Evening star., 1949-12-06
Wagstaff Gets
Two-Year Term
In Assault Case
Bod Boy Sentenced
For Brondishing Knife
At Family Maid

Joseph A. Wagstaff. 21-year-old
Chevy Chase bad boy" was
sentenced in Montgomery County
Circuit Court today to two years
in the Maryland House of Cor
rection on a charge of assaulting
his family maid.
Judge Charles w. Woodward
told the. youth he was not con-
sidering any "rumors' about Wag-
staff's conduct in Jail in imposing
sentence.
The judge was referring to an
attempt by Wagstaf and two
other prisoners to break out OF
the Rockville Jail yesterday. A
week ago, two OF Wagstaft' S
friends had attempted to smuggle
saw blades into his cell.
The sentence was the same as
that handed down in Bethesda
Police Court last January, from
which Wagstaf had appealed.
Judge Woodward said he believed
The lower courts sentence was
very reasonable"
Refuse to Defer Sentence.
Earlier, Judge Woodward denied
a request by Wagstaff's attorney,
Thomas Ahearn. to defer SEN
tence pending a psychiatric ex-
animation of the youth.
Il am firmly convinced" Mr..
Ahearn declared, that his actions
in this courthouse were those of a
person who is not normal"
Mr.. Ahearn said he had repre-
sented Wagstaff before and felt
his previous ofenses were caused
by drinking. Since that time,
however, the attorney said, he has
changed his opinion and believes
now that Wagstaff's sanity has
become affected"
Plea Too Late, Judge Says.
Judge Woodward told Mr.
Ahearn, however. that IF you
thought this man was insane, you
should have brought it to the
courts attention before the trial.
You knew as much about him
then as you do now, but you
didn't suggest insanity before" :"
Montgomery County Sheriff
Frank Davis said he and Deputy
Sheriff George McCeney and H.
Leslie Carlin, accompanied by a
police escort. would take Wagstaff
to the House of Correction at Jes-
sup this afternoon.
After the sentencing Mr. Ahearn
told reporters that Wagstaff,
whose age had previously been re-
ported as "a, had falsif1ed it in
order to enter the Navy.
He said Wagstaff's sanity may
have been affected by his wartime
experiences.
Jailer Joseph Moxley. ST. and
a trusty, Norman Shirley. 80. COL
ored, broke up the attempt by
Wagstaf and two other prisoners
to flee after desperate fight
which ended when a police alarm
was sounded. Mr.. Moxley suf-
fered superficial head injuries in
the fight yesterday.
County police kept a special
watch on Wagstaff last night. Of
ficers took particular pains not to
leave him unnoticed for more
than 10 minutes at a time.
Mr.. Moxley said assault charges
had been preferred against the
three who participated in the
futile break. A date for hearing
on these charges has not been set.
Quickly Found Guilty.
Wagstaf's latest conviction stems
from a complaint by a colored
maid, Frances Tolson of 1922
Fifteenth street NV, who con-
tended she lodged when Wagstaff
came at her with knife. Wag-
staff denied attempting to stab
the maid but jury took only five
minutes to find him guilty.
Wagstaff had appealed a con-
viction by Trial Magistrate War
rem Browning, who said at the
Police Court trial in Bethesda that
q "psychopathic personality like
Wagstaff should not be left at
large" Mr.. Browning contended
the Maryland General Assembly
and society failed to provide ade-
quate facilities in the State for
such cases.
Since he received a medical dis
charge from the merchant marine
Wagstaff's criminal record has in
cluded charges ranging from
simple assault to auto theft.
In June, 1916, he was convicted
of the shooting of a Washington
friend over a gambling debt in Las
Vegas, New, and was sentenced to