Evening star., 1948-05-20
Holmes Death Asked
Aoain in Girls Assault
As Case Nears Jury

The death penalty was demanded
again this afternoon for Theodore
M. Holmes as the case against the
2O-year -old colored laborer charged
with raping and critically beating
9-year -old girl neared jury in Dis
trict Court.
In his closing argument, Assistant
United States Attorney John c..
Conliff, jr., told the jury they never
had heard of a more brutal, unpro-
voked attack than the one which
occurred on the evening of March
l8 in wooded ravine behind the
little girls home in the 2600 block
of Morris place NE.
The chief prosecutor declared "you
have evidence beyond any reason
able doubt that this defendant &C,
tnally did rape the child" in addi-
ton to breaking one leg in two
places and beating her. about the
body and head. The proof of rape,
he said, included the girls story
from the stand. the testimony of
physicians and the defendants own
admissions to police, psychiatrists
and relative.
Instructions Due Today.
Justice Edward M. Curran was to
instruct the jury later this afternoon
and the jury of four women and
eight men, including four colored
members, was expected to receive
the case before court adjourns for
the day
In his final argument, Defense
Counsel Wesley S. Williams sought
to cast doubt on testimony of physi-
clans and the child that rape actu-
ally had occurred. He expressed
fear that the nature of the charges
against Holmes might appeal to the
low instincts" of certain elements
of the public.
Mr.. Conliff had declared that
while Holmes is of sound mind, he
is vicious and a menace to the
community" and deserves the death
penalty. He declared Holmes at
first tried to blind the child by
gouging her about the eyes with his
thumbs so she could not identify
him later. He added the man then
apparently changed his mind and
tried to kill his victim whose nude
body he tried to cover with leaves
beside a fence bordering the Ma
tional Arboretum. The unconscious
child was found few hours later
by searching members of her family
Psychiatrists Testify.
Two members of the ST. EliZabeths
Hospital staff, DR.. Edgar Griffin anc
DR.. William G. Cushard, told the
jury today they believed Holmes
was of sound mind and capable o1
differentiating between right anc
wrong, although in their opinion
he could be classed mentally a:
dull normal" or a "high-grade
moron"
The doctors said they examined
Holmes on March 20 and again or
April 7 at request of District offi.
cials. They said Holmes at first de-
clared he had a lapse of memory or
the night the girl was attacked, but
at the second interview made 6
complete and detailed statement o
how he had assaulted the child.
On the stand late yesterday
Holmes told the jury he could re
member nothing from the after
noon of March 18 until he "wok'
up at police headquarters the fol
lowing day.
Judge Curran asked DR.. Cushart
if it would be possible for a person
who had blacked out mentally II
recall details of what occurred dur
ing this period at later date.
Amnesia Would Have Been Noted.
/ IT doubt it, the physician re
piled. Both experts testified tina
in their opinion Holmes was men
tally responsible on March l8 be
cause If he had been suffering iron
amnesia some traces would haV
4 been apparent when they examines
him two days later.
4 Defense Counsel Maurice F
Weeks sought to 60 into tn
sociological background which h
said produced men like Holmes, bu
the prosecution objected to this lin
of argument to the jury and Judg
, Curran said to the counsel: "Yo
may 60 ahead, but don't try t
? blame the community for wha
happened in this case" Mr.. Week
Is colored.