Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-27
Judge 'Schuldt Refuses to
Pass on Verbal Request
to Make Jurors Talk.
SHELBY AND KELLY TRIAL
TO REOPEN ON MONDAY
Joseph H. Bait Joins Three Others
Who Declined to Answer
Call to Testify.

The basis for what threatens to be-
come a stiff legal test of the authority
OF the Police Trial Board to compel q
witness to testify was laid this after
noon when Police Judge Gus A. Schuldt
refused to pass on a verbal request of
the corporation counsels Office that two
members of the July grand Jury be in
structed to testify before the board un-
til the court has been presented with a
formal petition outlining legal issues in
volved.
The court reached this decision after
legal skirmiSh percipitated in Police
Court this afternoon, when Prosecutors
Fowler and Lynch in the Shelby Kelly
trial sought vainly to have Judge
Schuldt direct Samuel P. Agnew and
Baxter M. Davidson, members of the
grand jury which criticized Inspector
Sneloy and Lieut.. Kelly, to give
testimony at the trial OF the officers.
In the case Of Joseph H. Bait, an
other grand jury member who failed
to appear when summoned to testify
To-Day In the police trial, Judge Schuldt
granted request of the corporation
counsel that Bait be compelled to an
pear before the trial board on Decer1-
Der 80. Bait, the court was informed.
appeared when first summoned and
was excused until this morning. When
ms name was called there was no an
SWer, ana Lynch advised the court
mat ne learned Bait had gone out of
town.
Attorneys Object.
Agnew and Davidson appeared in
court today with their ATTORNEYS. Harry
t. Whelan and Robert /. Miller, re-
spectively. Both attorneys vigorously
onJected to any action by the court on
the merits OF the case at issue until the
trial board and the corporation counseIs
oInce nave presented to the court a
formal citation against their clients.
Judge Schuldt was inclined at first
10 ADOPT the suggestion of the corpora
lion counsels office that he order Agnew
ana DAVIDSON to testify, without judging
the issues until they have refused to
obey the courts order.
Incensed at Attack.
The cases of Agnew and Davidson diff
fer from that Of Chance in that the
tirst two refused to answer any. uues-
lions whatsoever, while Chance testified
readily until be became incensed at a
verbal attack made upon him by Assist
ant United States Attorney Walter
shea. The former foreman declined TO
go on with his testimony as a protest
against action of the board in permit
SAAA8 0AACtA W ClldI6COETlLG CQAnCG as "a
mental misf1t, drunk with authority" In
his role as foreman.
Bats case differs from that of either
OF the trio mentioned, for Bait did not
even appear before the board. At his
nome today it was said he was out of
town Tor the Christmas holidays. Bait
was on hand in the witness room for
several days earlier In the trial, how
ever, ana apparently was ready to take
ffVRan
Let Case Drop.
The boards action in Bats case was
similar to that taken against Mr.. and
Mrs. Roy Heavrin Of the Park Lane
apartments, who were arrested and
taken before the board under an order
issued by the Police Court after they
mad failed to answer Subpoenas sent
by the board. The Heavrin couple re-
tused to testify when they appeared
before the board, but no further effort
was made to compel them to take the
stand: The prosecution explained that
tney let the Heavrin case drop because
1t did not consider their testimony so
important as that sought from the
members Of the grand jury.
The trial board was In session scarcely
more than 10 minutes this morning at
the sixth precinct station house. The
name of Bait was called and when no
answer was received Prosecutor Lynch
arose and told the board he understood
Bait had been present in the witness
room for several days, but had said he
was going to leave the city.
We didn't excuse him from appear
ing" Lynch said, "and therefore we
must ask that the board take action
such as has been taken in the case
OF other witnesses, to cite him to the
Police Court and compel him to testify"
Orders Action Taken.
Chairman L. E. Atkins thereupon is
sued instructions that steps be taken
by the superintendent of police to cite
Bait to the court without delay The
board then adjourned until 10 am.
Monday.
Bait is said to have been a member
Of q committee of the grand jury ap-
pointed to draw up the report criticiz-
ing the police in connection with the
inquiry into the death Of Virginia Nc
Pherson. He was to have been the last
witness, with the exception
of Assistant United States Attorney
William H. Collins, who has been i'll.
IT understand that the prosecution
is not going to call Mr.. Collins" De-
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