Evening star., 1948-11-09
Directed Verdict
ToBeS Soughtin
kiImer SHOOTING
Edmondson Defense
| To Invoke Technical
| Point in Plea Today

A legal technicality will be in
voked in District Court today in an
effort to clear the second of two
former rookie policemen, who were
indicted for assault with a deadly
weapon after Miss Dorothy Kilmer
10, was shot and hopelessly crippled
in a Fourteenth street night club
last July.
Defense Attorney Charles E. Ford,
who won a directed verdict of ac-
quittal for Roland H. Holifield, 26,
yesterday, said he will ask Judge
Alexander Holtzoff to dismiss the
charge against the remaining de-
fendant, Wayne w. Edmondson, %,
after the Government rests its case
today.
Mr.. Ford asked for the directed
verdict for Holifield after Assistant
United States Attorney William
Hitz, in his opening statement, told
a jury of three women and nine
men that the Government would
not press the assault charge against
the former policeman, but would ask
his conviction on a charge of failing
to arrest Edmondson Judge Holtz-
off directed that Holifield be tried
separately on the latter charge.
Intent at Issue.
Mr.. Ford said he will ask for a
directed verdict acquitting Edmond
son on the ground that it is neces-
sary to show intent to commit a
crime to sustain charge of assault
with deadly weapon.
Mr.. Hitz, in his opening statement
said the Government would not
contend that Edmondson intended
to shoot Miss Kilmer, whose spina
cord was severed by the bullet he
fired, but would base its case or
the gross negligence and careless.
ness" he displayed in handling the
pistol.
Detective Sergt. John L. Sullivan
of the homicide squad, who obtained
a statement from Edmondson the
night after the shooting, will be a
witness when the trial reconvenes
this morning. In the statement
Edmondson said he did not know
Miss Kilmer and did not intend tc
harm her when the revolver went
off accidentally.
Miss Kilmer flashed a courageous
smile when she was brought into the
courtroom in a wheel chair yester-
day. She said she had danced a few
dances at the club, the Palm Grove
and went to the checkroom for her
purse, when she saw Edmondson and
Holifleld entering the club with
pistols in their hands.
Protested to EdmOndson.
Both men were off duty, and they
were returning to their table in the
club, after assisting in the arrest
OF a bootlegger on the street out
side. Miss Kilmer said she asked
Edmondson not to point the pistol
at her and that he opened the bar
rel to show her that the weapon
was loaded. A minute later, she said
the pistol went off and the bullet
entered her body.
George Stott, manager Of the
club, aroused the ire of Prosecutor
Hitz when he testified Edmondson
did not have his finger on the trig-
ger when the weapon went off. He
said the former policeman's thumb
seemed to slip off the hammer
Mr.. Hitz announced he had been
surprised" by the testimony OF
his own witness. Under cross.
examination, he brought from Stott
an admission that he knew the re-
volver could not be fired without
pulling the trigger.
Harry L. Patterson, assistant
manager Of the club, said Edmond
son knelt beside Miss Kilmer to ex-
anime her wound and then tolo
Holifleld, ITS only a scratch" After
that both men fled from the club
They were arrested about IL hours
later.
Both Holifield and Edmondson
who were probationary policemen
have been dismissed.
Miss Kilmer is patient in the
Washington Sanitarium. Sympa
thetic Washingtonians have con.
tributed to fund for treatments
which may enable her to move
about with crutches.