The Washington Tribune

ASKS NEW TRIAL FOR THREE LOGAN CIRCLE YOUTHS

Attorney Claims Verdict of Jury Was Not Supported by Sufficient Evidence

Arguments for a new trial for the three Logan Circle boys were presented to the Court of Appeals last Thursday by their attorney, John H. Wilson.

The three boys, Joseph James Jackson, Irvin Murray and Ralph Edward Holmes, were indicted by the grand jury and convicted by a jury in the District Supreme Court of a first degree murder charge, in connection with the death of Milo J. Kennedy, park policeman, who was slain last August 7, in Logan Circle.

Louie Redford Murray, Harry Montgomery DuVall, and Leroy Robinson, who were also indicted by the grand jury, were dismissed when the case was tried.

Verdict Contrary to Law

Arguments presented by Attorney Wilson for a new trial set forth the following facts:

The verdict of the jury was not supported by sufficient evidence.

The verdict of the jury was not supported by the weight of the evidence.

The verdict of the jury was contrary to law.

Because of the following errors occurring at the trial:

A. The court received in evidence over the defendants' objections and exceptions, exhibit No. 4, and other exhibits, the same being certain pictures taken many days subsequent to the date of the occurrence, without any evidence that the scenes depicted were the same or similar to the scenes on the date of the occurrence.

B. The prosecutor was permitted to ask witness Jackson, and other witnesses certain argumentative questions, to wit: If you had done the thing charged would you state it on the stand?

Misconduct of Prosecutor

C. The prosecuting attorney brought out by Lieutenant Cox that he was present at the interrogation of the defendants because of a regulation requiring his presence as a superior officer. The defendants on cross examination were denied the right to go into the question of this regulation requiring his presence.

D. Misconduct of the prosecuting attorney by attempting to bring out the contents of the statement of Leroy Robinson (who was exonerated by the jury) against the moving defendants herein when the court had previously ruled that it could not be done and after the court ruled that the same was improper argument, the prosecutor on four occasions made direct repetition of his position in the presence of the jury in defiance of the court's ruling.

E. The prosecuting attorney argued to the jury that the failure of the defendant, Holmes, to deny statements' made in his presence during the proceedings at the District Morgue was an inference of his guilt.

Charges Prejudice

F. The defendants were prejudiced in their trial by the prosecutor having a large package of bricks marked for identification, permitting them to lie in view of the jury and refused to further identify them or to offer them in evidence.

G. The prosecutor, over the objections of the defendants proved that subsequent to the date of the alleged homicide, Irvin Murray carried and possessed brass knucks in the state of Virginia.

Whether a new trial will be granted will not be known for several months.

Officer Kennedy was stoned to death last summer when a group of boys sitting in the park attacked him after he is alleged to have arrested one of their number and was carrying him to a patrol box.

Assistant United States Attorney William Collins conducted the prosecution.