Evening star., 1941-07-28
Jury Is Chosen
To Try Mckenzie
In Assault Case
Curron Conducting
First Trial Since
Taking Office

IuNiuS SIIISS
Considering the case of major i'm
portance, United States Attorney
Edward M. Curran today began his
first trial since he took Office in
April, 1910, as James r. Mckenzie,
colored. 81. was placed on trial in
District Court. Mckenzie is charged
with criminally aSsaulting and rob-
bing a 26-year-old woman clerk
June "a III a cleaning and dyeing
store in the 34OO block of Fourteenth
street NV.
The Government asked for the
death penalty to halt a series of
major crimes here, officials said.
Although there was some appre-
hension that a jury might not be
speedily obtained because of wide
spread publicity given the case,
jury of IL men was selected and
sworn after less than an hours pre-
liminary investigation. The jury
was sworn at IL O'Clock in Criminal
Court No. 2, with Federal Judge T.
Whitfield Davidson of the Northen
District Of Texas presiding.
Jurors to Be Locked Up.
Judge Davidson. when he recessed
court for lunch, announced that the
jurors would be locked up for the
night and taken to and from their
meals in the custody of deputy
marShalS.
The complaining witness occupied
the stand this morning and testi-
fed about the criminal assault and
robbery on her and that on June
26, while riding around with police
men, she saw Mckenzie at Georgia
avenue and Hobart street NV. and
cried out, "Oh, my God. That's
him"
United States Attorney Curran
asked her If there was anv doubt
In her mind that Mckenzie was the
man and she asserted there was not.
She pointed Mckenzie out in the
court room.
The government has a list of some
2l witnesses which it proposes to
call.
Aiding Mr.. Curran in the prosecu-
tlon Is Assistant United States At
torney Bernard Margolius, while
Mckenzie is being defended by two
colored lawyers, John H. Wilson and
William A. Powell
Second Clerk TO Be Called.
To be called as government
witness is second woman alleged
to have been held up by Mckenzie
at gun point on June 25 in laundry
in the 1900 block of Fourteenth
street NV, taking s44O2. This
clerks name is Katherine E. Harper.
Mckenzie has been indicted sepa-
rately in the second case on a charge
of robbery, which will be tried later.
Police said the two woman victims
Identified Mckenzie at Georgia ave-
nue. and Hobart street NV. while
cruising around in an attempt to
locate him.
At the Governments request,
Judge Davidson consolidated the
robbery and criminal assault indict-
ments in the first case for trial this
morning.
Before the jury was sworn. Attor-
ney Wilson objected to District At
torney Curran's mentioning in the
presence of the panel that three
indictments are pending against
Mckenzie. The defense lawyer
moved that the whole panel stand
aside and that the case be con-
tinued.
OBJECTS to Consolidation.
The Government had just moved
to consolidate the robbery and GRIM
inal assault indictments. but Mr..
Wilson objected, and District At
torney Curran Immediately told
Judge Davidson the lawyer Saturday
wanted the three indictments
against his client consolidated and
that the court should now receive
from defense counsel a reasonable
explanation of why the lawyer op-
posed the merging of two of the
cases.
After a conference at the bench
between the judge and opposing
counsel. the selection of the jury
proceeded.
The Government asked that the
defense be required at this time to
disclose its list of witnesses, but At
torney Wilson objected. saying there
was no law requiring this and that
he was not sure whom he would call