Evening star., 1949-06-28
Scott Trial Testimony
May Start Today il
Jury Is Completed
Dy Robert G. RoIlinss
ss~-, Ssrs{ { cnvvs.no~e~~.

ROANOKE. Va. June 2s-Tes-
timony In the trial OF Lee Buddy,
Scott. is. who is charged with the
murder OF Dana Marie Weaver.
his i6-year old claSsnate. was 70
begin this afternoon after selection
of the last seven men needed 70
complete the jury panel.
T. Warren Messick. chief defense
counsel, predicted the actual trial
would get under way this after
noon. He said his husky. poker
faced client would plead not
guilty" and declared all the de-
fendant wants is a fair. impartial
and intelligent jury"
A motion 10 dismiss the l6 pros
pective Jurors selected yesterday
was denied by Judge DIRK A. Kuyk
shortly after court convened TO-
day. The motion was made by
Mr.. Messick at a conference in the
judges chambers.
Mr.. Messick later told reporters
that he made the motion because
Of the "ineompetency" Of a man
selected for Jury duty having been
locked up with the prospective
jurors overnight.
One Man Excused From Duty.
Mr.. Messick would not say to
whom he referred. but the judge
announced that he was excusing
a man for reasons which he felt
are satisfactory" but which need
not be explained.
The judges action reduced the
number in the panel to IS, seven
short Of the total required.
The first venireman examined
today was excused after ne said
he was opposed to capital punish
ment. He was the fourth person
excused for that reason.
Yesterday. in a conference held
in chambers so prospective jurors
would not hear, Mr.. Messick re-
vealed he and his family had been
threatened numerous times be-
cause he undertook SCOTS de-
fense. He indicated that the job
of defending the boy accused OF
beating and smothering pretty
Dana Marie in the kitchen of the
Christ Episcopal Church parish
house the evening OF Mothers Day
was not popular In Roanoke.
Veniremen Questioned Closely.
The revelation came as the at
torney insisted that prospective
jurors be informed a defendant
is entitled to counsel and that un-
der the law the court must ap-
point someone in the event he
can not afford a lawyer. Each
venireman was asked If he bore
any Ill will toward defense coun-
sci because they had agreed to
defend young Scott.
Throughout the day in the
small, sweltering courtroom, the
defendant sat calmly and almost
expressionless. He vas clad In a
hort-sleeved, open-necked tan
sport shirt, light trousers and
moccasin-type shoes. He fingered
a small medallion which his
mother, Mrs. N. Garret Scott,
told reporters was sent him by q
friend.
Both Mr.. and Mrs. Scott were
In the courtroom, seated directly
behind their son. '."'''z
The only member Of Dana Ma
rie's family in court was her
brother. Richard Weaver.
Lee, high school athlete, Eagle
Scout and member, Of the Christ
Church choir. smiled only two or
three times during the entire day,
but conversed freely with his par
ents.
Jury Will Fix Punishment.
In Virginia. juries fix the pun
ishment within the bounds set by
statute. Conviction for first-de-
gree murder can carry the death
penalty or from 20 years to life
Imprisonment. The penalty for
second-desree murder is from 5
to 20 years in the penitentiary.
The penalty for voluntary man
slaughter is one to five years in
the penitentiary and the penalty
for involuntary manslaughter is
from one to five years In the
penitentiary, up to IL months in
jail or up to $1,000 fine, or q
combination of the latter two.
Under the indictment returned
against Scott. conviction on any
of the four degrees Of homicide
Is possible.
Most Of the men selected for the
jury panel said they were parents,
several of them having daughters
and sons about the age Of Scott
and the slain girl.
Lee, president Of his home room
class at Jefferson High School
where he was a Junior. was ar
rested the day after Dana Marie's
scratched and bruised body was
found sprawled on the floor amid
indications Of q terrific struggle.
He was taken into custody after
an anonymous telephone caller
told police his face bore long
scratches He has heen held In