Evening star., 1942-03-24
EkIund Granted
New Trial in
Sniper Sayings
Charge Of Perjury
Against Witness
Bosis of Action

Justice James M. Proctor In
District Court today granted q
new trial to John Eugene Ek-
lund, 26, convicted Of firSt-de.
gree murder as Washington's
"Sniper," on the ground that one
of the Governments star wit
nesses allegedly committed per-
juryt at the trial by withholding
information about his own
criminal record.
Convicted in the Staying of Hylan
G. McClaine, IT, colored. on Octobef
IS, 1910, Eklund was sentenced to
die in the electric chair May 49,
Represented by Attorneys Harry
T. Whelan and James r. Kirkland,
Eklund recently withdrew his app
peal from the murder conviction
from the United States Court of Ap.
peals and sought a new trial on the
ground that Herbert Ray, a waiter.
who recently was given to II years
on a housebreaking and larceny
charge, lied on the witness stand.
According to the defense, Ray de.
MED he had a previous criminal
record.
Assistant United States ATTORNEYS
John w. Fihelly and Charles B.
Murray, who prosecuted Eklund,
brought to the attention of the de-
fense their discovery that Ray had
O criy,,ipo1 raoorI The Covn~,~.a.k
contended, however, at the recent
hearing before Justice Proctor on
the new trial motion that the con-
yiction of Eklund should stand even
If Rays testimony was eliminated.
Memorandum Opinion Filled.
In his memorandum opinion Jus.
tice Proctor asserted:
The defendant Eklund was tried
and convicted of murder in the first
degree and sentenced to death. He
appealed. With the case pending in
the Appellate Court the defendant
fled in this court q motion for a new
trial upon the ground of newly.
discovered evidence. ?
In brief, that evidence consists
in the recent discovery that at the
time of the trial Herbert Ray, wits
ness for the prosecution, had q
felony record and by deliberate per-
jury concealed the same, as we'll
as his true identity The case has
been remanded to this court to hear
and decide the motion. After full
argument and consultation, I am
convinced the motion should be
granted.
The testimony Of the witness Ray
bore heavily upon almost every as
pect OF the case as presented by
the Government. The influence Of
that testimony necessarily depended
upon the degree of credibility ac-
corded by the jury to the witness.
Had the jury known that he served
penitentiary terms for housebreak-
ing and forgeries; violated probation
| extended by the court; assumed
false name, and deliberately per-
jured himself by denying those facts,
the weight of his important testi-
mony might, and likelyFould. have
been seriously damaged. But the
truth was only recently discovered
when Ray pied guilty to series Of
felonies, which led the prosecuting
officers, with commendable fairness,
to inform Eklund's attorney, who
thereupon followed with the present
motion. !
The circumstances bring the
facts fairly within the range Of
newly discovered evidence. That
evidence is not only material, in 3
legal sense, but in its very nature
bears strongly upon the credibility
of avery important witness against
the defendant. 4
Testimony Reviewed.
The defense recalled that Ray had
testified that Eklund had purchased
bullets similar to those which the
Government claims were used in the
Staying, that he went with Eklund
and saw him go behind some bushes
and deposit firearm, that Eklund
wanted to dig some bullets out o3
tree, where he had been holding
target practice, and that Eklund
talked to him about the McClaine
shooting. The killing occurred at the
Rock Creek and Potomac Parkway
near K street NV. Eklund's muir
der trial was held early last june
Attorneys Kirkland and Leonard
P. Walsh represented Eklund at the
murder trial. and more recently At
torney Whelan entered the case