Evening star., 1943-08-31
Venue Change
In CIafterbuck
Trial Indicated
Insonity Defense
In Mass SIoying
Cose Expected
p stan CORRESPONDENT Of rhs star.

Il
BY stan Correspondent Of The star.
LEESBURG. Va, Aug. 31.---
Chances were slim today that
Thomas William Clatterbuck, ac-
cused OF the murder of five persons,
would be tried in Loudoun County.
Proceedings in the murder trial,
which specifically alleges that Clat-
terbuck killed Walter Russell on
June l, were interrupted late yes
terday afternoon to give Defense
Counsel Maj. Robert A. Mcintyre OF
Warrenton an opportunity to pre-
pare afndavits to support his rno-
ton for a change of venue.
Judge ]. r. H. Alexander, presid-
ing in the Loudoun County Circuit
Court here, yesterday indicator
strongly that he would grant suc1
a motion, which would move til
trial to some other county in virk
ginia. Judge Alexander said he
would be inclined to give seriouS
consideration to the motion after al
day in which only six OF the so.
veniremen summoned to court for
the trial survived examinations. I
venire Change Dropped. i
Maj. McIntyre's motion originally
was for change of yenire, which |
would mean that jurors from some /,
other county would be imported for
the trial. Commonwealth Attorney |
Charles F. Harrison said he would !
concur in this motion. 1t was at
this point that Judge Alexander said |
he would be more inclined to con-
sider' a change Of venue than a /
change of venire. Maj. Mcintyre
said he would change his motion to |
conform with the judges implied
suggestion.
A change of venue would mean
the removal of the trial to another |
county. If the proceedings were
moved to either Fauquier or Rap
pahannock Counties. Judge Alexarl-
der would still be allowed to preside
because they are in his circuit. The
judge indicated, however, that he
believed the trial ought to be held
"in some distant county" which {.
would mean not only new jury and
prosecutor but new Judge Mr.. !
Harrison, If custom we're followed, .
would be permitted to participate in |
the trial as an assistant to the
prosecutor of the county to which
the trial was assigned.
Clatterbuck, who. the State
charges, killed Mr.. and Mrs. A. Nor
ris Love, their son, James, and their
tenants, Mr.. and Mrs. Walter Rus
sell, listened intently to the pro.
ceedings as they unfolded yesterday.
Only once did his eyes stray from
the judge or the attorneys or the
prospective jurors That was when
virtually all OF the spectators had
left and Clatterbuck was brought
back to be present while counsel dis
cussed presentation Of the motion
for change of venue. Then he sur
veyed the empty courtroom in an
attitude of bewilderment and In
ssS4ulity.
Remains Calm in Court.
Clatterbuck came into the court@
room for the morning session dressed
only in dark trousers and neat
white shirt. In the afternoon, he
had added blue serge coat, but still
no necktie. He was led from the.
Leesburg Jail, several hundred feet
from the courthouse, down the main
street in handouts. A State trooper
led the way and another followed
the prisoner. The handouts were
removed in an anteroom of the
court and the prisoner walked calm-
ly into the trial chamber and took
his place. During all Of the pros
ceedings, he remained calm and in@
tent on the proceedings. His haif
was neatly combed, his face smooth@
shaven, almost cherubic.
The long parade of prospective
Jurors began Immediately afteE
court opened at 10 am. and con*
tinued for nearly five hours. Sixty
veniremen were examined and only
six were chosen. Two of the men
protested that they were conscienx
ously opposed to capital punishy
ment Two were relieved Of jury
duty for physical reasons. The reg
manning so were excused after they
stated, under oath, that they could
not give Clatterbuck a fair trial bee
cause of preconceived opinions aS
to his guilt or innocence. 4
Four Farmers Chosen.
Jurors tentatively selected wereS
Lawrence S. Armel of Sterlinas
Fred S. Warren of Aldie, j. Nelson
Titus of Lucketts, c. R. HollandsS
worth and George Moss of Lees3
burg, all farmers, and S. T. Green
OF Leesburg, who gave his occupa&
ton as following the races"
Hot exchanges over several of tho
prospective jurors occurred during
the day among Maj. Mcintyre, Judge
Alexander and w. w. Butzner OF
Fredericksburg, who is assisting Mrt
Harrison in presentation of the case.
At one point, Maj, Mcintyre ac-
cused the judge of phrasing his
questions in such manner so as
to change the answers previously
given by the veniremen. Both judge
Alexander and Mr.. Butzner OBJ
jected to Maj. McIntyre's frequent
Interruptions of their questioning.
Both Maj. Mcintyre and Me-
Harrison conceded that the long
line of jurors who admitted preju-
dice illustrated the difficulties or
lmpanelling a jury of Loudounf
County citizens. Maj. Mcintyre pre-
dicted it would take another 200
veniremen to produce the IA addi-
tional jurors required. A jury OF