Evening star., 1951-04-23
Trial Of Dugan
Is Recessed on
Defense Point
Court Temporarily
HoIts Proceedings to
Settle Validity Issue

The question of whether Daniel
A. Dugan can be ousted from the
Arlington County Board for acts
which occurred prior to his taking
Office this year forced temporary
halt in his trial in the county
Circuit Court today.
The point was raised by Defense
Attorney Armistead Boothe Short
ly before noon and apparently
caught the prosecution by sur
prise.
Mr.. Dugan, 34-year -old Labor
Department official, was reelected
for four-year term last Novem-
ber and took Office January /. A
special grand jury has charged
him with miSfeasance, malfeas-
ance and gross neglect of duty in
Office and has recommended his
removal from Office.
Most of the alleged offenses,
according to the grand jury pre-
sentiment occurred last year.
When the point was raised after
the trial had progressed for more
than an hour this morning, Judge
John L. Ingram recessed until
1880 pm. so that attorneys on
both sides could look up previous
cases bearing on the matter.
Prosecutor Comedies Point.
The special prosecutor, Oren R..
Lewis, conceded that most of the
acts charged by the grand jury
had occurred prior to this year
when the former board chairman
was serving out the balance of an
earlier term.
The prosecutor pointed out,
however. that evidence would
show that Mr.. Dugan had partic-
ipated in deliberations of a
special police investigating COM
mittee after January /.
The grand jury has said that
Mr.. Dugan appointed the members
of this Police Investigating Com
mittee while he was an intimate
acquaintance of Sam Lano, Vir-
ginia and Maryland pinball and
slot machine distributor.
The jury said further that one
Of the committee members named
by Mr.. Dugan, was known by the
board member also to be &C
quainted with Lano. This COM
mittee member was Joseph Lieb
the jury said.
Raises Relevancy Issue.
In raising the point of limiting
the evidence to happenings this
year, Mr.. Boothe claimed that any
overt acts during 1851 should be
produced first to show whether
there is any relevancy to acts
committed last year.
Earlier, Mr.. Lewis had consumed
a half-hour in presenting his open
ing statement.
Mr.. Dugan is an Independent,
politically, and was the first can
didate of the Arlington nom
partisans to win election over a
Democrat.
Chew Faces Similar Charge.
The grand jury also returned a
similar presentment for removal
against another County Board
member, F. Freeland Chew, a
Democrat. who won election four
years ago without the formal
backing of his party.
Mr.. Chew is accused OF accept
ing a televiSion set as a gift with
the implied understanding that
his vote would be Influenced. Mr.
CheW's case is docketed for hear
ing after the Dugan trial.
Mr.. Dugan and Mr.. Chew have
denied all charges. About two
weeks after the grand jury re-
turned its presentments against
both officials March IL, Mr.. Dugar
attempted suicide by shooting
himself in the chest with a .2s
calibre rifle. He later attributed
his act. which occurred in an up.
stairs bedroom at his home, tt
depression over having his tria
delayed and to being under thu
influence of alcohol.
Because of the official positions
held by both defendants, Judge.
Waiter T. Mccarthy and William
D. Medley of Arlington Circui
Court disqualified themselves from
presiding at their trials. Tn,
prosecutor, Commemorative At
torney Denman T. Rucker, VIII,
also is legal adviser to the Count,
Board, also disqualified himself.