Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-20
Continued From First Page)

and another member of the grand jury
made a personal test and satisfied them
selves that Allen could have seen man
climbing out of the Mcpherson window
Chance stated that both Inspector
Shelby and Lieut.. Kelly told the grand
jury that they did not know whether
an inspection of the Mcpherson apart
ment had been made for fingerprints
or TO ascertain whether the windows
! were up or down or whether the light
was turned OH in the bedroom.
Details unnecessary"
The witness declared Lieut.. Kelly tes-
titled 10 the jury that he had not
thought it necessary to make detailed
examination of the room, because the
! coroner had said the case was q suicide
Both Inspector Shelby and Lieut.
Kelly, Chance said, told the jurors that
they thought Mrs. Mcpherson had COM
/ mitted suicide, -
DR.. Edward A. German, first physi-
clan to view the body, was summoned
as a witness before the grand jury
upon the initiative solely of Foreman
| Chance, the trial board was advised.
Chance said DR.. Germans name at no
time was mentioned by either Shelby
or Kelly.
Lieut.. Kelly. according to the witness.
! told the grand jury he had not exam
ined the twin beds in the Mcpherson
apartment. The jurors decided them
| selves to go and make an examination
OF the bedroom, Chance said and they
| found that one of the beds was unused
| up" and there was little blood on one
| of the pillows.
Did Inspector Shelby make any ad-
mission to you as to the way the case
| had been conducted by the police?"
Chance was asked by Prosecutor Lynch.
Inspector Shelby. told the grand jury
on two different occasions that he
| thought the police had bungled the
case" Chance replied.
European Methods Differ.
Pressed for further details as to what
Shelby had said, the witness con-
tinued:
He said that in European countries
the police did things differently than
detectives on this side of the water
that great care was taken to take pho
tographs, get fingerprints and study
other phases.
He said the Mcpherson case would
be a lesson to him and that he would
profit by it in the future by going into
cases more thoroughly"
Chance identified photograph of Mrs.
McPherson's body, showing a black
dress on the bed. The prosecution fail
ed i'll an effort to obtain an expression
of opinion from Chance as to whether
the dress In the photograph was the
one produced before the grand jury by
Lieut.. Kelly. After much legal bicker-
ing, Chance was permitted to testify
that two black dresses were submitted
To the grand jury, one by Lieut.. Kelly
and the other by Assistant District
Attorney Collins, and that the latter
dress was actually the one which had
been draped over the form of Mrs.
Mcpherson. The second dress was OBJ
tanned from the undertaken, the board
was told.
Chance said, in response to questions,
that the homicide chief did not produce
any letters or papers found in the Nc
PherSon apartment.
Asked If he knew why Stenographic
notes were being taken in the grand
Jury room, Shelby was quoted by
Chance as stating that the notes were
to be used in connection with perjury
charges against "a certain person"
Quinn Causes Stir.
1t was at this point that Attorney
Quinn caused CONSERVATION in the room
and then brought the perjury issue out
when he declared during croSS-examina-
ton of Chance that the grand jury had
charged IN its report that Shelby had
committed perjury, and demanded of
the former jury foreman why the in
Spector had not been indicted.
Vigorous objection was made by the
prosecution to all questions in this
connection as improper, but the trial
board overruled. Chance then finally
declared that IL the grand jury had not
expired the day it made It's report and
had continued for another month. 1t
would have indicted not only Shelby
but Kelly also on perjury charges.
The session recessed for luncheon
before his reasons were made clear.
Chance replied to questioning that
he was not suggesting indicting Shelby
at the time, but that he had frankly
told one Of the men on the grand jury
that If they had another month to go
he would have been in favor of indict-
ing both Shelby and Kelly.
You never appeared before any other
board to make those charges, did you?"
Quinn demanded.
NO" Chance replied.
The defense brought out also that
the grand jury foreman had not APP
peared before the special board to make
perjury charges.
You refuse to sign charges against
these men?" the defense attorney de-
manded.
Yes" Chance replied.
WrangIes Are Frequent.
Counsel wrangled frequently over the
method of questioning, and just before
recess was taken Mr.. Quinn in dis
cuSSing who had control of the grand
jury declared excitedly: The District
attorney did not run this grand jury,
they rap him, they ran him out of the
room, and when the report was made,
charges were filed against the Dis
trict attorney just like they were
against the Police Department"
The controversy over Shelby arose
during the croSs-examination, when ref
erence was made to the Stenographer
ordered out Of the grand jury room
and Shelby's own declaration that Mrs.
Heavrin and Allen ought to be indicted
for perjury.
Chance said that the inspector had
told him a man could not be seen at
the window OF the Mcpherson apart
ment from the point Allen had stood,
and that he himself had gone to the
apartment and made test, which veri-
Ned Aliens statement. He was asked
why he had not made a specific charge
against Shelby in the report and replied
that there were lots of things we did
not charge in it,"
Under persistent questioning Chance
insisted that Shelby also had told him
the stenographer was in the room for
use in any possible perjury charges
before a police trial board. He insisted
that the grand jury had taken the mat
ter up with Collins and that the assist
ant district attorney had said the same
thing.
The grand jury foreman said the
jury had expired the day its report was
made and for that reason no action
was taken on Shelby's suggestion with
reference either to Mrs, Heavrin or
Allen.
The defense counsel, however, insisted
an indictment could have been drawn