Evening star., 1953-09-16
Murderer Nav
Testify Today
In Taxi Staying
Salesman Pleads to
Indictment, Valves
Trial by Jury

A talkative, confessed mur-
derer took the stand in Ar
lington Circuit Court today as
the final witness at his trial for
shooting a taxicab driver through
the back of the head during a
holdup on June "a.
Attorneys for John Clay Ken
singer. 20, an itinerant magazine
salesman from Pittsburgh, de-
cided to place their client on the
stand in an effort to counteract
the evidence of a confederate.
The latter. Richard Lee Nc
Caughey, 20, of Geneva -on-the-
Lake, Ohio, told Judge William
D. Medley he watched Kensinger
shoot Leroy E. Applegate from
point-blank range. The victim
was 46 and a resident of Takoma
Park, Md.
McCaughey insisted he had no
idea Of Kensinger's intentions
when the two of them hailed Mr..
Applegate's cab in Washington
and Kensinger instructed the
driver to take them to Arlington.
Later, he said, he was "too
scared" to do anything about his
situation.
Jury Trial Waived.
Kensinger pleaded guilty to the
murder indictment yesterday
and waived his right to trial by
jury. Judge Medley is hearing
the remaining testimony today.
He will determine if Kensinger
is guilty in the first or second
degree and will set the punish
ment.
Kensinger. according to po-
lice testimony, freely confessed
the crime after his arrest, led
officers to the scene, helped re-
enact the shooting and identi-
fled the death gun as his own.
He also voluntarily signed a
confession after his first As min
utes in custody, it was testified
Attorney. Oren Lewis, who was
appointed by the court to de-
fend Kensinger. said the stories
of the States last two witnesses
will help him to decide if the
prisoner will take the stand in
his own behalf.
Two Points UncOntested.
Meanwhile, Commemorative
Attorney William j. Hassan OBJ
tanned stipulations from defense
counsel that these points are
true and need not be subStan-
tiated by further testimony:
/. That the murder gun, a
foreign .32-caliber automatic
recovered from the woods near
the $500 block of North Glebe
road, belonged to Kensinger.
2. That the blood found on
KenSinger's clothing was of the
same type as that spilled when
Mr.. Applegate was shot to death
in his cab.
KenSinger and McCaughey
were trapped by the rapid team
work of Arlington police and de-
tectives after the body was found
not far from the blood-stained,
abandoned cab.
Didn't Want to Hang.
Kensinger's chief concern, &C
cording to Detective Walter
Kadel, was whether capital pun
ishment in Virginia was by
hanging or electrocution. The
prisoner was quoted as saying:
There's no use beating around
the bush. did it. want to get
the whole thing over with.
What does Virginia have-hang-
ing or the electric chair?"
Detective Kadel said he re-
piled. "The electric chair" and
that the prisoner said, with evil
dent relief:
That's good. I don't want to
hang!"
Shortly thereafter, the detec-
tive continued, Kensinger VOL
UNFAIRLY signed a complete state
ment and lied the procession
when they went back to the
scene to re-enact the crime.
The witness testified that Nc
Caughey offered no protest
when KenSinger'S statements in
criminated him.
McCaughey's story to the
judge was that he knew Ken
singer only casually. having met
him in Chicago shortly before
the murder. Both had been
hired with a crew to sell maga-
zines in the East.
They roomed together in a
Washington hotel. McCaughey
declared, but he never saw the
gun and never heard Kensinger
mention a holdup until just be-
fore the shooting.
McCaughey testified he heard
Kensinger's gun click several
times before his companion
leaned over the back seat and
said to the cab driver, This is
a holdup."
When the gun fired, Nc
Caughey said, he was "too
scared" to do anything but fol-
low KenSinger'S orders.
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