Evening star., 1921-07-19

If he made the statement. he said he
did. copy of another local paper
was read with statement also at
tributed to McKeown. This inter-
view he denied. Col. Reed then based
his ross-examination on the inter-
view in The Star.
Witness said that the colored. man
struck the first blow. but he could
not say whether or not there had
been any other blows previous to the
time his attention was attracted to
the affray.
Col Reed asked McKeown why. if he
was policeman, he didn't stop the al
tercation or make an arrest. Witness
replied that he could not leave his
post.
Col Cruikshank. law member of the
court, asked McKeown if he was afraid
to give detailed testimony because of
fear from the colored men at the sta
bles or from Col. Shelley or other
negative.
The court al this point took a recess
until 80, when the defense resumed the
presentation of it's side of the case.
Counsel Clnshed Yesterday.
During the afternoon session yes
terday of the court-martial there
were several clashes between oppos-
fense sought several times to show
on cross ss-examination of prosecution wit
neSSeS that they were favoring Christ
mas side of the case because he had
brought them whisky. After instructtng
defense counsel to change his method Of
questioning. following an opinion by Col.
William NJ. Cruikshank. law member
of the court. the court later, on another
opinion of the law member. ruled that
such testimony was admissible II the
defense could prove it's purpose
thereby.
However. the witness was informed
by Col. Reed, judge advocate. of his
rights, in that he need not answer
the question if. in his opinion. it would
incriminate him.
Lieut.. Col. H. C. Bonnycastle: in
charge of the quartermaster stables.
was the first witness at the afternoon
session. His testimony merely COW
cred Col. Shelley's report of the abuse
of public animal by a groom. He
testified also that Col. Shelley had
nothing to do with the quartermaster
stables.
Then John johnson. superintendent
of the stables. was called to the stand.
Col Shelley, he said. was in his office
making a report of the abuse of the
animal. just before the shooting oc-
Cured. His attention. he said. was
called to the affair in the street, and
when he looked both men were
clinched. He testified that he heard
Col. Shelley tell the negro he would
kill him.
The pistol alleged to have been used
in the shooting was produced by Col.
Reed. Seven charges were found in
the magazine. but none in the cham
Der.
Defense counsel. on cross -examina-
tion. sought to show that Johnson
and Sergt. James o. Willie had com
pared and prepared statements fol-
lowing the affair. Witness emphat-
ically denied that he had done so.
Johnson also testified that when
Sergt. Wiley attempted to take the
gun away from Col Shelley. after the
first shot. the colonel turned on him
and said he would shoot him (Wilie).
too. He demonstrated to the court
how Col Shelley. after the first shot.
was working with the gun, appar-
emily trying to ease the Jam.
Sergeant Saw Assault.
Sergt. Wylie took the stand. He
detailed what he saw of the shoot
ing. He explained that when Col.
Shelley left the office he went to the
window of the office and watched
him. The colonel went to his car.
which was at the curbing. when
ed permission to speak. Col. Shelley.
witness said. replied that he did not
want to talk to Christmas. but walk
ed toward him. He said the DEFEND
ant struck Christmas with the riding
crop. He also told of Col. Shelley say
ing that he would kill him also.
On cross defense coun-
sci had witness repeat the story of
the affair, and then counsel read a
statement which Willie had prepared
following the incident. All three de-
tailed statements of the affair agreed
counsel asked him If he had memo
rized the matter he denied 1t.
Defense then sought to show that
the witness was biased and prejudiced
because Christmas had supplied him
and others at the stables with whisky
ment between counsel. during which
Attorney Easby-Smith. for the de-
fense. read from the Army court
martial manual, authority for the ad-
missibility Of testimony which might
tend to show bias and prejudice.
The court ruled in favor of the de-
fense, but Willie was then instructed
that he need not answer the question
unless he wanted to and If he be-
lieved it would incriminate him.
Lieut.. Thomas H. McCreery. Quar-
termaster Corps. testified that he was
at the horseshow grounds in virginia
the day of the shooting. when Col
Shelley came to him and handed him
a pistol, telling him at the same time
that he had shot a negro with 1t. He
said he asked Col. Shelley why he
shot the man, and the reply was that
he had been attacked by him.
He identified the pistol as the one
handed him by Col Shelley. the first
time it had been identified, and the
weapon was admitted as an exhibit in
the case.
Other witnesses were Col. A. E. Will
liams. Quartermaster Corps; William
Miller. chauffeur for the President;
John Lewis. colored, an employe OF
the stables. and DR.. David Erlinger OF
the Emergency Hospital staff.