Evening star., 1943-09-02
Frederick County Jury
To Be Chosen tuesday
In CIatterbuck Case
Judge Alexander Admits
No Competent Loudoun
Panel Is Available

BY 2 Staff Correspondent of The Star.
LEESBURG, Va, Sept. 2.-The
trial of Thomas William Clatter-
buck on murder charges will be re-
sumed here next Tuesday when
panel of "a veniremen from Fred
erick County will be examined as
to their qualifications to hear the
case.
A defense motion for change of
venire was granted yesterday by
Judge J. R. H. Alexander in the
Loudoun County Circuit Court. The
jurist conceded it was apparent no
competent jury" could be found in
Loudoun County to try the man ac-
cused of Staying five persons on a
Purcellville farm. Victims of the
mass Staying on June were A.
Morris Love, his wife and SON,
James, and his tenant farmers,
Mr. and Mrs. Waiter Russell 9ss y
Judge Alexander agreed ta the
request to import anew panel
After having first denied "a petition
for change of venue, which would
have taken the case to some other
Virginia county,. The court agreed
with the contention of Common
wealth's Attorney Charles F. Har-
rison that the atmosphere here was
not such as to deny the defendant a
fair trial.
so Are Disqualified.
Yesterdays action followed a day
long session Monday, when only six
jurors could be obtained from
panel of so summoned by the court.
Fifty of those examined admitted
they had preconceived opinions and
were disqualified to serve. Two
others were excused for having con-
scientious scruples against capital
punishment and two were relieved
of service for physical reasons.
Judge Alexander said he did not
believe the court should be expected
to exhaust the Loudoun County
jury list of 300 before conceding the
difficulties of getting an impartial
jury. He said he was satisfied in
his own mind that competent
jury could not be obtained from
among the citizens of this county.
Some observers doubted that the
necessary 20 veniremen could be
procured from the panel of "a which
the court requested Frederick County
to send next Tuesday. 1t was point
ed out that Winchester the county
seat of Frederick County. was the
place where ClatterbuCk was held in
Jail for several weeks after his ar
rest and that many residents of that
community already had formed
opinions as to the prisoners guilt or
innocence.
Clatterbuck Is Calm.
Clatterbuck. who has remained
calm during most of the proceed
ings, broke into sobs at one point
yesterday when his attorney, Mai
Robert A. Mcintyre. told the court
that no one could be found to sign
afidavits supporting the defend
ants position for change of venue
because of the feeling against the
man in the county. The prisoner
Wept quietly for several minutes and
then dried his tears with a hand
kerchief.
Both prosecution and defense
counsel commended the citizens of
Loudoun County for the way they
behaved in connection with the mass
murder case, but the defense con-
tended that the widespread pub
licity given the case resulted in
citizens generally forming some
opinions. w. w. Butzner. who is
assisting the commonwealth attor-
ney, said that nothing which would
tend to infiame the public has ap-
peared In the press.
The press has tried only to reveal
the facts" he said. "and would have
been derelict If it had failed"
Maj. Mcintyre agreed that "the
press has its rights, and if it wants
to tell the truth about what hap
pened. it can't be deprived of that
constitutional right"
The six jurymen selected Monday
will be dismissed from service in
view of the change of venire. 1t will
be necessary to swear in 20 of the "a
Frederick County veniremen next
week to allow each side the opportu-
nifty to eliminate four men before
completing the jury of II which will
finally try the case