Evening star., 1921-07-21
COL. SHELLEY Wins.
|: VERDICT At TRIAL
Found Not Guilty Of Charges
Growing Out of Shooting of
] CoIored Groom.

Lieut.. Col. James E. Shelley, Quar-
termaster Corps. United States Army.
late yesterday was found not guilty
on all chargse and specifications
against him in connection with the
shooting of Richards Christmas in
front of the Army quartermaster
stables. 18th street and Virginia ave-
nue. northwest. May 16. last. After
completion of the evidence and pres
Sci. it took the court but twenty min
utes to reach a decision behind closed
doors.
He was tried by an Army court
martial. which began its sessions IN
the Munitions building Monday. Col.
Thomas Q. Donaldson. inspector gen.
erals department.. president of the
court. read the verdict following the
opening of the doors. The Verdlct
contained no comment on the case,
Col. Donaldson reading to the ac-
cused the charges and specifications
by number, and pronouncing mot
guilty" after each.
Colonel Is Congratulated.
Following the pronouncement of
the verdict Col. Shelley was the re-
cipient Of congratulations from Of
ficers and other friends. Col. Shel!ey
was represented at the trial by Col.
James S Easby-Smith. officers Re
strong, ouartermaster Corps: and Maj.
Emile V. Cutrer. infantry. Lieut.. Col
William L. Reed, 64th Infantry. trial
Judge advocate, and Capt. Anthony
J. Touart. 56th Infantry. assistant
trial judge advocate, conducted the
prosecution.
In summing up for the prosecution
Col. Reed reviewed parts of the tes-
timony tending to show that the ac-
cused was the aggressor. and read
vt ~ M
law Of self-defense, which. he said.
pointed out that q mans life must be
in danger before attempting to XIII.
and then he must have retreated as
far as possible: The character OF
Christmas, he told the court. was i'm
material unless it was known by Col.
Shelley at the time of the offense.
Col. Easby-Smith, for the defense.
pointed out to the court that the
court martial manual required the
court in reaching a decision 70 use
common sense. and otake into con-
sideration human nature and the
ways Of the world. The burden of
proving that the defendant had in
tent to commit murder, as charged,
he said, rested on the prosecution. He
Bile to the carrying of concealed weap-
ons. pointing out that 1t had not
been proved beyond a reasonable
doubt that Col. Shelley intended un-
lawfully to use the same. Saying that
the law gave authority to carry arms
to public officers charged with the
protection of property. he said 1t had
been proved that Col. Shelley was in
trusted with the protection OF the
horse show grounds. That he had
right to carry a weapon for SELF
protection. as provided in the law. was
Defines Law Of Assault.
He defined the law of assault. and
cited authorities: contesting the
prosecutions statement that he was
required to retreat. !, 1t is clear from
the evidence. he said. that Col. Shell
ley was in danger OF death or great
bodily harm.
"The testimony is uncontradicted
on the point that Christmas was the
aggressor." he said. except that OF
the witnesses johnson and Wylie. I
court saw them and heard them"
Col. Easby-Smith said that never be-
fore In his criminal practice had he
seen the charge Of carrying con-
ceaied weapon Included In a charge
OF ahooting. & l was haps apsoiuoesy neesumed usei
The prosecution put on several
character Witnesses for Christmas
yesterday afternoon IN rebuttal. They
retired; Mrs. E. 8. Hawes, 1928 Con-
necticut avenue. and Malcolm Dwyer.
an automobile salesman. Their tes-
timony was attacked by the defense
on the ground that they could not
qualify as character witnesses unless
they knew at least the opinions re-
garding Christmas of not less than a
hundred people Of the community. Col.
Easby-Smith also attacked these wit
nesses' testimony on the ground that
it was not proper rebuttal. but rather
a part Of the main case of the prose-
cution.
Robert Clark, colored, denied that
Christmas had ever attacked him
with a knife. as testified to by a
previous witness. ~.