Evening star., 1934-07-31
DECATUR DENIES
ASSAULT CHARGE
Claims He and Codefend-
ant Had Been Drinking
With AccuSerS.
By q statl corresponden. Of Ths star.

BY staff Correspondent Of The Star.
LA PLATA, Md, July 3l.-Oliver
L. Decatur. 81, on trial here with
another Washington man, charged
with attempted criminal assault on
Miss Jean Kerns, also Of Washing
ton, protested his innocence to the
jury this morning and testified that
a drinking party, participated in by
Miss Kerns and her escort, preceded
the trip from North Beach, Md, to
Washington on which the State al
leges the criminal assault occurred.
Decatur was the first defense wit
ness. He was to be followed on the
stand by his codefendant, Raymond
Z. Zell, 20, of the 100 block South
Carolina avenue southeast. Decatur
lives in the i400 block Maryland ave-
nue. northeast.
Corroboration Promised.
r. De Sales Mudd, one of the de-
fense counsel, told the jury he would
offer other witnesses to corroborate
Decatur's contention that he and
Eel drank with Miss Kerns and Her.
bert P. Newman, her escort, at North
Beach.
Miss Kerns and Newman, who live
at a rooming house In the 1900 block.
Eleventh street, testified yesterday
they never saw either Of the defend
ants until they were offered a ride
back to Washington while they were
waiting at a bus stop.
Newman and Miss Kerns quarreled
at considerable length during the
trip, Decatur testified. He admitted
striking Newman, but said 1t was
only after Newman had slapped Miss
Kerns.
Surprise Testimony Offered.
The prosecution rested its case late
yesterday shortly after Washing
ton policeman surprised the court
room by the unexpected testimony
that Decatur had admitted he had
attempted an attack on Miss Kerns.
Summoned to testify regarding the
arrest Of Decatur at his home on the
night Of July Q. Sergt. Robert j.
Frazer Of the Washington force went
on to tell of questioning the prisoner
at the police station and of Decatur
making a voluntary statement there.
Defense counsel Immediately OBJ
jected on the grounds that there was
no evidence that Decatur had been
warned the statement might be used
against him, but Chief Judge Diggs
admitted it as competent testimony
as against Decatur but not against
Zell.
Another bit Of testimony considered
particularly important by the prose-
cution was the statement by Walter
Mitchell, jr., son of the State Senator
from Charles County, that Miss Kerns
told him. a few minutes after he
picked them up near the scene of the
alleged crime, that she had been
assaulted criminally. Mitchell brought
Miss Kerns and Newman - the
State police station near La r -
Miss Kerns and Newman re the
principal witnesses yesterda' It was
brought out that Miss Kerns is the
sister of Newnan's wife from whom
he has been separated for two years.
Newman and his wife have a child.
Stories Agree.
The story told by the two was
Identical in most part. They said
they went to North Beach, Nd, July
8, and after spending the entire after
noon in the water, dressed and were
resting on a bench waiting for a bus
to take them to Chesapeake Beach,
where they could catch q train for
Washington when they first saw De-
catur and Zell. They said Zell In
vited them to ride to Chesapeake
Beach. but when they reached point
near there, offered to take them all
the way to washington.
Miss Kerns admitted on cross-ex-
animation that neither Of the de-
fendants mace advances toward her
until after she had removed the skirt
Of her three-piece ensemble consisting
of blouse, skirt and shorts, such as is
often worn at the beach She said
she took it on because the weather
was warm.
Miss Kerns and Newman testified
that they both objected to these ad-
vances and that they changed from
the front to the rumble seat of the
roadster when they stopped at a gas
station near Mount Zion, where New
man gave Decatur and Zen a dollar
10 buy gas.
Claim Route Changed.
They passed through Upper MARI |
boro, they testified. and then. without |
the knowledge Of the couple, Decatur !