
v. Cooksey, Thomas r. Norris, John r.
Marshall. j. Thomas Bowling, William
r. Nalley, Leon Bailey. Jefferson D.
Robertson, Wallace S. Barnes, Austin
Simms. Ernest w. Wedding and Gus
tave Owen.
Before Hall began his opening state
ment. John Mudd, one Of the four
defense attorneys, made a motion for
exclusion of all witnesses until after
completion Of the opening remarks.
Judge William M Loker, presiding with
Judge Joseph c. Mattingly, ordered the
State witnesses to retire to the law
library and the defense witnesses to the
grand jury room.
Hall told the jury the State expects
to prove that Wallace, few weeks be-
fore the shooting, in which five persons
were wounded, took two young women
from Philadelphia to the tea house.
which he described as a disreputable
resort. On November %. 1881, the night
Of the shooting, the special prosecutor
said, Wallace, Zalenski and four Phila-
delphia gangsters went to Bladensburg
for the express purpose of holding up
Charles (Doggie) Leavitt, proprietor
The opening address for the State
was made by j. Wilson Ryon. who told
the jury that he would prove that
neither Wallace nor Zalenski had any
connection with the shooting
Judge Questions Jurors.
Indication that the prosecution under
the direction OF States Attorney Alan
Bowie Of Prince Georges County would
seek the death penalty was given when
Judge Loker questioned all prospective
jurors as to their views on capital
punishment.
Thomas Simone, wounded in the gun
battle in which Amick was killed
in the Bladensburg resort on No
vember %, 1881, was expected to be
one of the first witnesses called AS
the trial opened it was rumored that
Simone, also under indictment in the
Staying, would appear as q State wit
ness. Officials declined to confirm this
report. however. Simone has never been
arraigned and has no attorney of record.
Wallace and Zalenski were scheduled
to be tried In the Prince Georges County
Circuit Court last November 3, but the
case was removed to La Plata on a
change Of venue obtained by their at
torneys, Paul Mules and J. Wilson
Ryon. The defense has since been aug
mented by Attorneys John Mudd and
State Senator Walter j. Mitchell. Bowie
is being assisted in the prosecution by
Hall and Edward j. Edelen, Charles
County States attorney.