Evening star., 1946-10-18
Sc Citizens Protest Procedure
In Fairfax Staying Case

In Fairfax SIoy.
Tomorrow's hearing for a man in
dicted on murder charges and now
charged with assault and battery,
whose case twice was postponed
after he asked for an opportunity to
re- enlist in the Navy, was the OBJ
ject of widespread interest in Fair
fax County today.
Calvin e. Dove will appear before
Circuit Court Judge Paul Brown for
third time tomorrow on the assault
charge growing out OF a fist fight at
Engleside May II which resulted in
the death of William F. Williamson.
At two earlier hearings Dove has
asked for an opportunity to re-enlist
In the Navy. Judge Brown has
granted the continuances without
indicating what the disposition Of
the case will be.
Signed by Sc Persons.
| Extent of feeling by citizens in the
case was indicated in letter re-
ceived by The Star and signed by Sc
persons, including three described as
States witnesses. "a
"It has been believed by the peo-
pie of these United States that it is
an honor to serve ones country in
the armed forces" the citizens let
ter said. What honor remains if
service in the armed forces is in
ficted in leu of Jail sentence?"
Commonwealth's Attorney Hugh
B. Marsh said today he was un-
changed in his previous recommen-
dation to the court to impose a six
month Jail sentence and $500 fine.
He said the lesser charge which he
placed against Dove following the
murder indictment Is not unusual
court procedure.
In such cases, as in this one, he
said, the prosecutions evidence will
not sustain the more serious charge.
In the Dove case, Mr.. Marsh said,
the evidence will not support the
defendants intent" to kill, where
as intent Is not required in assault
and battery cases.
Citizens Letter.
The citizens letter declared:
'The commemorative Attorney
stated to these people (whose names
are among the signatures which ap-
pear below that had he known
there was so much public interest in
the case, it would have been handled
differently, but that it was too late
for him to change it now. Is public
pressure, then, the prosecutor in
Fairfax courts?"
Mr.. Marsh said today that if he
had known of the widespread in
terest in the case he would have
sought to have it tried by a jury,
providing the defendant did not ex-
ercise his right of waving a jury
trial. He said, nevertheless, he be-
lieves he has all of the evidence
and the lesser charge of assault is
all that the evidence will support.
The citizens letter, on the con-
trary, contends that States wit
nesses have not been fully heard.
Before the case was called in Cir
cult Court September 26, the citizens
said, 'rumors circulated in the
neighborhood of Engleside that wit
nesses need not appear be-
cause the case was settled"
Consequently, the letter continues,
only three States witnesses attend
ed the hearing. They said character
witnesses were called for the dead
man, but none was called to testify
as to Doves character.
Mr.. Marsh made his recommen-
dation for fine and imprisonment
at the first hearing when Dove
pleaded guilty to assault and bat
terry charges. However, Defense At
torney Wilson Farr asked the court
to continue the September 26 hear
ing to determine If Dove could re-
enlist. Judge Brown granted con-
tinuance without indicating his rea-
son for doing so.
Died Within Hour.
According to police, Mr.. William
son entered an Engleside tavern on
route with Mr.. and Mrs. Frank
Witham. Shortly afterward, Mr..
Williamson went to nearby booth
occupied by a group of men and
protested the alleged use of pro-
family.
A fist fight between Dove and
Mr.. Williamson resulted in the lat
ter being knocked to the floor. He
never regained consciousness and
was pronounced dead at Alexandria
Hospital within an hour.
Dove, who also appeared at the !
hospital for treatment of a lacerated
hand, was identified by Mr.. Witham
as the assailant and was arrested.
An autopsy established the cause
of death to be hemorrhage of the
brain and the certificate stated it
resulted from a 'tist blow on skull.
At preliminary hearing June IL,
Dove was bound over to the grand
jury and on July Is was indicted
on murder charges.
Indicted in July.
The citizens letter states that |
while defense attorneys were re-
viewing the case to the court,
~, - i