The Daily Express

Doubt Of Identity 'Is Cited By Judge Sherer

BY JIMMIE N. JONES

A verdict of not guilty was issued today by Chief Justice Paul Sherer in the case of city building inspector Edward T. Kuykendall, 35, of 2634 Lakeview Ave., charged with trespassing on property at 116 Dudley St. on the afternoon of Jan. 5. Justice Sherer said there was "doubt of identity" of the man whom Mrs. Della Thomas, 62, alleged attempted to break into the home. The verdict followed final arguments by City Prosecutor Maurice A. Russell and Defense Attorney Don E. Sproul, and after another city inspector, Harry Beam of 820 Leland Ave., had revealed to the court a record of his and Kuykendall's activities on the day Mrs. Thomas charged Kuykendall had attempted to break into the Dudley street home.

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Dudley street home.

Judge Sherer yesterday ordered two city detectives, Jack C. Peake and Ray Schlangen, to search Kuykendall's house for clothing similar to that worn by the man Mrs. Thomas accused of trespassing. Mrs. Thomas has testified that the trespasser was wearing a gray tweed top coat and light gray pants.

The detectives reported they found a gray tweed suit coat and light blue pants in Kuykendall's home, but nothing that tallied with the description of the clothing Mrs. Thomas gave.

Several witnesses had testified during the three-day trial that they had seen Kuykendall dressed in a brown leather jacket on Jan 5. They had also placed Kuykendall in other parts of the city at the time he was alleged to have attempted to break into the Dudley street home.

Mrs. Thomas had accused Kuykendall of attempting to enter the house by the front, side and rear doors. She said the alleged trespasser ran from the premises when she warned him that a police officer lived in the house. She later identified Kuykendall as the man she had seen trying to break into the house.

Kuykendall denied the charges and subsequent testimony substantiated his statement that he had been elsewhere at the time a man is alleged to have tried to break into the Dudley street home.

Following his arrest, Kuykendall was suspended from his position as city inspector pending the outcome of the case.