Evening star. [volume] (Washington, D.C.) 1854-1972, 1936-05-06
Defendants Attorneys Con.
tend State Failed to
Produce Case.
PROSECUTION OFFERS
SCORE OF WITNESSES
Cleary and Mcdonald Are As
sailed by Barnard in Talk
to Jury.
BY w. H. SHIPPEN, Jr.,
staff Correspondent of The Star,


CUMBERLAND, Md, May Cat
torneys for Albert McDermott. on trial
here for alleged participation in the
"blunder" murder of Allen B. Wilson,
abruptly rested their case today with
out offering any testimony in defense
of the gangster.
The defense rested after the prose-
cution had put almost a score Of
witnesses on the stand in an effort
to prove McDermott was one of the
gunner who killed Wilson, news
paper carrier, in Takoma Park. Md,
on the morning of October %. 1884.
Lawyers for McDermott. also known
as John (Slim) Dunn, contended the
State had failed to produce a case
against him.
The case was to reach the jury
this afternoon, following conclusion
of final arguments.
Wilson was killed by mistake as he
delivered newspaper to the Takoma
Park home of Edward Mickey Nc
Donald, Washington gambler
A closing argument was delivered
LAY "lllullf n OIdbC dbOOA
for Allegany County, who is assisting
James H. Pugh Of Montgomery County
in prosecuting McDermott.
Defense Assails CIeary.
Defense Attorney Fuller Barnard
then called on the jury to disregard
the testimony of William H. Cleary,
Philadelphia gangster, whom he de-
scribed as monster and fiend in
the shape of a man" Cleary, himself
under indictment in the case, turned
States evidence on a promise of I'M
munity.
Barnard described Mcdonald as
Mickey the Mouse or Mickey the
Louise" He repeated the term often,
while spectators Uttered and McDon-
aid grinned.
Mrs. Mcdonald, blond wife Of the
intended gang victim. was recalled to
the stand today to specify the date
when she saw McDermott in an auto
mobile prior to the Staying.
Miss Elizabeth Mayo Of Richmond
testified regarding a telephone con-
versation she had with McDermott
from Washington in October, 1884.
Lawrence Vermillion. Washington
telephone executive, the last State wit
ness, identified records concerning the
date of the call. No testimony was
given as to what was said between
McDermott and Miss Mayo, however.
Testifies TO Past Clashes
Mrs. Elsie Bond, put on the stand
by the state, testified Cleary and Nc
Dermott had clashed frequently in the
past. The defense lawyers indicated
they might use this to impugr Cleary's
motives in duplicating McDermott.
According to Cleary. Wilson was
slain through mistake by five paid
killers.
The gunner. Cleary testified, were
hired by Albert S. Sutton, Washing
ton gambler and convict. The idea
was to dispose of Mcdonald and take
over his gambling business.
Mcdonald treated a crowded court
room to many laughs yesterday when
he took the stand and displayed much
boredom and annoyance.
Sutton Trial to Follow.
Sutton will go on trial here as soon
as the court disposes of the McDer-
mott case. Sutton and McDermott
obtained change of venue following
the conviction in Rockville several
weeks ago of Ernest w. Myers, who
was sentenced to life imprisonment.
Cleary said the hired killers were
Claude Bailey, Tony (The Singer
Cugino, McDermott, Myers and him
self. Bailey was killed last Summer
in an attempted escape from Lorton
Reformatory.
Cugino hung himself more than a
year ago in a New York cell after
describing his bloody career as gun
man to police.