Evening star., 1953-09-19
Accused Slayer
TO Be Tried for
Attack First
PIeo by Wotson's
Counsel Denied in
Womun's Death

CCudI dI JuuSc AIcXduu6T k1OlC-
zoff yesterday afternoon denied
a request of defense counsel to
order Clarence E. Watson, jr.,
19-year-old colored bootblaCk,
tried on firSt-degree murder
charges before being tried on a
rape count.
Attorneys James c. Toomey
and Thomas A. Walden, jr..
contended in arguments that
publicity in the murder case
would prevent their client from
receiving fair trial in the rape
case. if that one was tried first.
Watson is indicted on first
degree murder charges accusing
him of numbering Miss Alyce
o. Taggart last July 5 in her
room in Scott'S Hotel for Women.
The prosecution has elected to
try Watson first on a charge Of
raping a 23-year-old airline hos
tess last May 1 in her apart
ment in the TOO block of p
street NV.
To Ask Death Penalty.
Assistant United States Attor-
ney Frederick G. Smithson. who
is assigned to prosecute Watson,
said he will ask the jury to rec
ommend the death penalty on
the rape charge. A rape con-
viction carries the death penalty
only when recommended by a
jury. Otherwise, the maximum
penalty is 10 to 80 years.
All cases against Watson are
now scheduled on the court cal
endar for November 80, instead
of November Is, the date set
earlier. The postponement was
made by the courts assignment
Office because of a Government
witness who will not be available
at the earlier date, Mr.. Smith
son said.
Mr.. Smithson said, however,
the Government plans to go
ahead on the November 80 date
with the trial of Watson on the
rape charge. If the jury fails to
convict and recommend the
death penalty on that charge, he
said. he will go ahead immedi-
ately with trial on the murder
charges.
Doubt Publicity Effect.
In refusing to order the mur-
der case tried first, Judge Holt
zoff expressed the view that a
newspaper report of Watson's
visit to the murder scene with
police could be prejudicial He
added, however:
"The average District jury is
not so easily led by newspaper
publicity" and expressed the
view that Watson could receive
fair trial despite it. Judge
Holtzoff added that it seemed
logical to the court for the Gov
eminent to elect to try Watson
on the rape charge first because
the defendant has been charged
with committing that offense at
an earlier date.
Mr.. Smithson admitted to the
court that he felt the rape case
against Watson may be stronger
than the murder case. In the
rape case. Mr.. Smithson added,
the prosecution has both cir
cumstantial evidence and an
eyewitness, the airline hostess.
Other Motions in Prospect.
The defense attorneys con-
tended, in their motion:
only after he (Watson) has
established his innocence as
concerns Miss Taggart's death
will he be able. as a practical
matter, to procure a fair and
unbiased trial" in the rape case
involving the airline hostess.
Disposal of the motion still
leaves open a number of other
defense motions, which are ex-
pected to come up for argument
later. These includes motions
asking that Watson be given a
mental examination and also a
change in venue if he is brought
to trial. The motions are on file
in the U. S. District Court for
the District of Columbia.
The indictment charging Wat
son with raping the airline
hostess also accuses him of en-
tering her apartment with in
tent to steal and Of stealing
$40.
The murder indictment ac-
cuseS him of killing Miss Tag
gart with a blunt instrument
while perpetrating a house.
breaking and while attempting
to perpetrate rape.
Watson also is named in other
indictments on charges includ-
ing housebreaking, robbery,
theft and assault.