Evening star., 1936-03-31
PLANS COMPLETED
FOR MYERS TRIAL
Dozen Witnesses Due on
Each Side in Wilson Case
Tomorrow.
By . stan Correspondent of The Star.

By stan Correspondent of The Star.
ROCKVILLE, Md, March 3l.-With
the recall of the petit jury and the
sun1moning Of witnesses, Montgomery
County court officials today completed
ARRANGEMENTS for the trial tomorrow of
Ernest Myers, one OF the four men
accused of the mistaken identity
murder of Allen B. Wilson, newspaper
route carrier.
Myers is going to trial at his own
insistance and contrary to the advice
of his attorney. Samuel Levin OF Bal
timore. Levin sought to have his
client stand on his constitutional right
for a removal Of the case to some
other county, as was done by Albert
McDermott, alias John Slim" Dunn
and Albert S. Sutton, two other de-
PENDANTS in the case.
Face Other Charges.
In addition to being indicted for
numbering Wilson. all three were in
dicted for conspiracy to murder Ed
ward Mickey" Mcdonald. reputeo
gambler. of Takoma Park, and carry
ing concealed weapons. Dunn and
Sutton also are seeking to have thelr
trials on those charges removed.
Chief Judge Hammond Urner re-
minded defendants counsel at near
ing yesterday, however, that support
ing affidavits stating why the accused
claim they cannot get fair and I'M
martial trial In the county where the
crime was committed must be nleo
with petitions for removal OF cases
which do not invalve capital PUNISH
ment.
The attorneys, Thomas L. Dawson
who represents Sutton, and Dorsey 4
Ofut who appeared for Dunn. were
given until tomorrow to file the am
davits Dawson said they probably
would be based on the contention tha'
public sentiment is prejudiced agalns
the men because of widespread pub
licity given the case.
witnesses From Baltimore.
The State is expected to call about
a dozen witnesses for tomorrow:
trial. Approximately the same number
are being summoned by the defense
Many of those, it was learned. are
from Baltimore, giving rise to the
belief here that they will be called IN
an effort to establish that Myers wa'
in that city when the crime was com
mitted.
Among the star witnesses for the
State will be three Washington detec.
tives who worked on the case fol
nearly a year before arresting the
gangsters now charged with the
murder.
The court apparently believes the
case will consume the rest Of the week
Levin sought to have it postponed
until Thursday, but Judge Urner tolc
him that was too late because Other
criminal cases are scheduled for mex
week. After yesterdays hearing F
Barnard Welsh joined Levin as defenst
counsel for Myers.
Before Myers trial starts, the court
may rule on the pleas for removal filee
by Dunn and Sutton. 1t was about
to take action yesterday. The judges
were surprised. however. to be told
that because the men were Fedora
prisoners, only few counties in Mary.
land which have jails approved by
Federal authorities could be con-
Sidered.
Pugh to Verify List.
States Attorney James H. Pugh
who enumerated the approved jails
said the list was given him verbally
by the assistant attorney general ii
charge of criminal prosecutions. III
was ordered by the court to verify ths
Information.
Myers also filed plea for removal
but revealed change Of mind at the
hearing, saying he wanted to 60 tc
trial as soon as possible. His attorney
said Myers was desperate from Ions
confinement in the death cell Of th'
District Of Columbia Jail.
- William Cleary, another man In.
dicted on the same charges that con-
front the trio who faced the court
yesterday. is expected to appear al
Myers trial as State witness. He
has been held in the jail here.
Elaborate precautions to guard the
prisoner will be followed at Myers
trial, officials said. Yesterday the trio
was given large police escort during
the journey from and to the District
Jail, where they are being held. Po-
lice also sat around them in the court
room and guarded its entrances.
Wilson was slain as he was deliver
ing a paper in front Of Mcdonald s
hay,oo in, 10oA