Evening star. [volume] (Washington, D.C.) 1854-1972, 1936-01-25
OFFICIALS PLAN
HAGERSTOWNTR|AL
OF MRS. LYDDANE
Hearing Cannot Be Held
Before March, Pugh
Is Informed.
DEFENSE WINS POINT
IN CHANGE OF VENUE
Undue Publicity" Given Case
Cited by Attorneys for
Rockville Woman.
BY a Stan Correspondent Of The Star.


ROCKVILLE, Md, January as
Preparations were begun today to
transfer the second trial of Mrs. Anne
Lyddane, pretty Rockville woman
charged with conspiracy to murder
her husband, to Hagerstown, follow
ing the triumphant move Of defense
counsel for a change Of venue.
A date for the trial. originally
scheduled to open here Monday, will
be fixed when the court for the fourth
judicial circuit convenes at Hagers-
town next month Meanwhile, the
formalities Of the transfer are being
carried out by attaches of the local
circuit.
States Attorney James H. Pugh
conferred with officials at Hagers-
town by telephone this morning and
was informed that the trial could not
possibly be held before early March.
Petitions Submitted.
The venue change was granted by
the three judges of the sixth circuit
after a hearing here yesterday after
noon in which the defense contended
their client, whose first trial last June
ended in deadlock, could not pos
sibly obtain fair trial In Rockville.
State Senator Stedman Prescott,
chief Of counsel. who submitted about
70 petitions from voters who asserted
they did not think an impartial trial
possible here, declared that undue
publicity" given the sensational case
was bound to affect local jury.
He pointed out in support Of this
that the case and the alleged in
ciscretions Of the defendant" had
been widely discussed in every house,
hold Of the county and that this could
not help but have some influence
upon prospective jurors from this
community. He introduced a large
sheaf Of clippings from newspapers to
bear out his claim.
Vigorously Opposed.
Ir addition, Prescott called to the
courts attention that John M. Boland,
a co-defendant in the conspiracy case.
had been found guilty and this, too.
might unconsciously influence Mont
gomery venire.
Vigorous opposition was offered the
venue change motion by States At
torney Pugh, but, like Prescott, Pugh
also confined his fight to an oral
address before the bench and the
presentation of afidavits in which
county voters held they are Of the
opinion an impartial jury could be
assembled in Rockville.
He presented only 10 afiidavits, but
declared 1000 or more" could have
been obtained if necessary. Push
pointed out that most Of the pub
licity given the case occurred before
and during the first trial and the
hung jury was "a clear indication
Of fair trial"
The judges. Chief Judge Hammond
Urney Of Frederick and Associate
Judges Charles w. Woodward Of
Rockville and Arthur D. Willard OF
Frederick, overruled Pugh, however.
and the venue change was granted
after q lengthy conference in cham
bers.
Baltimore Ruled Out.
Pueh lost a second move a few mo-
ments later when, asked by the court
where he would suggest the second
trial be held, he proposed Baltimore
City. Counsel was called before the
bench and after consultation last
ing nearly half an hour it was finally
announced the case would go to
Hagerstown.
It is customary, members Of the
local bar said, for the court to follow
the recommendation Of the States
attorney in fixing the place Of trial
when the defense obtains venue
change and to follow the defense
counsel's suggestion when the State
obtains the change.
Senator Prescott, opposing Pugh's
recommendation Of Baltimore City.
said it was the desire of defense coun-
sci to have the case moved as far
as possible from the areas covered by
the large circulation Of metropolitan
newspapers.
Clad in Black.
Mrs. Lyddane, clad entirely in black.
sat next to Kenneth Lyddane. her
husbands cousin and a member OF
her counsel, throughout the proceed
ings.
The husband, Francis S. (Slom)
Lyddane, whom police say was the
intended victim Of a plot between
his wife and Washington underworld
characsters, was not present.
Lyddane, manager Of a local res
taurant, stayed by his wife's side
throughout the first trial. stoutly
maintaining his belief in her inno-
cence. Friends of the couple claim
now, however, they are parted.
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