—Tuesday, D.csmb.r 1959 SENTINEL
2
Judge Pugh Testifies
More Testimony Due
:Jn Devereux Case
; A drunk driving charge
; agajnst a prominent Chevy
; Chase man who admitted he
• had 10 drinks of whisky in
' the seven hours preceding
; his arrest is being weighed In
• People’s Court.
' Trial of Joseph S. Devereux,
; jr., 3905 Bradley la., was high
• lighted last Tuesday by testl-
I j mony of Circuit Court Judge
; James H. Pugh that was favor
able to the defendant.
|' Pugh, who was summoned by
t rthe defense, told Judge Einar B.
he got the impres
•t sion from talking to the de
fendant for three minutes on
• the night of Devereux’s arrest
I that the former Marine Corps
pilot and graduate of George
town University was not drunk
J* or under the influence.
■r Pugh also told how he strong-
I ly rebuked Arresting Officer
■j D. L. Burke, since resigned,
I? “for allowing a defendant to
call a circuit court Judge at 3
•l o’clock in the morning.” Pugh
• said he told Burke that night
•; on the telephone he had put a
J- circuit judge in “a very em
•' barrassing position.”
I', "I can’t help you,” Pugh said
J*. he told the defendant when
Devereux called, adding: “You’d
*; better get a lawyer.”
•i Officer Burke told the court
Jf he did not know that Devereux,
•* a neighbor and lifelong ac
quaintance of the jurist, was
• going to call the judge. “I
I usimply allowed him to make one
jwphone call in accordance with
• iour Instructions," he said.
Jjj "If those are your instruc
•lotions,” Pugh said he replied,
going to see that they’re
•Schanged.” (A police department
la .spokesman said later no such
•nehange has been made in police
l “It would be a viola-
of the defendant’s constitu
• tAional rights,” the spokesman
jrsaid.)
• Pugh said he was “very up
set” over the 3 a m. call because
• It put him in the position of
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being called as a witness and
“if a defendant is drunk, he
should be put in a cell so he can
sober up.”
Devereux explained he had
called the judge because “I have
known him all my life and he
was the first person I thought to
call.” He confirmed that Pugh
had told him to "cooperate with
the officers and do as they say.”
Six continuances were grant
ed in the trial after Devereux’s
arrest last July 17 at about 2
a.m. State Senator Edward S.
Northrop, Attorney for Deve
reux, asked for three of
them. The legislator, a key
figure In the Maryland General
Assembly, said he did so be
cause important State legisla
tive business Interfered on two
occasions and the third was the
initial one, asked for “because
of the seriousness of the
offense.”
Events preceding Devereux’s
arrest at about 2:30 a m. were
brought out in detail during
questioning by Northrop, Judge
Einar B. Christensen and Assist
ant State’s Attorney James S.
McAullffe, jr., who prosecuted
the case.
Devereux, son of a leading
builder, told how he had at
tended the annual outing of the
Montgomery County Board of
Realtors at the Manor Club,
Norbeck. After playing nine
holes of golf, he said, he drank
a “gin and tonic” then he shot
nine more holes. While shower
ing and dressing for the real
tors’ banquet, he said, he drank
“a short draft beer.” Then he
said he drank “perhaps three”
bourbon and waters before din
ner. After the meal, he con
tinued, he drank possibly three
more bourbon and waters at
the Manor Club before he and
a small party of friends decided
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to drive to the "Gaslight Club"
in downtown Washington. He
said he had three and possibly
four more bourbon and waters
there before leaving when the
establishment closed at 2 a.m.
The prosecutor said, however,
that Dr. Hunter had reported to
him that the alcoholic content
of the specimen was .28 per
cent. Under a new Maryland
law, a driver with an alcoholic
content of .20 or greater in his
urine is presumed to be under
the influence.
Prosecutor McAuliffe told
the court that Dr. Oscar B.
Hunter, jr., pathologist, who
tested a urine specimen given
to police that night by the de
fendant, could not appear to
testify through “a mistake on
his calendar.” He promised,
however, he could appear this
Wednesday at 11:30 a.m. in
Rockville People’s Court, Mc-
Auliffe said. Both sides agreed
to recess the case until then.
Persons with Devereux that
night Jay Fitzgerald, a law
yer; Miss Florence Fisher, a
secretary, Devereux was driving
home; and Herbert J. Korzen
dorfer, architect and realtor—
testified during Tuesday’s five
hour trial that the defendant
was not in their opinion under
tke influence. Devereux him
self contended strongly he was
able to drive normally and
Judge Pugh told the lower
court that during his unwel
come call from Devereux the
caller sounder “normal.”
This was countered by testi
mony from Officer Burke to the
effect that Devereux that night
was driving on the “extreme
right and left of the road at
about 15 miles per hour and al
most hit a center strip on Brad
ley blvd. He also said Devereux
was "staggering, could hardly
stand and was very boisterous.”
At one point, the former
police private said, the defend
ant told him: “I’m Joseph S.
Devereux, jr., and you can’t do
this to me.”
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Policy Will Be Mapped
On Courtroom Violence
The County will move swiftly
to protect judges, State’s Attor
neys and juries from courtroom
violence.
State's Attorney Leonard T.
Kardy pointed out this week
during a courtroom melee two
weeks ago, when an accused
rapist was found guilty and
went berserk, he could easily
have drawn a gun or a knife
and attacked anyone in close
range.
He revealed that it had been
the practice of Sheriff’s depu
ties for years to accompany
prisoners to the court’s public
lavatories or into a hallway for
a smoke during court recesses.
The accused rapist talked
with friends in a Circuit Court
hall during a recess of his trial.
"Any one of them could have
slipped him a gun or a knife
and it would have been an easy
thing for him to have killed
someone,” Kardy said.
"This has been going on for
years. I don’t think we ought
to take potentially dangerous
prisoners into hallway mobs,”
Kardy said. He proposed that
a special room for prisoners be
set aside.
He acknowledged that depu
ties escort many prisoners—
without manacles—through a
public corridor on the way to
court
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He also pointed out that al
most all the deputies assigned
to guard prisoners in court are
elderly men. “One of them is
known to have a heart condi
tion,” he added. One of the
bailiffs is 80.
Kardy said that most of the
younger deputies get outside as
signments, serving summonses,
etc. This leaves the less
rigorous indoor guarding jobs
to the elderly men, he said.
“Either the deputies or the
sheriff’s office will work out
something, or we may consider
restricting deputies only to serv
ing civl summones,” Kardy said.
Until some improved method
of guarding prisoners is accom
plished, the State’s Attorney’s
office is going to have armed
police in the courtroom during
trials, Kardy said. James Mc-
Auliffe, police superintendent,
could not be reached for com
ment.
Kardy said that a joint meet
ing of Judges Kathryn J. Lawler
and James P. Pugh, County
Manager Melvin L. Reese, Su
perintendent McAuliffe, Sheriff
Luke J. Bennett and himself
will be held shortly to discuss
the security problem, and par
ticularly whether policeman
should relieve deputies of guard
ing duties.
Bright Says— 1
‘Don’t Notify
Citizens of
Zoning Pleas’
The county’s practice of mail
ing notices of pending zoning
appeals to citizens’ associations
and neighborhood groups has
“political” implications and
ought to be stopped, Board of
Appeals head Edwin L. Bright
said last week.
Instead, only owners of prop
erty adjoining and confronting
tracts under appeal should be
notified, he said. Organized
public pressure and political per
suasion engendered at mass zon
ing meetings has resulted in the
reversal of some zoning deci
sions by courts, Bright said.
“A single, dissatisfied person
coming in alone would get as
much attention (from the
Board) as a room full of peo
ple,” Bright commented.
But he added that the Coun
ty Council "has gone along with
it for years, so what can I do?”
His remarks to a reporter
came before he presented the
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I Board’s recommendations on
{proposed zoning text amend
ments to the Council. Although
Bright privately let it be known
that he did not agree, the Board
gave its approval of delegating
authority to make minor, spe
cial exception zoning decisions
to Erwin W. Bucklin, director
of the Department of Inspec
tions and Licenses.
Bright said he would rather
see a special zoning examiner
do the job, because the quasi
judicial functions of zoning
“might spill over into the ad
ministrative departments” of
the County government.
Also, he said, an examiner
“would be less likely to be ac
cused of favoritism.”
Among Board - approved
amendments to the zoning text
was a section giving citizens’
association the right to appeal
special exception cases if the
land in question lies in their
territories. Heretofore, individ
ual citizens in such groups have
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Written appeals within 30
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