Evening star., 1944-11-29
One Of Three Charges
AGAINST Bratcher
Quashed by Judge
One Count Of Toking
Benzedrine Dropped;
Jury May Get Case Today

A Federal Court jury in Alexan-
dria prepared today to deliberate
on the fate of Everett NJ (Washie)
Bratcher, Washington band leader
charged with draft evasion, after
one of the three counts against the
defendant was dropped by order OF
Judge Robert N. Pollard.
The court ordered a directed YER
dict on the first of the three counts,
which charged Bratcher with taking
benzedrine to raise his blood pres
sure prior to an induction examina-
ton at Fort Myer, August %, 1913.
The remaining count against
Bratcher alleges a similar offense
in November in failure on the part
Of the defendant to inform Army
authorities that he had used benze-
drine tables when asked If he had
taken medication.
The maximum penalty on each
count is five years imprisonment
and $4,000 fine.
Defense Calls Case Weak.
In his final argument before the
jury, Assistant United States At
torney George Humrickhouse de-
manded a verdict of guilty. He
described Bratcher's preparation for
the induction examination as "a
night of carousing and taking Of
whisky and benzedrine."
Defense Counsel T. Edward O'Con-
nell reminded the jurors that the
fate of Bratcher rested in their
hands-that it was up to them to
decide whether Bratcher was "a
craven coward and disgracefuI
renegade"
Mr.. O'Connen appealed to the
jury not to be Influenced by their
personal feelings.
Maybe you don't like boogie
Woogie or 1--WE" Mr.. O'Connell said.
Il don't either. But remember 80
years ago people were saying the
younger generation was going to the
dogs because of the bear hug and
the bunny hug"
T. Brooke Howard. another de-
fense attorney, told the jury he had
never seen evidence as weak as
in this case"
The case was expected to reach
the jury early this afternoon.
The defense rested its case late
yesterday 212 hours after the prose-
cution had completed the presenta-
ton of its evidence
Last defense witness yesterday
was Bratcher who denied that he
had taken benzedrine before being
examined at the Fort Myer induc-
ton station with the intention Of
raising his blood pressure. Bratcher
said he had used benzedrine since
1886 or 1887 when he was studying
law here.
Denies Any Statements.
| He denied that he had ever told
any one that he cid not want to
go into the Army and that he had
said he would raise his blood pres
sure through the use of benzedrine.
He said statement by Betty Nc
Hugh, 19-year-old singer, that he
had told her few hours before 60
ing to Fort Myer his intention OF
using benzedrine so he would be re-
jected was prompted by petty
viciousness.
Also appearing for the defenss
was Mrs. Frey Eunice Eddy, who
came from Providence. R. l., to
testify that she was with Bratcher
and Miss McHugh in the band lead
er's apartment the night before his
first induction examination in Au-
gust, l943, and that they stayed Up
all night. She said she heard none
of the conversation related Monday
by Miss McHugh concerning
Bratcher's use of benzedrine to raise
his blood pressure
She said the orchestra leader was
very nervous" Mrs. Eddy also
said she became sleepy toward dawn
and that Bratcher offered her two
pills which she found out later were
benzedrine.
Il didn't know what they were"
she said. He said they would pep
me up. They did pep me up. In
fact Id like to have one now."