Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-29
EX.JURORS
TO REMAIN SILENT
Test Case Seen in Refusal to
Talk in Trial of Shelby
and Kelly.

A maze Of legal ramifications, which
has tied into knots the trial Of Police
Inspector William S. Shelby and Lieut..
Edward j. Kelly on charges of inef1-
cheney, is expected to eliminate to-
morrow in formal reiterarion by two
members Of the July grand jury of their
already recorded refusal to testify
against the officers.
Repetition of the refusals will be the
corner stone on which 1t is planned to
build a far-reaching test case Of the
legal powers Of the Police Trial Board
over witnesses, and on which may hinge
determination of the right of grand
jurors to protect the secrecy of grand
jury proceedings.
The former grand Jurors. Samuel p.
Agnew and Baxter M Davidson, IT,.
must reappear before the special Police
O'Clock, 1t was decided late yesterday
by Police Judge Gus A. Schuldt
II they refuse either to appear, or,
after answering the summons, to give
testimony In the trial, the trial board
VIII cite them to Judge Schuldt and ask
that they be directed, specifically, to
take oath as witnesses for the prosecu-
ton and answer questions propounded
to them.
Both Refuse to Testify.
Both jurors enphatically refused to
testify when they appeared before the
board last Thursday, and both there
upon were cited. orally, to the court
Judge Schuldt ruled that q written cita-
ton was necessary, however, and this
was presented to him yesterday by the
municipal authorities.
On receiving the formal petition
from Maj. L. e. Atkins. chairman of
the trial board, who was accompanied
to the court by Acting Chief of Police
e. w. Brown and Assistant Corpora
ton Counsels Walter L. Fowler and
Robert e. Lynch, Judge Schuldt at first
announced he would hale .Agnew and
Davidson into Police Court tomorrow
afternoon to answer the petition.
Sometime later in the day he held
another conference with Fowler and
Lynch and decided to pursue a differ
ent course. Under the final decision
Judge Schuldt will hold in allegiance
action on the petitions filed against the
two reluctant witnesses pending the de-
velopments before the trial board to-
morrow.
Formal Subpoena Ordered.
The court ordered that formal court
subpoenaS be served on Agnew and
Davidson, directing them to appear be-
fore the board tomorrow morning. It is
understood this step was taken as q
legal preliminary to possible contempt
proceedings planned by the corporation
colIlseLs ONCE. The two prospective
witnesses appeared previously In an
swer to subpoenas signed by the chair
man of the trial board whose legal
In ~
controversy in the current court pro-
ceedingS.
Chairman Atkins said last night that
in the event Of the continued refusal
Of Agnew and Davidson to give testi-
mony, the board will cite the pair to
court and ask for an order compelling
them to answer questions. The petit
lions presented to Judge Schuldt yes
terday probably will be revised to meet
the new circumstances, or entirely new
petitions may be drawn up, as substi-
tutes for the first papers.
Action OF the court in the cases or
Agnew and Davidson differs from that
taken in the case of Merritt o. Chance,
foreman of the July grand jury, who
was ordered to appear before the trial
board on January 3. Uncertainty has
arisen as to whether Judge Schuldt in
cluded in his order, which was verbal,
man give testimony when he appears.
Newspapermen who sought to clear up
this point were given to understand by
the Judge that his order directed
Chance to testify, but others who hSAe
talked with him appear to be Of the
opinion that he merely ordered Chance
to present himself to the board.
Chance to Consult Counsel.
Chance had no attorney when he
appeared In court and no request was
made Of the court by Chance that a
formal complaint, in writing, be fled
against him, as attorneys for Agnew
and Davidson demanded. The court at
the time agreed that Chance should
have an opportunity to consult counsel,
and the Judge pointed out he would re-
serve q judgment of the issues until
Chances attorney came before him.
The date for Chances temperance be-
fore the trial board was delayed by the
court so that the defendant could have
time to seek legal advice.
Joseph H. Bait, a fourth member Of
the grand Jury which criticized Shelby
and Kelly, also has been ordered to APP
pear before the trial board tomorrow.
Bait was out Of town when his name
was called as q prosecution witness Fri
day, and the board at once cited him
to Judge Schuldt for failure to answer
the boards subpoena. Judge Schuldt
ordered that court summons be served
on Batt. II the witness fails to appear
tomorrow he may be subject to con-