The News from Frederick, Maryland • Page 8

State Battles New Trial For Giles Brothers ANNAPOLIS (AP)-The State asked the Maryland Court of Appeals Wednesday to deny a new trial to John and James Giles, two Negro brothers convicted in 1961 of raping a 16- year old Montgomery County white girl. Asst. Atty. Gen. Robert J.

Martineau argued that Judge Walter H. Moorman should not have granted a new trial. The Montgomery County Circuit Court judge ruled last November that the state had suppressed evidence vital to the defense and thus denied the Giles brothers due process of law. Martineau argued that State's Atty. Leonard T.

Kardy and Montgomery County police did not withhold any information which would have aided defense lawyers. Not Denied Rights "I don't think you can say the state was denying the defendants due process of law," he told the court. The Giles brothers and a companion, Joseph Johnson, were convicted of raping the girl after breaking open a car in which she and her escort were parked and then attacking the girl. They were sentenced to death but Gov. Tawes commuted the sentences to life in prison.

At their trials, the Giles brothers claimed the girl invited them to have sexual intercourse, and Johnson denied that he had had relations with her. Joseph Forer, lawyer for the brothers, told the high court Wednesday the story they told "was on its face implausible and incredible." He said a jury could not believe their version of the incident under normal circumstances, and that any evidence relating to the girl's credibility was therefore vital to the defense. He contended the state had withheld information concerning --The girl's "incredible sexual promiscuity. 1 --A second rape complaint filed by her parents after the incident involving the Giles brothers. --An attempted suicide and her general mental condition.

--Proceedings underway at the time of the incident to place the girl on probation. Says State Guilty He said the state was guuty "of culpable, one might almost say criminal, negligence" in not telling the defense of this information. SHOWS 1--3-7--9 TIVOLI NOW SHOWING MacLAlK PETER USTINOV RICHARD mm ImmwauM A Stew Pater- it. Lae Thompson Production Co-stamngM BACKUS SCOTT BRADY 0 OWimflW Httt-IIHTE HARRY MORGAN I MAT. THIS SAT.

SUN. 1 P. M. ONLY TIVOLI Box Office Opens At Noon YOW-THOSE 7 DWARFS WITH WHITE COME TO LIFE rULL LENGTH FEATUWEI Admission To All Plus Hit No. I Mirtineau contended the state did not know fully about the attempted suicide and the second rape complaint, which was withdrawn.

Forer contended, however, that Kardy and county police were "guilty of gross neglect of duty as public officials" in not investigating further the two incidents. "No prosecutor could have been so misinformed as to rut reveal this evidence," he said. Martineau argued that the "defense had just as much of an opportunity as the state did" to get the information. "It was up to them to get it," he said. Trash Fire Burns Hagerstown Tot A five year-old Hagerstown girl is in fair condition in Washington County Hospital after being burned at her home yes- terday.

Hagerstown City Police said Roxanna Seilhamer. daughter of Mrs. Mary Cross, suffered second and third degree bums of her body and right arm when a trash fire she was burning i caught her dress on fire, sear- I ing her body. I Mrs. Cross told police that Roxanna was carrying out trash to a container in the yard at her home and while emptying a can into the container, her dress caught fire.

Police said the small girl ran into the house and Mrs. Cross tore her clothing off. The youngster was taken to the hospital by Community Rescue Service. (Stitely at her home near New Midway. Attending were Mr.

and Mrs John Stitely, John Donald, and Patricia of Legore, George Albaugh and Fred Albaugh of Randallstown; Miss Mildred Stair of Hanover; Mr. and Mrs Oscar Albaugh and Betty Louise and Mr. and Mrs. George Albaugh, all of Union Bridge; Mr. and Mrs.

Gailord Putman and Russell, Keymar; Mrs. Lula Al- Honored At Birthday Party A surprise birthday party was held recently for Mrs. John BIG TWO FIRST AREA SHOWING OPEN SAT. SUN. BOX OFFICE OPEN 7 P.

M. SHOW STARTS 7:30 HIT SHOW The screen enchantment as delightful as its hit tune "HMJIi HHWB1B.ROBWSOI. SHOWING 9:10 ONLY BY I TECHNICOLOR I SHOWING 7:30 10:50 V.F.W. Country Club John R. Webb Post No.

3285 Route 40, Frederick I A NIGHT FISH FRY $100 Jackpot $140 SATURDAY NIGHT Dance Music By RUDY CARROLL OPEN DAILY 11 A. M. TO 12 P. M. MONDAY 4 TO 12 P.

M. MEMBERS GUESTS Registrations Now Being Accepted For Swimming Lessons BRADDOCK HEIGHTS SWIMMING DIVING POOLS Pool opens for season May 29th. Swimming classes begin June 21 through August 20. --Instructors In Charge-- Mr. Richard Krantz Miss Michele Rebert SCHEDULE OF CLASSES June 21-July 2 July 5-16 July 12-23 July 19-30 Aug.

2-13 Aug. 16-20 11 a.m. to Noon 10 a.m. to 11 a.m. 11 a.m.-Noon 6:30 p.m.

10 a.m.-11 a.m. 11 a.m.-Noon 10 a.m.-Noon 10 a.m.-Noon Prc-school Children Beginners Advance. Adultt To register now call MO 3-4072. Tuition fees: Swimming 5.00; Diving 8.00; Life saving 8.00. Private Instructions Available By Appointment APPEARING NIGHTLY (Except Wednesday) Jack Wantz at the CONN ORGAN Enjoy Your Favorite Cocktail And Your Favorite Musical Selections i COLONIAL LOUNGE Francis Scott Key Hotel baugh and Mary Louise and James Smith, all of Liberty town.

Also, Mr. and Mrs. Jacob Albaugh of Savage, James Sanders of Emmitsburg; and Mrs. Edith Gruber, Mr. and Mrs.

Charles Keeney, Charles Carl, and Emma Louise, all of Rocky Ridge. Congressman May Compete For Seat UPPER MARLBORO, JUMPING JACKS SPECIAL ADMISSION POLICY Jam Session 50c THURSDAY NIGHT LADIES NIGHT CROSS KEYS AT THE CROSS ROAD--SOUTH FREDERICK RT. JUST BEYOND RT. 40 Open Friday, Saturday, Sunday Big Triple Feature WARNING! 'SUM-JACKET VIVIDLY DEPICTS AX MURDERS! ALL THE RAW, RAMPA6IN6 FURY OF THE WEST! COLUMBIA PICTURES presents AUDIE MURPHY. THC ATOHOPRGOUCBON -AT-OUJMSA PICTURES RELEASE Open 7:00 First Show At 7:30 (AP)--A pair of Democratic Maryland congressmen may be competitors next year for a single congressional seat.

Reps. Carlton R. Sickles and Hervey Machen both may seek the congressional seat Prince Georges County. The county will become a district all by itself under a new districting plan passed by the 1965 General Assembly. Previously, Machen was elected from the 5th District which is composed DANCE DICK HARP APRIL 8 Hamilton Mt Restaurant RT.

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(Except Monday) FAMOUS MMLEY'S HOTEL New Market, Md. Delicious Food Served Family Style Reservations Being Accepted For Private Parties and Banquets Phone I65-54M CUSTOM PICTURE FRAMING All Colors Matting Non-Glare Glass "Best In The Area" RICE'S Color Center 5th and Market St. Phnnp 6B2-3220 INVESTORS LOAN Loans Up To TJM 12 S. Market St. MO 3-6173 ONE DAY SERVICE RETREADING SOWELL TIRE BATTERY CO.

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