Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-05-14
BYRD POWERLESS
:. TO ACT IN KILLING
Advised That He Cannot Or
der Investigation in Shoot
ing of Student.

ny the Associated Press.
RICHMOND, Va, May 14.-Gov.
Harry Flood Byrd of Virginia, who was
recently petitioned by the student body
of Emory and HenIy College to see
that the ends of justice are served" in
the fatal shooting of J. w. Kendrick. II,
Emory and Henry student, while he
occupied an automobile that was being
chased by three officers. finds himself
without authority to order an official
investigation. he has been advised by
Leon NJ. Bazile, assistant Virginia attor-
ney general.
The shooting of the student. how
ever continues to attract wide attention,
and late last night there appeared in
Abingdon 3 petition calling upon the
governor to order an immediate investi-
CATION into "deplorable conditions in
Washington county" the county in
which the shooting took place last Mon
day. Specifically the petition of last
night requested the governor to obtain
an explanation of why the three officers
involved in the shooting Of the young
man had not been suspended from duty.
Further the petition requested the
governor to obtain explanations, If pos
sible, of the "promiscuous and ind:s-
criminate gunplay in Washington
County and the common practice Of
town and county officers of stopping
and searching private automobiles with
out warrant" Circulation of this pc
tition was reported to have originated
in Meadow View, Va, late yesterday
and to have been taken to Abingdon.
where it was signed by so citizens late
last night. 1t was understood that
the petition was to be forwarded to
the governor tonight.
County Must Act.
Gov. Byrd late yesterday, however,
announced, following advice from the
assistant attorney general. that the
case was one for the Washington Coun-
ty Court to handle.
Kendrick was fatally wounded while
he occupied an automobile with two
companions, Sterling Dutton and Paul
Phelps, near Abingdon last Monday
night. James McReynoldS, Abingdon
policeman, and James Grove and J. w.
Worley. Washington County deputy
sheriffs. were chasing the car. they
said, and fired at the tires after an
order to stop had been ignored. They
said they had complaints that Dutton
and Phelps were drinking and disor-
DERBY and that they did not know Ken
drick was an occupant Of the car. The
youths, following the shooting. did not
stop. but hurried with the wounded lad
. a hospital, where he died "a hours
later. Phelps and Dutton were later
arrested, but denied that any member
Of their party had been drinking.
On q warrant sworn out by Ken
6fick's guardian. the three officers were
arrested and then released under SIS. 900
bond each after they waived preliminary
hearing. McReynolds, it is understood,
asked for and was allowed relief from
official duties until the case is disposed
Of, but the two deputies remain in their
Official duties.
Grove was reported in a serious condi-
Va, suffering from nervous proStra-
ton and heart ailment."
Petition Is Second One.
The petition OF the citizens of WASH
mgton County, II received by the gov
ernor, viii make the second one that
has come before him as an outgrowth
Of the shooting of the student. The
Emory and Henry student body, soon
after the young mans death, called
upon the governor for a complete inveS-
tigation, pointing out that the shooting
was "a pitiful example Of where men
in authority have divorced their judg-
ment and exceeded their powers. with
the consequence that a youth, whether
to q degree culpable or not, has died
the death which the law reserves for
the most inflexible criminals"
Citizens in their petition Of yester-
day said prosecution of law violators,
apparently, has been thrown into dis
card for prosecution Of law observers"
with constantly increasing fire.
quency in the past year." the petition
reads, these agents of the people have
been INDUCING in promiscuous and in
discriminate gunplay, adopting as q
matter of common course the practice
of shooting at automobiles, the whole
sale stopping, without warrants, Of pri-
vate automobiles for the purpose of
searching them and the general terror
ization of highways throughout this
section from dusk until dawn"