Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-11-09
Laskey viii Present Evidence
to New Body Which Con-
veneS Next Tuesday.
PR0CEEDINGSMAY EXTEND
OVER PERIOD or WEEKS
Attorney Leahy Plans Move to
Have Accused Husband Freed
Under Bond.

Although Special Prosecutor John E.
Laskey has announced he has sufficient
evidence to justify him in pressing the
charge of murder against Robert A.
Mcpherson, jr., the Government has
decided to place before another open
minded" grand jury all relevant evi-
dence in the case, however conflicting
it may be.
That the testimony obtained from
more than 800 persons by Department
Of Justice agents has been conflicting
is admitted. Much of the information
has been irrelevant. All facts not bear
ing on the mysterious death Of Vir-
ginia Mcpherson will be eliminated from
the data to be presented to the grand
jury, beginning Tuesday.
In short, 1t is indicated the Govern
ment is determined to have a careful
and Unconditional consideration of all
facts in the case by grand jury whose
mind Is open to all theories and which
will not be swayed in its deliberations
by the Governments decision a week
ago today to prosecute Mcpherson.
Proceedings May Be Long.
In view Of this determination, it ap-
pears now that the new grand jury
proceeding may extend over a period
Of weeks. While the list of witnesses
being subpoenaed over the week end
contains the names Of but small pro-
portion Of the great number interviewed
by Federal operatives during the past
month and half, the list is said to be
quite long," nevertheless.
Should the Government wish to sum-
mon Mcpherson, who remains under
rf tNn
action of contested grand jury, coun-
sci for the young husband will interpose
no objection.
Meanwhile, legal moves designed to
gain McPherSon's release from the Dis
trict Jail on bond, pending the new
grand jury hearing, were being held in
allegiance until next week, it was stated
by James F. Reilly, associate Of William
E. Leahy, defense counsel.
Seeks McPhersOn's Release.
Leahy said yesterday he would file
motion to have his client admitted to
bail in his custody following announce
ment by Laskey that he would re-
submit the Mcpherson case to the pres
planned that the determination was
reached as q result of recent develop
mentS with respect to the ineligibility of
the grand jury which indicted HAbert
A. Mcpherson, jr."
The recent DEVELOPMENTS" rereared
to were moves by u. S. Attorney issfver
to resubmit to the grand jury testimony
in three other cases in which indict-
mentS were handed down by the grand
jury which also charged Mcpherson
with strangling his wife to death with
a pajama belt. Rover's action was pre-
cipitated by the discovery that Mrs. De-
lores Marmion, member of the Nc
Pherson grand jury, was ineligible to
serve because she was receiving pen
sion from the Government. MRS. Mar
mion is the widow of a naval officer.
The courts have held IN similar In
stances that indictments handed down
by grand jury with such an unquali-
Ted member were voidable.
Awaits Action Of Jury.
Leahy apparently has decided to post
pone a vigorous legal fight to free his
client until he can learn whether the
new grand jury proceeding win be an
other extended affair. The first hear
ing consumed about six weeks, during
which approximately 80 witnesses were
examined. The grand jury at that
time, however, investigated not only the
circumstances of Mrs. McPherSon'S
death. but alleged bungling of the case
by the police, the coroner's Office, The
district attorneys Office and others.
The possibility of the present grand
jury delving also into the police admin
istration angles was a matter of much
conjecture today. The Department of
Justice is said to have been greatly i'm
peded in its investigation by the manner
In which the early investigation was
handled. although its report to the
prosecutor will contain no condemna-
ton OF any one. If the grand jury
should wish to question the Government
Investigators on these collateral phases
it is possible there might be interest
ing developments"