Evening star., 1941-09-09
Police Document Omitted.

Assistant United states Attorney
John w. Fihelly, however. closed his
case with testimony lasting only 3
hours and IS minutes from II of
some 80 witnesses originally sum-
moned. The principal omission was
testimony by police to an alleged
written confession given by the de-
fendant. Instead, Mr.. Fihelly relied
on a verbal confession as related by
the girls father.
In his argument to the jury, Mr..
Finely declared that "if you're going
to stop cases like this, there is only
one proper way to do it-return a
verdict of guilty with the death
penalty"
Defense Attorney David A. Hart,
assigned to the case by the court.
told the jury that '"if man is guilty
of such a crime, I will agree with
the Government that he should be
punished-but I ask and pray that
you weigh the evidence carefully as
provided by the laws of the country"
Tries to Establish AIibi.
Robinson's defense was based
largely on mistaken identity"
coupled with his emphatic denial
that had confessed attacking 'the
little lady" in a conversation with
her father. Vainly did Robinson
try again and again, through his
counsel, to establish an alright
alibi as to his whereabouts during
the hours near those of the attack,
which occurred between 10:40 and
IL am.
Robinson claimed that shortly be-
fore and after this time he was at
houses answering want ads in search
of job. He claimed he was at the
home of Peter Drury, a retired
banker, 1921 Rhode Island avenue
N. W., about 1890 and at an apart
ment house at 5051 New Hampshire
avenue about / 80 o'clock.
Neither Mr.. nor Mrs. Drury could
identify Robinson as among those
coming to answer the advertise
ment, however, and further said
men answering the ad had come
about 10, not 10:30 o'clock. Mrs.
Phoebe Stein. 1882 Columbia road
NV. did identify Robinson as hav-
ing been to the New Hampshire
avenue apartment she manages
about lis or 1870 o'clock.
Indicates He Was Framed.
All said there was no indication
the callers at their places we're
drunk, although the Government
had charged that the attacker Of
the girl had been drinking wine.
Robinson, at one point in his
testimony, indicated he thought the
police had framed" him at the
lineup where the girl identified
him as the attacker. He said he
heard some one behind him re-
mark, "We're getting tired of be-
ing on wild-goose chase. You can
afford to say he's the man." He
could not identify who said 1t.
Admits Previous Attack.
Robinson admitted on the stand
that he had been sentenced to a
15-year term in West Virginia for
attacking a 9-year-old girl. but
Justice ODonoghue cautioned the
jury in his charge to use the evi-
dence only in forming an opinion
on whether Robinson was likely to
be truthful.
The Governments case was wo-
ven around the girls identity of
Robinson, the confession allegedly
given the father and a white straw
sun helmet that was found near
the scene of the attack. Robinson
admitted having q hat that was
similar, except his, he claimed, had
a black band that was lacking on
the one introduced into evidence
by Mr.. Fihelly. Alexander Reynolds,
colored, who lives near a riding
academy to which the girl was
going when attacked, found the hat
when his dog had started barking
at 1t, he testified.