Evening star., 1949-09-24
Sin 'ByarsGang'
Win Trial Shift
From ST. Marys
Judge Rules Stories
In Press Could Result
In Polluted Justice
Special Dispoteh 10 The Stor

John Dudley DtggeS ordered thai
they be tried in Charles County
IN November after ruling thai
newspaper articles, radio broad.
casts and State police tactics may
have made 1t difficult for them tx
obtain fair trial here.
The five. John Byars, Edward P
Wickline, Martin Freedman
Charles Bafford and his wife
Louise, were indicted on charge.
growing out Of the theft, July 18
OF a safe containing $4,000 ir
cash and checks from Garner
Bros storesat Tall Timbers. They
were arrested shortly after mid.
night the next day at a road block
at Newmarket.
Bond Set for Each Defendant.
All pleaded not guilty when ar.
raigned yesterday. Judge Digge.
set. bond for Byars at $40, 900
Wickline, Freedman and Bafforc
were held in $4,000 bond each
while bail for Mrs. Bafford was
fixed at $4,000.
Representing the five yesterday
were Attorneys Paul j. Bailey and
Joseph D. Weiner of Leonardtown
Samuel Levin and Michael S
Freedman. Baltimore, and John S
White Of Prince Georges County.
Waving sheaf of newspaper
clippings, Mr.. White. a former
speaker of the Maryland House OF
Delegates. charged that press re-
ports of the case we're false and
misleading" and that an editorial
in local weekly was "inflamma-
tory"
He centered his attack on a dis
patch printed in Washington
newspapers to the effect that
members" of the gang had been
removed from the jail here to con-
flnement in Baltimore because of
q report that a Jail delivery was
planned.
Police Sergeant Questioned.
Mr.. White called State Police
Sergt. Murray E. jackson to the
witness stand and questioned him
about the report.
Sergt. Jackson said the tip had
come from the Post Office Depart
ment's chief inspector and was
telephoned to another post office
inspector. Robert L. Terry, who
was working on the case and was
in Leonardtown at the time.
Questioning the officer as to
precautions taken to guard the
prisoners at the preliminary hear
ing. July 20, Mr.. White was told
that II State policemen were sta
toned at various points around
the courtroom, some armed with
riot and submachine guns.
Mr.. White contended that this
was "too much like Russia" and
had helped create an atmosphere
OF prejudice against his client.
Briscoe Opposes Petition.
. Opposing the petition for a
change Of venue, States Attorney
John H. T. Briscoe defended the
editorial as representing the views
OF many people of the county and
confirmed Sergt. Jackson's testi-
mony that report had come from
the Post Once Department indi-
eating that a jail delivery was to
be attempted. He said the prisoners
had been moved because of the
report, but added that the local
jail was meagerly guarded and
that 1t was not unusual to take
prisoners to other jads for safe
keeping.
Judge Marbury in announcing
the courts decision said the petit
tion involved two important prin-
cipals, freedom Of the press and
the right to fair trial"
THE court" he said, cannot
say that the press transgressed its
rights but does find that the pub
licity, in conjunction with an
unusual occurrence in a rural COM
munity, may have had a tendency
to create an atmosphere of
prejudice"
Referring to police tactics, the
court said "it does not appear that
the law enforcement agents have
transgressed their authority. What
they did was what was expected of
them. Had tley failed and had
there been untoward developments,
they would have been subject to
revere censure and criticism.
But" Judge Marbury continued,
"the court feels that these methods
and the publicity, taken as whole,
may very well have prejudiced the
right of the defendants to a fair
trial"
Revised Report Filed.
Following the decision, the
grand jury filed a revised report
which the judges had refused to
accept the day before.
Judge Marbury had ordered the
jurors to return after telling them
the report contained q paragraph
that could not be accepted. He
did not indicate the content of
the paragraph but courthouse
rumors said it related to gambling
and liquor law violations.
The court recessed the grand
jury after accepting the new re-
port which said the veniremen
had returned SO true bills and
ignored two cases after five days
OF deliberation.
Included in the report was a
recommendation that an office
building be erected adjacent to
the courthouse and that repairs
be made to various county prop
critics.
Doyle to Speak in Rockville
Representative Doyle, Demo-
erat. Of California win speak to
the Rockville Layman's Associa-
ton at 8 O'Clock tonight In the