Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-08
KELLY AND SHELBY
DEFENSE MAY CALL
GRAND JURY GROUP
Identity of These Members
of Panel UndiSCIoSed by
Attorneys.
PROSECUTORS DISCUSS
CASE AGAINST OFFICERS
Method of Procedure at Coming
Sessions of Trial Board Also
Is Debated.

When Inspector William S. Shelby
and Lieut.. Edward j. Kelly go on trial
to defend themselves against charges
arising from their investigation of the
Mcpherson case, their defense prob
ably will rest in part on the testimony
of certain members of the July grand
jury, which drew up report against
them.
This surprising announcement was
made last night by Henry 1. Quinn, one
OF two attorneys retained by Inspector
Shelby.
Who these witnesses are or the ma
ture of their testimony was not dis
closed by MIR. Quinn. His announce
ment, however, Embossed a wealth of
speculation.
Cooperating with Mr.. Quinn in
Shelby's, defense is George E. Strong,
while Lieut.. Kelly has retained the
services of James A. O'Shea.
The defense attorneys have indicated
their readiness to go ahead with the
trial at any time. Assistant Corpora
ton Counsel Robert E. Lynch and Wal
ter L. Fowler, however. win require all
of this week to prepare the prosecutions
case.
Plans Kept Secret,
Considerable mystery attaches to the
identities of witnesses in the case, both
sides having evinced extreme reluctance
to disclose their hands prior to the
opening of the trial. 1t is generally be-
lieved however, that the prosecution
will make every effort to secure testi-
mony from the % members of the July
grand jury.
The defense takes the position that
since the grand jury members origi-
mated the charges, they should, in fair
ness to the accused men, set forth the
basis of their indictment at public
hearing. Otherwise, they point out,
Shelby and Kelly will be denied fair
chance to vindicate themselves.
Assistant Engineer Commissioner L.
E. Atkins, who is chairman of the spe-
cial trial board, said yesterday he has
not been requested by either side to sub
poena any witnesses. Other members of
hurst. chief engineer of the District,
and j. B. Gordon, District sanitary en-
gineer.
LAS i understand it," Maj. Atkins
said, the function of the trial board
is to hear the evidence, and it is not
concerned with the preparation of either
sides case. 1 will subpoena all wit
nesses that either side wishes, but am
not sure we can compel them to testify.
However, we will have to do the best
we can with the situation"
Prosecutors Confer.
The two prosecutors held a confer
ence with their chief, Corporation Coun-
sci William w. Bride, yesterday, but
would not discuss in detail the matters
they considered. When the meeting
broke up Lynch and Fowler said the
question of the charges had been dis
cuSsed in detail and also certain matters
relating to their method Of procedure in
the case.
The charges against Shelby and
Kelly were outlined in report to the
District Commissioners by Mr. Bride
and Assistant Engineer Commissioner
Donald A. Davidson. who composed
special board detailed to investigate
the grand jury's charges. 1t is expected
that formal charges will be served on
the two officers Tuesday. Tentative
plans call for holding the trial Deem
Der Is, in the sixth precinct station
house.
Inspector Shelby is charged with con-
duct prejudicial to the reputation and
maintenance of discipline in the Police
Department. Lieut.. Kelly faces this
charge and an additional one Of neglect
of duty. Numerous specifications we're
appended to each charge in the report
submitted to the Commissioners.