Evening star., 1929-12-21
DECISION REACHED
TO CITE CHANCE
TO POLICE COURT
Trial Board Acts When He
Refuses to Give Further
Testimony.
QUINN MOVES TO GET
TESTIMONY THROWN OUT
Foreman of Mcpherson Jury Scores
Taking of Evidence He Says
Has No Bearing on Case.

AS a result Of his refusal to testify
when he was recalled for cross-exan1i-
nation today at the extraordinary police
trial of Inspector William S. Shelby
and Lieut.. Edward j. Kelly, charged
with bungling the investigation of the
Mcpherson case, Merritt O. Chance,
foreman Of the grand jury which criti-
cized Shelby and Kelly, will be cited
in Police Court Monday for a rule to
compel him to complete his testimony.
AS Chance left the trial board room
he was overheard to say that he was
going away for the Christmas holidays.
Chance was called to the witness
stand as soon as the trial was resumed
at l O'Clock this afternoon and an
nounced that he would decline to testify
further.
Moves to Strike Out Testimony.
I'm view of the action of the trial
board in permitting the district attor-
neys Office yesterday to give testimony
which don't consider had any bearing
on the case" Chance declared, I'm
going to refuse to testify any further"
Henry /. Quinn, counsel for Inspector
Shelby, Immediately moved that all of
Chances testimony of yesterday be
stricken out of the record He said 1t
was of no value unless the witness could
be cross-examined. The prosecution,
through Assistant Corporation Counsel
Robert E. Lynch, registered vigorous
objection.
The trial board then excluded In
spector Shelby and Lieut.. Kelly and all
spectators from the trial board room
and went into executive conference
with prosecution and defense counsel,
A few minutes later the board sent for
Shelby and Kelly and after brief con-
ference with them the doors of the
trial board room were thrown open and
Maj. L. E. Atkins, chairman of the
board, announced that the board would
cite Chance In Police Court on Mon
day for a rule to compel him to COM
plete his testimony.
A representative Of the district at
torney's Office, testifying yesterday, said
that Chance as foreman was "a mental
misf1t, drunk with temporary authority"
and that the July grand jury permitted
procedure that was highly improper"
Charges Made by Shea.
The startling charges against the ex-
foreman and his jury were made late
yesterday by Assistant United States
Attorney Walter Shea, called out of
turn as defense witness because Of
his desire to I'LL an engagement out Of
the city.
Shea's testimony was admitted in the
face Of numerous legal skirmiSheS, dur
ing which the trial board was advised
by defense counsel Of their intention to
show that Chance and the grand jury
were ''pre1udiced."
Chance, unaware Of the accusations
made against him few minutes before
by the assistant United States attorney,
was cross-examined for a short period
before the close of yesterdays session.
No session Of the board was held this
morning.
Former Policeman Robert J. Allen,
who yesterday changed his mind about
not testifying after retracting a state
ment tending to reflect on the board,
also Is scheduled to be croSs-examined
this afternoon. He was unable to con-
tinue his testimony yesterday because
of court case in Arlington County in
which he was the plaintiff.
Wrangle Over Methods.
The afternoon session closed in bitter
over the methods of defense
counsel In trying to wiring an admission
from Mr.. Chance that he had refused
to swear to perjury charges against In
spector Shelby when it was alleged he
was asked to do so by w. w. Bride,
counsel for the District and
q member of the special board appoint
ed 70 investigate the charges In the
grand jury report.
Mr.. Chance, however, could not be
shaken in his persistent denial. When
finally allowed to answer, he said he
had refused to swear to the charges
and denied that Mr.. Bride had made
any such request of him.
In its efforts to show that bias was
back Of the grand jury report, the
defense questioned Mr.. Chance at
length about the events leading up to
the incorporation of the recommenda-
tions Of committee Of jurors that the
police officials "and others" be censured
for their alleged negligence in conduct
ing the Mcpherson case
On the motion of one Of the Jury
Mr.. Chance said, a commit
Tee Of five was named to make a re-
port "criticizing the police and Others"
but later he said he could not remem-
Der whether Others" were to be in
cluded.
Denies Allen Swayed Him.
He was asked If the report had not
been based almost entirely on the testi-
nony OF Allen, and smilingly replied
hat the former policemanS testimony
1ad not impressed him very much.
"Allen didn't make an attack on the
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