Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-24
Foreman of Jury Criticizing
Shelby and Kelly Denies
Disrespect for Court.
SAYS STAND TO BE AIRED
BEFORE JUDGE SCHULDT
Action Is Taken Because Witness
Is Called Mental Misft"
by Attorney.

Merritt o. Chance, foreman Of the
grand jury which accused Inspector
Shelby and Lieut.. Kelly Of oficial care
lessness in investigating the death Of
Virginia Mcpherson. will defy the order
Of Police Judge schuldt that he con-
tinue his testimony before the board
trying the police officers on charges of
ineficiency.
Without intending in any way to
show disrespect for the court" Chance
said today, "I shall most certainly re-
fuse to testify any further before the
trial board. have already refused to
go on, and am refusing today, tomor-
row and every other day, including
January 81
Chance was directed yesterday to ap-
pear before the trial board January
at the sixth precinct police station
and continue his testimony, interrupted
last Saturday by his refusal to answer
further questions in protest to the
boards action in permitting Assistant
United States Attorney Walter Shea to
criticize him on the stand.
Called Mental Misfit."
Shea, appearing out Of turn as a
defense witness, described Chance In his
role Of foreman as "a mental naisflt,
drunk with authority"
Il have no criticism to make Of Judge
Schuldt and deny any intention of
disrespect," Chance said. "In refusing
to testify feel that I will only be
cooperating with the court in its
efforts to get legal basis for judicial
determination Of the laws in the case.
"As understand the situation, the
court has not attempted yet to Judge
the merits of the legalities involved,
Dut mas laid the groundwork for such
determination. If I refuse to testi-
~ on January sand that's exactly
what I'm going to do-the court ther
VIII be in position to hear arguments
OF counsel and reach a decision In the
light OF these arguments and the law"
Attorneys Offer Service.
Chance said he had not had an oppor-
tun1ty as yet to communicate with his
attorney, Carter B. Keene, who is vaca-
tloning at Atlantic City over the holi-
days. He said that II Keene Is unable
to return in time for the test before
the Trial Board, he has had offers from
numerous other lawyers to advise him
in the matter.
"If it is another refusal by me to
testify that the court wants, III see
that 1t gets it." the ex-foreman ex-
planned. There seems to be some
question as to whether really meant
It when told the board I was through
Saturday. am willing to make it clear
by legal refusal, If that will help.
I'll appear before the board, as di-
rected by the court, but won't answer
any questions"
Ruling Confusing.
There appeared to be some confusion
in legal circles today as to whether
Judge Schuldt In instructing Chance
to testify, was making a final determine
tion OF the technicalities involved, or,
as Chance contends, was merely paving
the way for q legal weighing of the
issues after hearing arguments of
counsel.
Judge Schuldt himself dispelled any
doubt by informing newspapermen that
his order was not to be construed as a
Judgment Of the issues involved under
the act Of Congress Of 1896 creating
the police trial board. He Is deferring
Judgment as to the scope Of that act
and the powers of the board to COM
pei witnesses to testify until the prob
lem legally comes before him through
some such action as a further reflis-
al Of Chance to go on with his testi-
mony
The court indicated yesterday it was
not fully familiar with the provisions
of the trial board act and that it de-
sired time in which to become acuuaint-
ed with them. The action Of the cor
poration counsel's office in citing
Chance to the court was without pre-
cedent.