Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-11-30
Shelby and Kelly to Answer
Jury Charge of "BungIing"
Mcpherson Case.
JUSTICE DEPARTMENT
REFUSES TO GIVE DATA
Indications Point to Special Board
Composed of District Commits
sioners Themselves.

The way appeared clear today for an
early arraignment before a special trial
board of Inspector william s. Shelby
and Lieut.. Edward j. Kelly on grand
jury charges of "bungling" the Nc
Pherson strangling case, following re-
tusal by the Department Of Justice to
surrender the data collected In its spe-
cial investigation of the case.
District authorities had been mark.
ing time pending reply from the At
torney General to their request for per-
mission to examine confidential records
OF the Bureau of Investigation In the
McPherson case. Now that the possi-
oility of securing this information has
been shattered, Commissioner Proctor
L. Dougherty said today there appeared
no reason for further delay in settlinn
tne Snelby-Kelly problem.
Trial by Special Board.
indications were that the deposed
detective chiefs would be brourht ~
t[lai before special board Composed
OF the commissioners themselves. The
basis OF the trial will be the scathinS
neport OF the July grand jury, which,
inquiry into the mysterious death IF
virginia MCPHERSON, and which snecifS.
caIiy condemned Inspector Shelby. then
cnleI OF the detective bureau ana
Lieut.. Kelly, then head of the hon,iciTe
Both police officers have reuuested =
speedy trial and apparently the mini
lequesC VIII be granted promptly. An
announcement in this connection is ex-
PSSteo early next week, when Mai Dom
A.
missioner, and w. w. Bride. corners t;o,,
counsel, will meet to prepare a report "
the Commissioners. ~
AZ known Maj. Dawson and Mr.
biloe were disappointed at the ref,1sei
VI the department of Justice To MAZE
available to them secret records covsr-
ing the Federal investigation of tha
rar6 Lane tragedy. 1t Is said both wers
coi'noeht tne request would be granted
Mitchell and Hoover Confer.
attorney General Mitchell. foIIowino
a GoIlIerence yesterday afternoon with
~: Eugar Hoover, director of the H,,rea,,
OF investigation, wrote the Cornn,is.
Sloners that the department hsd not
InVeSVlgated the manner in which the
I0ca! police conducted their probe of
tne McPherSon case and explained thai
an information obtained from witnesses
confidence. To make the transcrint nt If
teStlmony available to municiDal ofi-
clalS, the Attorney General pointed out
Would De a betrayal of the trust which
the departments informantS had nlaced
IN the Government. Mitchell reY11arksd
tnaC the Commissioners should be ahIe
70 gain any information they desired by
questioning the same persons inter-
viewed by Federal agents,
Inc text OF the letter, which was adj
dressed TO Commissioner Proctor L.
Dougherty, is as follows:
My Dear Mr.. Commissioner:
nave received your letter of No.
vemoer 26. asking that this department
make available to the special hoard an
pointed by the Commissioners of ths
district to inquire into charges against
members Of the Metropolitan Police
department a Stenographic report of
tne statements made to the Bureau of
inVeStlgatlon OF the Department of
Justice during its INQUIRY into the death
OF Mrs. Virginia H. Mcpherson,
The Bureau of Investigation Under
took the inquiry into the Mcpherson
case Tor the very purpose of separating
the administration of criminal Justice
from any controversy within the Police
department, and its inquiry was not so
conducted as to draw out any matters
bearing on the conduct of the police.
Special care was taken to avoid any
action which would draw the Bureau of
investigation into the controversy with
IN the Police Department, because the
department of Justice has no lawful
1unction 70 perform respecting matters
OF police discipline or efficiency.
Because OF the way in which our in
qulry was conducted, If there Is anv-
thing in the statement of witnesses to
this department which has any bearing
on the matter your board is investie
direct. 49,
Should BE Confidential.
Furthermore, large number of the
witnesses whose statements were oh
tained by the Bureau of Investigation
gave their statements upon the as
surance that they would be treated As
confidential to the extent of not being
used except in the presentation of the
matter to the grand jury.
We could not now open these state
mentS for inspection for any other pur-
pose without violating this assurance
committing a breach OF faith and i'm
pairing the effectiveness of the bureau
work in the future. 1t is also open to
the officials of the District to obtain
in their own way information respect
ing how the Police Department made
its inquiry into the death of Mrs Nc
Pherson.
For these reasons I have been COM
PEELED to the conclusion that 1t would
not be in the public interests to allow
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