Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-18
SHELBY-KELLY CASE
MCPHERSON REVIEW
Three Policemen Among First
to Enter Apartment Are Put
on Stand at Trial.
continued Prom First pagel

T -. b.
ule arranged by the trial board calls
for daily session from $50 am. to
pm, with q 45-minute luncheon recess
from 1915 to O'Clock.
is of 80 Fail to Answer.
It was 1915 before the proceedings
got under way. Assistant Corporation
Counsel Fowler asked that the list OF
prosecution witnesses be called. Six
teen of 80 witnesses failed to respond
to their names. These included former
Policeman Robert j. Allen and Will
liam H. Collins assistant United states
attorney. both of whom figured prom
inently throughout the Mcpherson case
Allen, however. arrived some time later
after the witnesses had been ordered
to retire to an adjoining room.
Only a half dozen spectators were
present, aside from the witnesses, when
Mai. Atkins formally opened the trial
bv reading the special order of the
District Commissioners designating the
extraordinary board to try the two Of
ficers on charges of ineficiency. Two
policemen were on guard at the door.
Defense attorneys waived the reading
of the charges and specifications. IN
spector Shelby and Lieut.. Kelly plead
ed not guilty to all of them.
With these preliminaries out OF the
way. Mai. Atkins ordered the room
cleared of all the witnesses until sum-
moned by the trial board.
Hartman Is Called.
The first witness called to testify was
Policeman Earl P. Hartman OF the thro
precinct. the first to. arrive at the ParK
lane apartments when the BODY OF MIS-
Mcpherson was found by her young
husband. September IA, on the moor OF
her bed room. Under questioning o.
Assistant Corporation Counsel byncn
the ofhcer described the events tnaV Iol,
lowed his arrival at the scene: "a. Le % nv
he only opened the door OF the pee
room and looked in at the body OF tine
young woman. l.,
Oficer Frank o. Brass came over tc
relieve him. he testified, and ne stayeo
until the arrival of Capt. William .
Stott Until the third precinct captain
came. Hartman said he permitted nc
one to enter the bed room.
T1non his arrival at the scene, Hart
man testified that young Mcpherson
and wilmer c. Ruff, the manager OF
the apartment house, were in the apart
ment.
Did Not Talk With Two.
The most important phase Of the Of
1cer's testimony was brought out Wneh
he declared he did not talk WITH either
Shelby or Kelly on the night ana al
though he was summoned to appear aS
a witness at the coroners inquest, ne
was not called on to testify.
The prosecution questioned Hartman
only for a few moments and then
turned him over to croSs-examination
by the three defense attorneys.
Attorney Quinn, conducting crOss-ex-
animation for Shelby, drew from the
witness that he had waited in vain tc
be called at the inquest and had not
seen Shelby He said he had drawn
I'D his incidental report of his visit tC
the apartment and the discovery OF
Mrs. McPherson's body, and this report
was placed in evidence as document
No. by the prosecution.
Under further questioning, Hartman
said he had only looked through the
partially open door of the bed room
and did not try to push the door open
It was merely his duty: to see that
nothing was disturbed in the apartment
untit the arrival Of Capt Stott OF his
precinct and the chief Of the homicide
squad.
StOtt IL First to Arrive.
He testified that Capt. Stott was the
first to arrive and was accompanied by
McPherson's father and a friend.
whom he believed was Assistant United
States Attorney Collins. Stott asked
him II he had enough information to
make out his incidental he added, and
went into the bed room, accompanied
by Offlcer Brass. Hartman said he
didn't pay any particular attention to
them and could not tell how long they
remained in the room
Attorney O'Shea, appearing for Kelly
drew from the witness the fact that he
did not see the chief of the homicide
squad at the apartment, but saw him
later at the station house. When Hart.
man left the apartment, Capt. Stott was
in charge.
O'Shea resumed questioning Of the
witness along a different line, the pur-
pose being to elicit information as tC
whether Hartman had seen any signs Of
disorder in the apartment on his ar
rival.
II looked around to see If there was
any sign Of struggle" Hartman ad-
mitted.
Did you find any?" o'shea asked
him.
Il did not" the witness replied.
Describes Bedroom Effects.
He described infinitely the effects iT
the bedroom, living room, bathroom anc
kitchenette which was the home of Mrs
Mcpherson and said he had founC
nothing disturbed" and al the rug
apparently in order.
Hartman admitted, however, upoT
further cross examination, that one o.
the twin beds had been disturbed. ThI
light on the small table between thu
beds was lighted, he said.
Questioned by O'Shea as to whethe
he had noticed any Odor when he ar
rived, Hartman replied:
Yes, I noticed an odor In the liVini
room and very pronounced odor IA
the bed room"
He said ne did not go into the bail
room.
Attorney Quinn asked the witness !
he had opened any window In either tn
bed room or the apartment. Hartmal
replied that he had not, nor could h
recall hearing any one open a windoN
when Capt Stott was in the room. Tn
two double windows Of the bed room, h
said. were closed.
The prosecution had no further ques
tions to ask Hartman in rebuttal whel
his cross-examination closed at thi
point
Brass Relates Observation.
Policeman Brass, also of the thir,
precinct, followed Hartman on the Wit
ness stand. He too had been in tn
apartment of Mrs. Mcpherson shortl
after the flnding of her body. an,
Prosecutor Lynch questioned him a
length as to the condition of the room
and the position Of the body.
Brass gave a detailed description o
the twin beds and told OF observing
ukelele on one of them. Prosecute
Lynch. then asked him what he OBJ
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