Evening star., 1921-07-19
DEFENSE IS HEARD
7 IN SHELLEY CASE
Seeks to Show Richard
j.! Christmas Was the Ag-
gressor in Clash.

When the trial of Lieut.. Col. James
L. Shelley. Quartermaster Corps,
L. S. A., was resumed before an Army
court martial in the munitions build
ing today. the prosecution rested its
case and the defense began the pres
entation of its side.
Col. James S. Easby-Sm Officers
Reserve Corps. defense counsel, said
the defense expected to show that
Richard Christmas, the colored man
whom it is charged Col. Shelley shot.
was the aggresSor and that Col. Shell
ley had armed himself through fear
of an attack.
1t is the hope of the defense. ac-
cording to Col. Easby-Smith, to rest
its side this afternoon and to con-
clude the case tomorrow with the
arguments of both sides.
Detective Morgan Called.
When the court resumed. Detective
Sergt Joseph c. Morgan of the local
police department was the first wit
ness. He testified on direct eXami-
nation by Lieut.. Col. William L."Reed.
Judge advocate, on the arrest OF Col.
Shelley. He was not cross-eNamined.
Col. Easby-Smith. for the defense.
however, asking that he be kept in
the vicinity.
John X. McGann. newspaper re-
porter. the next witness, detailed an
interview which he had with Col.
Shelley following the shooting on
May is. giving the officers version of
the affair. He testified that Col.
Shelley told him that if the gun had
not jammed he would have hlled
ChriGtnlas full of lead.
In cross-examinatiOn. Col. Easily
Smith sought to contradict the wit
ness statements. and so Informed the
court when asked by the judge advo-
cate. Col. Reed, the purpose of his ques-
tioning.
Asked to Mark Story.
The defense produced a copy of the
newspaper, and had the witness marx
the part of the story of the affair
which he had written. Mr.. McGann
denied parts of the story as having
been written by him, but said he
had furnished some of the informa-
tion. which had been written in his
office.
Following the McGann testimony.
Col. Reed informed the court that the
prosecution rested.
Col. Easby-Smith, in his opening
statement, said that the defense eX-
pected to show that Col Shelley was
justified in putting the pistol in his
pocket the day of the shooting: also
that Christmas was the aggressor
on that day. The defense, he con-
tinued. expected to show that Col.
Shelley was in authority at the horse
show grounds. that following the ar
gument regarding the horse. Christ
mas assumed a menacing attitude
and was hit by Col. Shelley, that Col.
Shelley was accoSted by Christmas s
the day Of the shooting, and that
the latter struck the first blow, which
landed on the colonefs face.
Rulings on Deposition.
When the defense offered depo-
sition of Donald c. McCoriston, the
prosecution fired numerous objec-
tions to various parts of it. but Col.
William NJ. Cruikshank. law member.
in a series of rulings said that as it
was the purpose of the court to get
all the facts in the case it should be
admitted. and it was so ordered by
the court.
The defense next called to the stand
Maj. Henry c. Dulin. Medical Corps.
United States Army, who attended
Col. Shelley the day following the
he found.
On cross-examination,. Maj. Dulin
said that Col. Shelley was not on sick
report following the affray. and tha t
he could have performed duty. Col.
Reed developed that the bruise which
Col. Shelley incurred could have been
inflicted with either end of the riding
crop. not necessarily the loaded end
as testified in the direct examination.
He said that the injury was of
moderate severity.
Tells Of Clash.
James X. McKeown. guard in the
government building opposite the
scene of the crime, said that he first
heard an officer and a colored man
talking loudly. and when he looked up
he saw the colored man strike the
colonel. He expressed the opinion that
the officer at one time was in great
danger. to which objection was made
by the prosecution on the ground that
witness was not an expert. Objection
was overruled by the court.
Mr.. McKeown told the court that
Col. Shelley did go to the colored
man. after he had been taken to a
bench. but he could not say what
conversation had taken place.
Evening Star shown.
On cross-examination Col. Reed
produced a copy of The Evening Star
of May H. reading therefrom state
ment attributed to Mckeown. Asked