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Two Arrested for Clown Killing

June 6, 1965 - A Harlem man and woman, both alleged narcotics addicts, were arraigned today in New York Criminal Court on a charge of having robbed and murdered Paul Jung, 64-year-old circus clown, at a midtown hotel.

The Ringling Brothers and Barnum & Bailey performer was found beaten to death on April 21 in his room at the Forrest Hotel, 224 W. 49th St. He had been with the circus since 1934 and was known to millions of adults and children.

The two suspects were identified as Allen Jones, 24, an unemployed laborer, and Marian De Berry, 21. They were picked up in their apartment at 383 Convent Ave. in Harlem. Both have criminal records, Miss Berry for prostitution.

The arrests followed an investigation in which the police questioned about 1,500 persons, including circus performers and personnel, guests of the Forrest Hotel, and derelicts and other unsavory characters who frequent the Times Square area. 

The affidavit on which the suspects were arraigned stated that the motive was robbery.

It charged “that at 12:30 a.m. at the Forrest Hotel, the suspects did both beat Jung with the nozzle of a fire hose about the head while attempting to rob him and did at such time take and steal a typewriter and about $40 — property of the deceased.”

When the body of Jung, 64, top clown comedy with Ringling Bros., then at Madison Square Garden, was found 10 hours later, the police discarded robbery as a motive.

Detectives found $226 cash in Jung’s trouser pockets and a watch and ring.

Allen and DeBerry admitted having heroin habits costing $40 a day each, police said. 

The defendants denied the accusation of murder. They contended that the admissions they had allegedly made when arrested this morning had been obtained under duress. They also charged that they had been detained illegally and had not been informed of their right to counsel before being questioned by the police.

The question of whether a suspect must be informed of his right to counsel before the police question him is now the subject of judicial dispute.

Two weeks ago, the U.S. Court of Appeals for the Third Circuit of New Jersey, Delaware, and Pennsylvania reversed two murder convictions on the ground that the accused had not received notice of their right to counsel before they made voluntary confessions.

However, in March the New York State Court of Appeals ruled that the police do not have to advise a suspect of his right to remain silent and his right to have a lawyer before taking his confession.



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