Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-23
SCHULDT ORDERS
CHANCE TO RESUME
POLICE TESTIMONY
Court Directs Him to Appear
Before Trial Board on
January 8.
SIMILAR ACTION PLANNED
IN CASE OF AGNEW
Chairman Notified by Attorney He
Will Decline to Testify in
Shelby-Kelly Case.

Police Court Judge Gus A. Schuldt, in
an unprecedented action, today ordered
Merritt o. Chance, foreman of the July
grand jury, to appear on January and
continue his testimony before the spe-
cial police trial board investigating
charges that Inspector William S. Shell
by and Lieut.. Edward ]. Kelly bungled
their investigation of the death of Mrs.
Virginia Mcpherson.
Chance defied the trial board Satur-
day when recalled for cross-eXamination
and announced he would refuse to testi-
fy further in the case on the ground
that the board allowed irrelevant testi-
Inony to be given by the United States
attorneys office.
Chance had reference to bitter at
tack on him by Assistant United States
Attorney Walter Shea. who character
lied him as "a mental misfit, drunk
with authority" in describing Chance
conduct as foreman.
Appears without Counsel.
Judge Schuldt's action in directing
Chance to complete his testimony was
taken at the request Of Assistant Cor
pOIdClOn (OunS6IS fSODcIG AyHCn dIlu
Walter L. Fowler, who are conducting
the prosecution of Shelby and Kelly be-
fore the extraordinary board. The court
pointed out that If Chance refused to
comply with the order further conSid-
Grafton would be given to legal techni-
calities involved in this unusual case
Chance appeared before Judge Schuldt
without counsel, and the court extended
the time limit for compliance with the
hat IA NOIlld rnYHSrIlt with his
attorney, who Is out Of the city over the
holidays.
Similar action is contemplated by
the trial board in the case of Samuel
p. Agnew. another member of the July
grand jury who declined to testify.
Agnew followed Chances example when
summoned before the board Saturday,
but when he was warned that steps
could be taken to force him to testify,
he said he desired TO confer with coun-
sci before making final decision.
The board allowed him until 1:i5
o'clock this afternoon to consult coun-
eel and decide his course. Harry
Whelan, attorney for Agnew. notified
Mai. L. z. Atkins. chairman Of the
trial board, shortly before II o'clock this
morning that he had decided to ad-
here to his original decision and decline
to testify.
Legal Steps Due Thursday.
Legal steps to compel Agnew to
testify, however, will not be taken until
Thursday, when the trial board
reconvenes to resume the trial of
Shelby and Kelly. Mai. Atkins indicat-
ed that the same procedure adopted in
the case of Chance would be followed
IN Agnew's case.
Possible contempt proceedings face
Chance If he disobeys the mandate Of
Judge Schuldt and refuses to appear
before the trial board January and
submit to cruss-examination Chance
completed his direct examination when
he testified Friday.
Never before in the history of the
trial board have steps been taken to
force q witness to testify similar to
those involved in the case Of Chance
The trial board has had the court
issue attachments for the appearance
Of q witness before it, but these wit
nesses we're not specifically instructed
to testify. In the case of Chance,
however, the court. at The request of
the trial board, gave him specific di-
rections to complete his testimony.
Lacking judicial powers. q police
(Continued on Page q Column ~