Evening star., 1938-06-29
SCHE|D TRA|LED
SLAIN MUSICIAN,
PROSECUTOR SAYS
Declares Officer Watched
While Daugherty Visited
Wife's Parents.
FALLS CHURCH SCENE
DESCRIBED TO JURORS
tate's Attorney Demands Guilty
Verdict and Asks Jury to
Determine Degree.
BY w. H. SHIPPEN, Jr.,

StAn CORRESPONDENT OF Inc Star.
ARLINGTON COURTHOUSE, Va,
June 29-The charge that Policeman
Edwin Scheid of Falls Church delib-
erately trailed his victim was made
today at the suspended officers trial
on charge of numbering Theodore B.
Daugherty, 81, Washington musician
In his opening statement to the jury
Commonwealth Attorney Lawrence
Douglas said the prosecution would at
tempt to prove the 23-year-old police
man watched Mr.. Daugherty while he
u. was visiting his wife's parents, Mr..
and Mrs. George c. Frazier, in Falls
Church early on the morning of
March 20.
The prosecutor demanded a guilty
verdict and asked the jury to de-
termine the degree of guilt. He ex-
planned that verdict of first-degree
muSder should be supported by evi-
dence of "willful and premeditated"
slaying
Played at Chimney Villa.
Mr.. Douglas said Mr. Daugherty
went to the home of Mr.. and Mrs.
Frazier about am. Sunday, March 90
He explained that the slain man was
an accordion player who had been en-
tertaining at the Chimney Villa on
Lee Highway, about three miles from
Fairfax, Va.
The prosecutor told the jury Mr..
Daugherty drove up to the Frazier
home with his brother-in-la Harry
Frazier. He said Mr.. Frazier excused
: himself for moment and then re-
turned in time to hear Mr.. Daugherty
In angry conversation with Officer
Scheid.
Mr.. Douglas said the evidence will
show that Scheid later pursued Mr.
Daugherty's car while accompanied by
Falls Church Policeman Herbert Knox,
"a, suspended also and under indict-
ment for aiding and abetting in the
shooting.
Mr.. Douglas explained that Mr..
Daugherty died in Washington hos
pital without zegaining consciousness,
and the fatal bullet, WHICH struck him
In the head. will be traced by expert
testimony to Of1icer Scheid's service
gun. ,-.
Guilty Of Four Grimes.
In his opening statement to the
jury Defense Counsel Frank L. Ball
declared he would show that Mr..
Daugherty was guilty Of four crimes
during the night in question. He said
these were speeding, driving while un-
der the influence of liquor resisting
arrest and deliberately trying to run
down the two officers.
Mr.. Ball reconstructed the fatal
shooting, which, he said, occurred
after the musician deliberately at
tempted to run down the policemen"
When the officers were forced to leap
to get out of the way of Mr.. Daugh-
ertys automobile, he said, they stum-
bled into each other. Then, Mr.. Ball
continued, they Immediately began
firing at the tires on Mr.. Daugherty' S
Gar. He said the defense would prove
that one of the bullets pierced tire
and that another went through q
fender.
I'VE will show that the last two shots
fired by the defendant were discharged
while he was on his back on the
ground" the attorney declared. I'VE
will also prove that this was the first
time the officers pulled their guns
during the chase"
He declared the defense would prove
that Mr.. Daugherty was driving at a
speed of 80 miles an hour at one point.
The first witness called was DR.. w.
G. Welburn, coroner of Arlington
County, who testified that the bullet
which caused Mr.. Daugherty's death
entered the base of his brain.
The jury, selection of which was
completed at 10:15 am, consists OF
the following:
Edward Brown, Archie v. Hawkins,
c. r. Boss. Harry M. Newman, George
F. Cook, F. H. Eastman, M. j. Cesk-
cry, jr.; Alfred E. DeGroot, c. P.
Dean, Frank Taber, John c. Oleff
and John A. DaWkins.