Evening star., 1921-07-18
ARMY COURT HEARS.
|. COL. SHELLEY CASE.
Quartermaster Officer Tried
on Charge of Shooting
Negro HostIer.


E. Shelley. Quartermas ster Corps, U. s.
A., was placed on trial charged with
violations Of the ninety-thtrd and
ninety-sixth articles of war
The case is a result of the alleged
shooting by Col. Shelley Of Richard
Christmas, a negro hostler at the
ginia avenue northwest, May 16 last.
The incident occurred in front Of the
stables.
The morning session was consumed
largely in the organization of the
court, and when recess was taken tke
prosecution had not concluded its
case. only four witnesses having been
on the stand. The fourth witness re-
sumed his testimony following the
recess.
Pleads Not Guilty.
Col. Shelley pleaded not guilty to
all of the charges and specifications
as they were read by Lieut.. Col. Will
iiam nam l.. Reed. Reed. s4th Infantry, trial
The charges and specifications fol-
low:
Charge I-violation Of the esd ar
ticle of war.
Specifications: In that Lieut.. Col.
Corps: United States Army, did. at
Washington. District of Columbia, on
the 18th day of May, 1921. with in
tent to commit felony, WIS.,. murder.
commit an assault upon Richard
Christmas by wilfully, deliberately,
meditation, shooting the said Rich
ard Christmas. with dangerous
weapon, to wit: Mauser automatic
pistol of about caliber rs.
Charge II-Violation Of the 96th
article of war.
al
James E. Shelley. Quartermaster
Corps. United States Army. did, in
the presence of enlisted men and
civilians. at the national horse show
grounds. Virginia, on the 18th day
Of May, 1921. while in the uniform
Army, without due cause. engage in
an alteration with. wrongfully and
unlawfully, strike with his fists and
wrongfully and unlawfully attempt
to strike with pitchfork one Rich.
ard Christmas. civilian empioye OF
A., thereby bringing discredit upon
the military service.
Specification 2: In that Lieut.. Col.
James E. Shelley, Quartermaster
Corps. U. s. A.. did. at Washington.
District of Columbia, on the 18TH
ton s55. Code Of Laws for the Dis.
trict Of Columbia. wrongfully and
unlawfully carry. concealed about his
person, deadly and dangerous
weapon, to-wit.: a Mauser automatic
pistol of about caliber rs. with in
tent unlawfully to use the same.
Organization Of Court.
Considerable time was consumed in
complying with the military require,
ments for organization of a general
Neither side objected to any member
of the court. and the defense asserted
that it did not desire to offer any
special pleas.
Col. Reed read to the court explana-
tions, taken from the Army court
martial manual, Of what are consid-
cred violations of the articles OF war
involved in this case. and also the
law of the District relating to the
carrying of concealed weapons.
In telling of the methods to be fol-
Col. Reed warned the court there
would be much conflicting testimony.
He said he had never known court
to be held so near the scene OF the
alleged crime.
James S. Easily Smith, counsel for
the defense, said the defense would
reserve it's opening statement until
the prosecution had closed.
Christmas First Witness.
Richard A. Christmas. colored, who.
it is alleged, was assaulted by Col.
Shelley, was the first witness called,
and was examined by Col. Reed.
Christmas testified as to taking out
a public horse, saying he was sup
posed to exercise the animal, and also
told of riding AROUND the race track
in Virginia and starting to leave. but
returned to obtain something he had
forgotten. This was the day previous
to the shooting.
When he returned. he testified, Col.
Shelley came up to him, asking II he
had permission to ride tie horse, fol-
lowing it up by hitting him with
his fist.
He told me to shut up. or he would
hit me again. and I replied that
wouldn't, even II I had rope around
my neck" the witness asserted.
When the witness said that Col.
Easby-Smith objected to an express
sion of an opinion by the witness as
to the intent of the accused.
It was sustained by the court.
Leading up to the day Of theshoot-
ing, Col. Reed asked the witness to
front of the stables when Col. Shelley
came up and he asked permission to
speak to him (Col Shelley.
With an oath, witness continued,
Col, Shelley struck him with the
loaded end of riding crop.
CHARGES Threat to KILL
After clinching, Christmas said. Col
Shelby stepped aside. and said he was
going to kill him, at the same time un-
buttoning his pocket. Christmas testified
he rushed in and tried to get the gun
He said he knew of only one shot being
fired, and that he did not see a pistol
until after the fight started.
Asked as to why he wanted to speak
to Col. Shelby. he said he wanted to ask
him only II tho colonel felt he had treat
ed him as q gentleman should treat q
MI. Easby-Smith, on cross-examina-
ton. attempted to attack the credibility
of the witness. Witness. on question
ing, testified he had been convicted In
Atlantic City Of rape and had served
seven years. and was convicted IN tne
local police court Of assaulting two police
officers.
Here there were several clashes be-
tween counsel, the judge advocate OBJ
jecting to defense counsePs method OF
framing questions.
Witness denied he had walked to-
ward Col. Shellty in threatening man
him after the colonel had struck him.
He denied that he had made threats
to get him on the other side Of the
bridge"
Strikes After Clinching.
Christmas, continuing answers on
cross-examination, reiterated that he
did not strike the colonel until after
the two had clinched. Attorney Easily.
Smith sought to get Christmas' pur-
pose of being on the sidewalk instead
Of inside the stables at work. Wit
ness direct testimony that he was
after saddle soap was not shaken on
cross-exainination.
Witness failed to identity the riding
cron for thA court "A tha one usAd hy