Evening star., 1942-07-13
Ek|und Guilty
of Murder in
Second Degree
Faces 20 Years to
Life; Verdict Opened
After Capture

ATreI AOPtuIe
John Eugene Eklund, rs, who
enjoyed 81 hours of freedom be-
fore his recapture yesterday, was
pronounced guilty today of muir
der in the second degree.
The jury's verdict, which had been
in a sealed envelope since the We
niremen reached their decision Sat-
urday. was announced by the court
clerk after Justice James w. Morris
had torn open the envelope.
AS the clerk reached the word
guilty" the convicted youths
mother, Mrs. Sadie Eklund, who was
sitting in front of the courtroom,
gasped.
Faces 20 Years to Life.
Eklund, who faces a maximum
penalty of 20 years to life imprison-
ment, was eXpressionless as the
clerk read the verdict.
Defense Counsel Harry T. Whelan,
who had seen Eklund for a few min
utes before the court convened, i'm
mediately asked that the jury be
polled.
AS each juror was asked, What
say you to the defendant. John E.
Eklund," Mrs. Eklunds sobs could
be heard when each juror responded
Guilty of murder in the second
degree
Opening of the verdict was made
possible by the capture of the fugi-
tive at Ills am. yesterday by
Auxiliary Policeman Carl E. Goet-
Finger, 862 Van Buren street NV,
and Pvt. Nathan z. Ephraim, in
the Brightwood area of Washington.
Police Supt. Edward j. Kelly an
nounced today the commendation
of both officers by the District Com
missioners and 5000 reward will be
presented to Mr.. Goetzinger at 10
am. tomorrow in Commissioner
Young's Office at the District Build
ing.
FBI to Investigate.
At the same time, Attorney Gen.
eral Biddle announced he had or
dered an immediate FBI investiga-
ton into the circumstances sur
rounding Eklund's escape from two
United States deputy marshals Fri
day night.
There have been called to my
attention" the Attorney General
said, certain statements in this
mornings papers attributed to
United States Marshal John B. Col
poys, to the effect that deputy mar
shals in the District of Columbia are
not trained in the use of firearms.
These statements, coupled with Elk
lund's escape, call for a thorough in
vestigation, and I have asked Direc-
tor Hoover to investigate 1t at once"
The two marshals from whom Elk
lund escaped. Carl w. Carlson and
Robert J. Schmidt, have been sus-
pended pending results of the FBI
investigation.
Whelan Issues Statement.
Immediately after court adj
journed this morning, Mr.. Whelan
issued statement referring to the
fact that the use of a dictaphone to
record conversation between Eklund
and his former counsel had been
mentioned several times during the
trial.
Nov that this verdict has been
returned" he said, Il feel free to
say that Capt. Robert J. Barrett
assistant chief of the Detective Bu-
reaU and the present administration
of the Police Department had Moth
ing whatever to do with this vilation
of the confidential relationship that
should be permitted to exist between
an attorney and a person accused
of crime. The dictaphone appa-
ratus was not set up in a precinct,
but at headquarters.
Mr.. Whelan said he would have
to consult with Eklund before de-
cideing whether or not to take an
appeal.
The murder for which Eklund
was tried and found guilty involved
the shooting of Hyland G. Nc
elaine, colored, on october Is, 1910.
Justice Morris announced that the
defendant would be remanded for
sentence later.
Spectators Searched.
Fifteen minutes before the court
was to convene at 10 O'Clock, the
corridors outside the courtroom were
filled with would-be spectators. To
ward off the possibility of an "in-
cident," half a dozen detectives
had stationed themselves outside
the courtroom door. The specta-
tors entered the courtroom in single
file after passing under the scru-
tiny of the detectives and two dep
uty marshals. Several times the
deputies actually made a quick
search of spectators whose pockets
bulged
BY 10 am, every seat in the court
room was taken and a crowd of late
comers was turned away. No
standees were admitted.
The jury was delayed in enter
ing the courtroom because one Of
the women jurors, who arrived late,
was held up by police officers and
deputy marshals whom she had to
convince that she was juror.
When Eklund, dressed in dark
gray suit, entered the court room at
1915, he was handcuffed to deputy
marshal and several other marshals
stood behind him. AS the deputy
bent to unlock the handouts, Elk
lund turned and smiled briefly at his
mother before sitting down to face
the jury.
Immediately after the solemn
faced jurymen took their seats, JUS
tice Morris entered and said first
that sealed verdict had been filed
at the direction OF the court.
Judge Opens Envelope.
THE court is now ready to open
the sealed verdict" Justice Morris
said
The clerk handed him the sealed
envelope and Justice Morris tore it
open and handed the verdict back
to the clerk.
1t was the point of opening the
sealed verdict that had raised legal
questions never before confronted
in District Court. Had Eklund
eluded capture for one more day,