Evening star., 1932-02-04
SISTER RECALLED
IN TRIAL Of ALLEN
Defense Seeks Reason for
Private Counsel During
Murder Testimony.
BY the Associated Press.

BY the Associat ted Press.
NORRISTOWN, Pa, February Al
Rose Allen, who testified yesterday in
the trial Of her brother, Edward, |
charged with numbering Francis A.
Donaldson, Sd. that he had threatened
to blow Donaldson's head off, was re-
called to the witness stand today.
William T. Connor, counsel for the
defense, said he wanted to know what
influence was behind the girl in having
private counsel represent her while she
was on the witness stand.
The permission to recall her was not
granted until arguments had been made
before the court, with the jury absent.
Bias Is Alleged.
Eve wish to show the bias OF this |
witness and the manner in which she |
obtained counsel" Connor said. 1T
was most unusual thing. This is
case Of the highest Importance A boy |
stands in danger of death. This girl
lied to her father when she said she
was going out the night before the
killing She lied to your honor while |
on the stand that there was a gun in |
the locker downstairs of the hotel. We |
will show she made an entirely differ |
ent statement to the police about the |
gun and the threat. There was an
unseen hand which provided her with |
counsel"
During Connor's argument. Elmer A. |
Schroeder Roses counsel sat near de- |
away by Connor and moved farther
back
Frederick B. Smillie, an assistant !
district attorney, replying to Connor, |
said there was nothing to prevent the !
girl having private counsel, and there |
was no proof to show bias or motive
in her being legally represented.
Feeling Against Brother"
There Is a great feeling exhibited
by this gi, against her brother" said
Smillie. ~ is induced by what she
claims was a wrong which was done
her on that day"
Judge Harold G. Knight decided
that Rose could be recalled for the |
purpose OF clearing up the question of
whether she had private counsel. Con- |
nor wanted more latitude in examining |
her. but the court would not change It's !
decision.
Then Connor asked for side bar |
conference to submit to the court GER |
tain information which. the defense |
said it did not have yesterday. What |
the information was, Connor did not |
publicly disclose.
After the conference. Connor refer |
red to Albert Galltin H. Lucas, friend |
of Donaldson and only witness to the |
shooting He testified to the killing /
yesterday.
This man Lucas" said Connor to |
the court. lis just as anxious to free |
himself from blame in the case as I
Allen Is to exculpate himself"
What Connor had reference to in
connection with Lucas, was not imme-
diately apparent to the spectators.
Dressed Same as Yesterday.
Rose Allen was dressed in the same
black clothes she wore in the witness
stand yesterday. Her mouth moved
nervously as she sat rigidly in the
witness chair while COnnor and Dis
trict Attorney Stewart NaSe wranged
over a written statement of the l8-
year-old girl which CCnnOr charged |
Nase was withholding from the jury. /
1t was turned over to the court on
order of Judge Knight.
The jury was not brought into the |
court room until so minutes after court |
opened. Howard Hampton, one of the |
jurors. had an attack of indigestion |
ulIi Ing Vic LllelIl dIlO ItNulICI lI4CN!S di
attention. He said he was able TO con-
tinue. but shortly afterward he had |
another attack. Judge knight sug-
geSted a doctor be called. but Hamp-
ton. bending over with pain, said i
guess III get on all right
Interest In Girls Story.
The testimony Miss Allen gave against
her brother was proved Of greatest in
tereSt than Lucas careful eye witness
account Of the shooting which the de-
fenSe tried to shake. Lucas was a
friend of Donaldson.
She smiled weakly and said Hello,
Eddie" as she passed him in taking the
stand. She avoided meeting his glance
while she told her story.
What she testified on direct eXamina-
ton by District Attorney Stewart Nase
was, in substance, that Eddie ordered
her to refrain from bringing Donaldson
to their apartment, that he threatened
to blow his head off" if he came. end
that her brother told her she could get
OUT if she didn't like his domination.
Then, she said. she did leave the apart
ment and went to a hotel, to which she
summoned Donaldson and Lucas.
Il don't remember" was her reply
when William T. Connor of defense
counsel sought tC bring out that EddieS
full conversation with her at that time
included remonstrance against her
rude treatment of her poor cid father"
after he had found Donaldson in her
bed room few days before the shoot
ing.
To other questions she gave strained
replies. often after a full minute or so
of rumination. A typical specimen of
the examination was this:
Did you tell Francis and Lucas you
had been ordered out of the house,"
Il told them that Edward said that
if didn't like it l could get out. /
never said I was ordered out"
Statement Is Denied.
Didn't you tell Lucas or Donaldson
that your father had ordered you out
of the house and wasn't the thing you
were sending them out there for was to
talk to your father about taking you
back?"
Il didn't send them out there.
We'll you knew they were going?"
yes"
What did you think they were going
to see your father for?"
"Umm ca long pause). to see if the
unharmoniouS atmosphere could be
cleared up"
Lucas, star witness for the common
wealth. demonstrated with Aliens shot
gun the manner in which he said Allen
aimed at Donaldson from the hip and
pulled the trigger.
During the cross-examination of Miss
Allen, defense counsel referred several
times to her association" with Donald
son and once the defense asked whether
she had told her father of her "rela-
tions" with Donaldson. What the as
sociation and relations were did not
come out in the testimony.
Defense counsel took her many times
over statements she made to test her
memory as to what she said in a police
statement the day after the shooting
and what she testified to on the stand
today. To many of the questions her
answer was that she did not remember
Little Court Room Crowded.