6~The Cumberland News, TuesdayTrial SetArsonDeath CaseSIininAttaches in Allegany County Circuit Court have been informed that Chief Judge James S. Getty’s opinion and order denying a petition for automatic removal of the murder and arson trial of Mrs Cynthia Diane Morrissey, :t0, have been affirmed by the Maryland Court of Special Appeals.However, the mandate from the appellate court has not yet been received hereThe trial of Mrs Morrissey is scheduled tobegin at 9:15 a m tomorrow in Circuit Court Judge Getty said yesterday he had been informed that Mrs Morrissey probably will t waive her right to a jury trial so that it would be tried by him.Mrs. Morrissey was in-dieted by the grand jury last October as the result of a fire in the early morning of May 28, 1981, at her I^eiper Street residence, which claimed the lives of her husband, Michael Kenneth Morrissey, 30, and their six year-old son, Matthew Joseph Morrissey A two-yea r - o 1 d daughter,Meredith, escaped injury Mrs Morrissey has been free since posting $10,000 bond and awaiting the trialwhich was originallyscheduled for Feb 9 Judge Getty filed an opinion and order Feb 9 denying a petition for automatic removal of the murder charge to another jurisdiction Nearly 80 witnesses havebeen called — 39 by the state and about as many by the defense — and the trial is expected to last several days.Raymond W Walker, clerk of Circuit Court, noted that Thursday is a legal holiday (Maryland Day) and the Court House will be closed for regular business, but the trial will continue as scheduled Defense attornev for MrswMorrissey is Robert O Kazary, of CumberlandP.nnmcinn Stanri