Evening star., 1936-05-09
McDermott to Spend Life
in Maryland Prison,
by Court Order.
U. S. LIKELY TO WAIVE
RIGHTS TO KEEP HIM
Jury in Sutton Case Firm Against
Capital Punishment in
Findings.
BY w. HI. SHIPPEN, Jr.,

CUMBERLAND, Md, May 9.-De-
fenSe attorneys were waging a new
trial battle this afternoon in behalf
Of Albert S. Sutton, Washington
gambler, convicted last night in the
'blunder" gang killing of Allen B.
Wilson, newspaper route carrier.
Sutton, the man behind the scenes"
was the third Washington hoodlum to
be found guilty of f1rst-degree murder
imprisonment. He Is defended by an
impressive array Of counsel, who were
prepared to argue his plea this after
noon.
Sutton has been found guilty Of
hiring the gunner to dispose Of a
rival gambler, Edward G. Mickey
Mcdonald. Albert McDermott, alias
Slim Dunn, and Ernest Myers were
convicted earlier of the same crime.
Five gangsters lay in wait for Nc.
donald at the iatter's Takoma Park
home on October %, 1884 and killed
Wilson by mistake as he was delivering
a newspaper. McDermott was SEN
fenced to like term this morning.
Brought into court and asked by
the judges If he had anything TO say
before sentence was passed, he replied:
"No, sir"
Police Given Praise.
Presiding Judge D. Lindley Sloan
then praised the work Of Washington
police in breaking" the Wilson MUIR
der.
Judge Sloan ordered McDermott
held in a Maryland penitentiary for
life. 1t was expected Federal author
tiles would waive their right to re-
turn him to Alcatraz Prison, where
he has been serving a term for the
tri-State gang hold-up of the Heurich
Brewing Co. in Washington. The
Government had loaned McDermott
to the State of Maryland for trial.
Sutton's sentence was deferred
pending the new trial motion expected
to be argued this afternoon.
The jury, which returned its verdict
last night. specified against capital
punishment for Sutton. The II men
received the case shortly after 6 pm.
and returned a verdict two hours later.
Informers Face Charges.
Meanwhile, trials in Washington on
robbery charges seemed likely for the
States two informers, William H.
Cleary and Dewey Jenkins. The two
had been promised immunity in the
Wilson killing, but Washington police
lodged a retainer against them after
they had completed their testimony.
Cleary is suspected of robbing a safe
in Washington in November, 1884, and
Jenkins is alleged to have figured in
the tri-State gangs hold-up Of mail
messenger in Union Station in De-
cember, 1888.
Cleary and Jenkins left by automo-
bile this morning, under a heavy
guard of State troopers. The two
were expected to go to Rockville, but
whether they will be taken on to
Washington later today was unde-
termined.
The prosecutions final arguments in
the Sutton trial were presented by F.
Brooke whiting and States Attorney
James H. Pugh Of Montgomery County
yesterday afternoon. Pugh said Sut-
ton did not have the nerve or gall"
to do a murder, but was obliged to hire
aid. He pointed out that the defense
had attacked the character OF the
States informers.
"Hired AssasSins."
But what kind Of men would be
hired for murder?" Pugh asked. "Is
it not reasonable to believe that any
one needing that kind of help would
hire men black as the ace of spades?"
McDermott was convicted here
Wednesday. Myers was tried in Rock
vile several weeks ago and sentenced
to life imprisonment.
Public interest in the two trials
here excelled that displayed by Rock
vile citizens. The court room was
filled to capacity during both trials.
In Rockville the court room benches
we're half empty most of the time.
Cleary, the States star informer,
said Sutton hired the gangsters to
get Mcdonald because the latter was
tipping on police in his gambling
activities. The conspirators were to
take over McDonald's business. Cleary
said Sutton paid them although they
shot the wrong man.
McDermott and Sutton received
change of venue after Myers was
found guilty at Rockville.
The other informer. jenkins, said
Sutton paid killers to lay for Nc
Donald. but that he (Jenkins) dropped
out before the shooting started.
Tells Of Mcdonald Trips.
jenkins told the jury that he, Myers
and Claude Bailey went to shoot Nc
Donald but failed. Bailey was killed
last Summer as he fed Lorton Re-
formatory.
Cleary named the five killers as him
self, Myers, McDermott, Bailey and
Tony, the (Stinger Cugino), dead gun
man.
Pugh in his closing statement en-
phasized testimony Of raids on Sutton's
gambling places. He declared this
proved the motive.
Cleary testified that the conspirators
lived at Aban Towers Apartment
while plotting to kill Mcdonald. An
employe Of the apartment told the Jury
he saw Cleary with Sutton Just prior
to the shooting. Sutton was living at
the apartment just prior to the Wilson