Evening star. [volume] (Washington, D.C.) 1854-1972, 1948-09-22
Both Sides Rest
|At James Trial
In Brill Staying
Court Again Refuses
To Dor Admission
Of Signed Confession
BY the Associated Press

VT Si9neo NonTeSSion :
BY the Associated Press
BALTIMORE, Sept. 22.--With Q
signed confession admitted as evil.
lence, both sides rested today in the
rial of Eugene James for the knife
Killing OF 1l-year -old Marsha Brill.
Defense counsel for the 3l-year-
Did colored janitor-handyman once !
more renewed objections to adrnis- 4
sion of the statement but was over. !
ruled.
Marsha was stabbed to death last
July while cycling with two play i
mates. James was arrested that
night and his statement was made
two days later. He also Is under
indictment in Washington for the
Rock Creek Park murder of Carol
Bardwell, also II, on June 81.
James is on trial before Judge
Herman M. Moser in lieu OF jury.
Inspector Recalled.
The State closed its case with the
recall of Inspector Joseph Itzel of
the Baltimore police. who went over
previous testimony about a tour
which ended in discovery of nine
inch butcher knife.
The defense also rested after
calling two witnesses and introduce
ing statement of a neighbor. Each
side was given one hour for argu-
ments.
Charles H. Houston, colored,
Washington attorney. asked again
that the James statement be strick-
en-, contending it was obtained under
duress. He also objected to admis-
sion of the knife and other evidence
on the ground it was uncovered
through duress.
Judge Moser overruled him.
Mrs. Bessie James, so, mother Of
the accused, testifying for the de-
Tense, told the court that James left
home about II am. July 6 about
an hour and a half before Marsha
died. He was wearing blue shirt
and light trousers, she said.
Shown C0VerallS.
She was shown a pair of cover
alls, identified by State witnesses, as
having been worn by James that
day. She testified he did not have
them on when he left home and that
she had never seen him wearing
them.
Mrs. James also testified that
about the time of the killing her
son had suffered from several head
aches, and from nosebleed.
Admission of the statement came
Yesterday after a day-long fight by
attorneys for the janitor to have
it excluded. They sought to prove
medical witnesses that
James statement was not the volun-
tary admission of a sane man.
Psychiatrists termed him a low
grade moron. Some, however, testi-
fed he knows the differepce between
right and wrong. Y
Told Of "Dizzy SPELL"
The statement related how he saw
Marsha and two playmates riding
their bicycles along a roSd near the
Pimlico Race Track and, as Marsha
passed, this dizzy spell came down
on me and I don't remember Moth
ing"
The signed statement continued:
@. You had a large knife with
you?
"a. had it in my belt.
@ when you took this knife out
of your belt did you grab it by the
handle?
"A. I had it by three fingers. All
remember was doing like that He
indicated jab to the Left
@. With this pencil show us how
you stabbed the girl.
"A. Indicated jab into the girls
stomach and left jab with right
hand holding the knifeD
Knife Buried in Woods.
1t went on to relate how the knife
was buried in the woods and the
burial spot marked with little sticks.
At another point Of the eight
page document, this sequence Of
questions occurred:
"Q-Why did you take 1t (ths
knife with you?
"A.-That's something I don't
really know why I took 1t.
"Q.-Do you know why you
stabbed the girl?
"A--No. I don't.
"Q.-Did you have any intention
to rape the girl?
"A.-No.
"Q.-Did that thought strike you
at all?
At was not in my mind at all"
d. C. Detectives Not Called.
Three Washington detectives had
been scheduled to testify but 1t was
agreed by both sides that they
merely would have said they wit
messed the signing of the statement
by James and were not present as
1t was being taken. They were not
called to the stand.
James also Is under indictment In
Baltimore on charge OF raping q
38-year-old housewife.
In their battle to keep the state
ment from being admitted, defense
counsel called James mother to the
stand.
She told how he quit school at the
age Of IA when he could get no
further than the fourth grade. She
said he was hit on the head with a
loaded cane during a fight when he
he was II, and has not been normal
since.
Psychiatrist Testifies.
Mrs. James was followed by Dr..
Philip F. Lerner, Baltimore PSYCHE
artist
He called James a mental defec-
tive, a low grade moron, a defective
delinquent with a mental age Just
under TO-"
DR.. Manfred Guttmacher. PSYCHE
atric adviser to the Baltimore SUI
preme bench, said James mas a
severe mental disorder. that he
makes up things and may not realize
he is making them up, that he tries
In crude sort OF way TO pose as q
crazy man. but that he Is not def
nitely insane.
DR.. Guttmacher said that James