Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-26
BOARDCITES AGNEW|
FOR NOT TEST|FY|NG|
Second Witness Refuses to
Talk in SheIby-KeIIy
Trial.
continued Prom FIRST page.l

him to reappear this afternoon.
Lynch asked Scott If Inspector Shell
by made any statement relative to in
dieting a man and woman for perjury.
The witness replied in the Affirmative,
explaining that Shelby appeared to be
very angry, and quoting the police Of
ficials as saying that former Policeman
Allen and Mrs. Roy Heavrin should De
indicted for perjury"
Says Shelby Charged Bungling.
Scott said Inspector Shelby told the
Jury that fingsrprint expert was
takSs Ao the apartment and that he
was not asked whether the expert made
any examination.
inspector Shelby, he said, expressed
the cpinion that Mrs. McPhersonS
death AEss a suicide.
In teplying to a question relative to
any statements Inspector Shelby made
regarding the manner in which the In
veStigation was handled by the police,
Scott said: Inspector Shelby said the
case s-ad been bungled. He added that
he realized the Washington Police De-
partment was not equipped to investt-
gate such cases as well as some Eu-
ropeaa departments, and that he in
tended to take some steps to remedy
this condition as soon as the McPher-
son case was sver."
Scott testified that Lieut.. Kelly was
not able to identify positively either Of
the two dresses shown to the jury as
being the one found over Mrs. McPher-
sons body. He said Inspector Shelby was
not asked to make this Identification.
After both Lieut.. Kelly and Inspector
Shelby had testified that it was phys
ically impossible to see man climbing
out of the window opening from the
Mcpherson apartment onto an adjoln-
ing roof from the apex in front Of the
Park Lane Apartments, Scott said he
and several other members OF the grand
Jury made a personal investigation and
found that all of the fourth and about
one-haH Of the fifth floor could be seen
from this point.
Told to Forget" Screams.
Allen had previously told the jury
of seeing a man leave the apartment
by one Of these windows on the night
of Mrs. McPherson's death,
Scott said Roy Heavrin had testified
before tSs.. Jury that during Q CONVEX
sation. 18th Lieut.. Kelly at police head
quarters the latter had indicated to
him the general nature of the teSti-
mony he should give the grand jury,
but had not told him specifically to
say or refrain from saying anything in
particular"
On cross-examination it was brought
out that during this conversation
Heavrin told Kelly his wife had heard
a woman screaming in the Mcpherson
apartment on the night Mrs. Mcpherson
died and that Kelly replied:
"Oh, forget 1t; that was q man
fighting with his wife in another apart
ment."
This, Scott said, was the substance
of the conversation as related to the
grand jury by Heavrin.
A telephone operator at the Park
Lane had told the jury she had seen
Mcpherson hurrying through the lobby
case careleSsly stuffed with clothing,
Scott said. He declared that Lieut..
Kelly when asked by the grand jury II
he had made any efforts to locate and
examine these articles Of clothing re-
piled that he had attached no especial
importance to them. Scott also said
the grand jury had asked to see both
the pajama trousers and coat which
Mrs. Mcpherson was wearing. but that
only the trousers were produced. On
croSs-examination, James A. O'Shea,
representing Lieut.. Kelly, brought out
the fact that the police could mot pro-
had burned it.
Centers on Perjury Claim.
Henry I. Quinn, representing 1nspec-
tor Shelby, spent considerable time on
cross-examination In an effort to ex-
jury to indict Allen and Mrs. Heavrin
for perjury. He brought out the fact
that both Allen and Mrs. Heavrin had
given conflicting testimony to the jury
before Inspector Shelby made his re-
quest. He also showed that Aliens
partner, Policeman Bolts, had denied
seeing any man leave the window rs
claimed by Allen.
Stott insisted Inspector Shelby had
used the word "bungled" in referring to
the police investigation, but admitted
that he may have used this term after
members Of the jury had suggested to
Department had been negligent In their
investigations.
Scott said Inspector Shelby gave the
impression Of being q man wanting tc
do everything possible to improve hi,
department after the fashion Of the
other man who locked the stable dool
when the horse was gone"
After a heated verbal clash between
Lynch and Quinn, which was terminated
when the assistant corporation counse
apologized for accusing Quinn Of ha.
ranguing the witness, O'Shea took III
the croSs-examination. He brought out
the fact that Lieut.. Kelly had attached
no particular importance to the dres!
in question because 1t was thrown ovel
Mrs. McPherson's body after her deatf
had become known and could not have
had any connection with the manner
in which she died.
O'Shea later asked Scott what articles
in the Mcpherson apartment he believed
should have been marked. The specifi.
cation In the charges against Kelly al.
lege that he failed to provide means Of
Identifying every movable article in thu
Mcpherson apartment.
Scott said the pajama coat, Mrs Nc.
Pherson's dress and certain other ar.
ticles in the room should have beer
marked. The fact is" he said, "that
the clothing and all other things shoulc
have been marked"
Did you consider the dress as eH.
dence?" O'Shea asked.
Dress Considered Evidence.
81 believe the grand jury considered
that as very important evidence" Scot
answered.
O'Shea subsequently drew from Scot
a statement that he believed the polict
should be the Judge Of what articles
are marked and that he believed Kell,
used his Judgment in marking certain
articles in the Mcpherson apartment
He also brought out that Kelly in hi
testimony before the grand jury sais
that II he had considered the dress a!
evidence 1t would have been probabl!
marked.
Scott said Policeman Bolts did no
indicate that Inspector Shelby had toll
him what he should testify to befor
the grand jury. He also said he coul,
not remember exactly what Lieut.. Kell,
had testified to regarding the window
and screens of the Mcpherson apart
pnent.
Scott was excused after Attorne,
OSaea asked him several questions re
lating to the summary former Police
800 L.. - - - 1870 . Ho..HS