Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-22
CHANGES REFUSAL TO TESTIFY
TESTS POWER OF POLICE BOARD
CONTINUED From First Page.)

Again Refused to Testify.
Chance was not the only witness who
refused to testify yesterday. Samuel
p. AgneW, another member of the July
grand jury, followed his example, and
the board was more lenient with him
in view Of his explanation that he had
been advised he did not have to testify
unless he cared to do so. The board
excused him until 1:15 o'clock Monday
afternoon to confer with counsel and
decide his course of action. Some
change will have to be made in this
arrangement, however, according to
Chairman Atkins, as the board likely
will not be In session At that time.
Refusal of Chance and Agnew to
testify appeared to surprise the trial
board and caused considerable stir and
legal controversy between opposing
counsel. These developments did not
provide the only sensation of the COM
paratively brief proceedings which
opened at ! O'Clock In the afternoon
and ended unexpectedly at $40 O'Clock.
Former Policeman Robert J. Allen,
who twice before had testified, came
back and was OH and of the witness
stand twice within an hour. The first
time he said he wanted to clarity GER
tain statements he made Friday. and
on his second appearance lac attempted
testified as character witness for
Kelly.
Mcknight Quotes Shelby.
Other witnesses We're J. d. Mcknight.
q third member Of the July grand jury,
who corroborated substantially the
testimony OF Chance to the effect that
Shelby, when he appeared before the
grand jury. admitted that he felt that
llo no sshIHnnladD ha ifnu ino
ton of the death of Mrs. Mcpherson
and police had not gone into 1t deeper,
and James A. Easby-Smith. prominent
Washington lawyer, who testified as .
character witness for the defense.
Chances refusal to testify further
came as distinct surprise to the prose-
cution, by whom he had been sum-
moned. He had testified readily Friday,
his occupancy Of the witness chair being
interrupted only long enough to allow
Assistant United States Attorney Shea.
who was preparing TO go out Of the city,
to testify for the defense out Of turn.
Chance was excluded from the trial
room during Shea's questioning and he
did not learn of Shea'S attack on him
until he read late editions of the papers
that night. Apparently he made up his
mind overnight to refuse To give further
testimony.
In view Of the action Of the trial
board yesterday in allowing the district
attorneys office TO give testimony that
I don't consider had any bearing on this
case" Chance announced as he seated
himself. Il will refuse to testify any
further"
do you mean you now refuse to
testify?" inquired Chairman Atkins,
taken by surprise.
Il do" Chance said positively.
Defense Counsel Henry j. Quinn
leaped to his feet and moved that all
OF Chances testimony before the board
be stricken from the records He argued
that the direct testimony was OF no val
ue to the board unless the witness could
be subjected to legal cross-examination
The prosecution went into conference
and then announced Its objection TO
the defense motion, pointing out that
Chance had been croSS-eXamined par
TALLY the day before.
Hearing Is Recessed.
In the midst of the legal controversy
the board recessed the hearing, ex-
Guided every one from the room except
attorneys for the prosecution and de-
tense and went into an executive con-
ference. Five minutes later Chance,
Shelby and Kelly were called into the
conference. few moments later the
doors were opened and Chance emerged
with his hat and coat and started down
the stairs
What happened" he was asked.
ON, I'm going away for the Christ
mas holidays" Chance replied with Q
smile.
When spectators and principals had
seated themselves again the next wit
ness, Allen, was called. There was
no public announcement at the time of
the result OF the parley, but when re-
porterS conferred with Atkins he said
1t had been decided to cite Chance TO
the Police Court to compel him to con-
tinue his testimony.
AS Allen took the stand he asked
permission to make q statement. De-
tense counsel objected, and Allen ex-
planned thst the statement concerned
his testimony before the board the
day previous. After some discussion
he was permitted to go ON.
There was q statement In the papers
this morning by the chief OF police
press agent that 1 had said 1 wouldn't
began.
Now. I didn't say that. It said
l did not tell the truth before the
board. ! want TO clear up in the
minds of the board that / will tell the
truth. I've never said wouldn't tell
the truth. ! want to see whether 1
said would lie or not and II l didn't
say 1t, the board can issue a state
ment denying 1t. It's important to
my future reputation"
Allen Wins Point.
There was objection from counsel TO
Aliens suggestion that he be allowed
to examine the record, but finally the
board agreed TO let him do so lover
the week end"
Prosecutor Walter L. Fowler then
proceeded to question Allen concern
ing the Mcpherson case. The pros
theories were as to how Mrs. Nc
PherSon came to her death.
Il have no theories about that"
Allen said. Il know she was muir
dered."
Fowler then turned the witness over
to the defense, but at the request of
the latter Allen was excused for the
time being, TO be questioned later
Agnew, called In at this point de-
clared he would refuse to testify. The
chairman warned Agnew he was rem
derlng himself liable TO court action to
compel him to testify. Somewhat per-
turbed by the admonition. AsneW said
he had understood he did not have
to testify. When Atkins indicated he
might excuse The witness, Fowler
entered q strenuous objection and an
nounced that III the event OF AgneW's
refusal to testify, the corporation coun-
sells Office would cite him to the court.
Agnew then said he would like per-
mission to consult with counsel before
making a final decision. He said he
had no attorney, as he had not ex-
pected any legal complications. but that
he would get one and obtain advice
as to his legal rights. The board
agreed to this. and Agnew was ex-
cused until Monday.
Dispute Over Aliens Status.
In the meantime Allen had sent a
70 chairman AAl,i,ac l.nA