Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-30
JUROR SURPRISES
BOARD, TEST|FY|NG
AT POLICE HEARING
Two Others Stand Fast and
Refuse to Take Oath in
SheIby-KeIIy Trial.
ACTION OF WITNESSES
PULLING TO COUNSEL
Move Is Taken to End Presentation
of Prosecution and Take
Up Defense.

Samuel P. Agnew, q member of the
July grand jury who last week refused
to testify before the special police trial
board sitting the charges of inefnciency
against Inspector William s. Shelby and
Lieut.. Edward j. Kelly in connection
with their investigation of the McPher-
son case, completely surprised the board
today by unhesitatingly giving testi-
mony.
Agnew, with two other recalcitrant
members Of the jury-Baxter M. David
son and Joseph H. Batt-appeared be-
fore the trial board in response to a
Police Court summons issued by Judge
Gus A. Schuldt. Bait and Davidson,
however, continued to refuse and even
declined to take the oath.
The three former grand jurors were
not specifically ordered to testify as was
Merritt o. Chance, foreman of the July
grand jury, the subpoenas merely di-
recting their appearance before the trial
board.
Bait gave no reason for his action,
be put in the position Of violating his
oath as member of the grand Jury to
keep its proceedings secret. Their ac-
ton left Robert e. Lynch, assistant cor
poration counsel, prosecuting Shelby
and Kelly, in a dilemma.
Whether further steps will be taken
by Lynch to compel Bait and Davidson
to testify has not yet been determined.
a proposal Of counsel for Shelby and
Kelly to expedite the trial may result In
abandonment of the plans Of the prose-
cution to cite the two witnesses in
Police Court.
Fearing that a test of the power of
the trial board to force a witness to
testify might lead to protracted litiga-
ton and interfere with the trial of
Shelby and Kelly. the defense lawyers
announced they would wave cross-ex-
animation of Chance If the prosecution
Judge Schuldt to appear before the
board Friday and complete his testi-
mony.
Ready Later Today.
Prosecutor Lynch indicated that he
was favorably inclined toward the pro-
poSal, but that he wanted to confer with.
Corporation Counsel william w. Bride
before making final decision. He
promised to have his decision when the
1Tlal Board recOnVeneS.
The trial board was scheduled to re-
convene at 2 o'clock this afternoon, but
the session was deferred until 10 o'clock
tomorrow morning because Of the
failure Of Bride and Inch to reach a
definite decision over the procedure to
follow with respect to Chance, Bait and
Davidson.
AS Chance, Bait and Davidson are
the three remaining prosecution wit
nesses, the prosecution will close its
case If 1t decides to excuse them, and
the defense will begin the presentation
of its case when the board reconvenes
Henry I. Quinn, one of Shelby'S at
torneyS, announced to the board that
the defense had summoned about so
character witnesses, 80 each for Shelby
and Kelly.
The Trial Boards morning session
was comparatively brief because of the
refusal of Bait and Davidson to tes-
tify. Agnew was on the stand for about
20 minutes, neither the prosecution nor
the defense asking him many questions,
confining their interrogations chiefly
to the testimony of former Policeman
Robert ]. Allen and Mrs. Roy Heavrin
of the Park Lane Apartments before
the grand jury.
Won't Take Oath.
s. 0dCO, WLlO dppcdECQ III TSSpU1lSc 10
q Police Court subpoena, was the first
witness called by the trial board. When
he faced the trial board, Maj. L. e.
Atkins, chairman, asked him to raise
his right hand and be sworn. He refused
to do so, with an announcement that he
would not testify. Atkins then asked
him If he knew that he would be
cited to Police Court for refusing
. 80 I have read in the papers," he
answered.
I'm view Of this, do you still refuse
to teStify?" Chairman Atkins asked.
"Yes, SIR" Bait replied.
Prosecutor Lynch moved immediate
ly that Bait be cited to Police Court
for proper action" He then an
nounced that he had no other wit
nesses. He was advised, however, that
both Davidson and Agnew were watt
ing outside Of the trial board room, In
response to Police Court subpeonas that
ordered them to appear at 10 o'clock
this morning.
Agnew Is Called.
Prosecutor Lynch then called Agnew.
Agnew completely surprised the
board and prosecution and defense
counsel by taking the oath and sitting
in the witness chair. So surprised was
Lynch, In fact, that he asked Agnew
at the very outset If he was willing
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