Evening star., 1942-02-18
Ewing Admitted
Drunkenness,
Youth Testifies
Girls Friend Tells
Of Police Quiz
In Assault Case

A young man, friend Of the com.
planning witness, testified today that
Orman w. Ewing, former Demo-
cratic national committeeman from
Utah, indicted on q charge OF
criminal assault on a girl Govern.
ment worker, admitted he was drunk
and didn't remember" the alleged
attack.
The witness, Robert H. Payne
81, a clerical worker in the Recon
struction Finance Corp, said he
accompanied the girl to No. Police
Precinct and that Ewing, questioned
by the authorities about the alleged
attack, said that he didn't think
anything like that could have hap
pened, but didn't know"
Justice James w. Morris, presid-
ing at the trial in District Court,
shortly before lunch sustained a de-
fense objection to the admission in
evidence of pathology records, pre-
sumably of the complainant, who
was identified in the records only
as Miss X"
Pathologist on Stand.
DR.. Oscar B. Hunter, pathologist
was on the witness stand, testifying
that he had received certain speci-
mems for examination from DIR.
Howard F. Kane. The defense OBJ
jected to the admission of any tes.
timony relating to a Miss X" AL
though Assistant United States At
torney Charles B. Murray told the
court that DR.. Kane is i'll but would
be called later to identify the speci-
mems, Justice Morris refused to
admit the records.
Mr. Payne. who lives in Arlington
testified that he has been in Wash
ington since last spring in the Gov
ernment service and that he for
merly lived in the HOO block of
Sixteenh street NV. where the at
tack allegedly took place. He said
he has not kept company with the
complainant since that time.
Youth Cross Examined.
Under cross examination, Mr.
Payne denied he had taken the COM
plainant on the roof of the building
in which the attack allegedly had
occurred. Mr.. Payne said that he
first met the complainant q little
over q week before the attack and
was out with her once that week
He asserted that he met her at
church on Tuesday and again ON
Sunday, but denied that she had
ever been In his room or he in hers
The Government charges that the
attack took place about q o'clock on
the morning OF Sunday, October 26
Mr.. Payne declared that he saw the
complainant Sunday about noon and
later in the church after the serv-
ices. After the complainant had told
two of her girl friends about the al
legged attack, Mr.. Payne said that he
discussed the case with her and went
to see a lawyer, a cousin OF his, who
advised reporting 1t to the author
tiles. Mr.. Payne asserted he called
the No. police precinct and after
police came, Ewing's name was men
toned.
Says Girl Under Strain.
Later, Mr.. Payne testified, he
went to No. 13 Police Precinct as
well as to Gallinger Hospital in
connection with the case.
The complainant was awfully
nervous and could hardly talk" as
serted Mr.. Payne, and in response
to a question by Mr.. Fihelly said
that he had never seen her in that
condition before.
Mr.. Payne said he was out with
the complainant the Saturday night
preceding the alleged attack, took
her to dinner. later went to a drug
store and had q soft drink and re-
turned to the house around II
o'clock. They sat in the lobby and
talked until about 1:20 am, he said.
Under cross-examination by De-
fenSe Counsel Charles Henry Smith,
Mr.. Payne said that he had only
one "run-in" with Ewing. He said
he did not testify at the preliminary
hearing In Police Court; never dis
cussed marriage with the complain
ant and denied telling her that he
was coming into q fortune in Vir-
ginia.
Mrs. Caroline w. Alexander of the
Police Women's Bureau, who &C
companied the complainant after
police were notified of the alleged
attack, testified that the complain
ant was terribly nervous and up
Set" A police lieutenant asked
Ewing if he committed the crime
and the defendant answered that
he was all nquored up and not clear
about it, Mrs. Alexander testified.
Girl Tells Story.
Medical evidence and the testi-
mony of the complaining witness
herself consumed yesterdays pro-
ceedings. The young woman ap-
peared composed as she told her
story and was subjected to cross
examination by Defense Counsel
Smith.
The girl said she had returned to
her apartment from date" on the
night of October Is and had found
Ewing and Miss Hester Chamberiin,
co-owner of the building with Ewing,
sitting in the living room. She said
Ewing offered her drink and a
cigarette, but that she had refused.
She told the jury she went to her
bedroom, secured a chain lock on the
door and went to bed. About half
an hour later, the girl related,
Ewing came into her room in his
underwear, breaking the chain lock
in entering.
Ewing threatened to kill her if
she cried out or resisted, the girl
testified.
Later that day, the girl said, she
told two girl friends about the at
tack and one of them helped her
move Immediately to a new home
After talking with her escort of the
previous evening, she decided to
notify police of the attack, she testi-
fed. She said she was worried ano
nervous and didn't want it to get
in the papers and have my parents
find out about 1t. !"
DR.. Meyer Stolar, Gallinger Hos
pital physician, who examined the