Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-18

The extraordinary trial of In
spector william S. Shelby, assist
ant superintendent of police, and
Lieut.. Edward J. Kelly, on charges
growing out of the sensational
accusations of the July grand
jury that they bungled the police
investigation into the mysterious
death OF Mrs. Virginia McPher-
son, developed at its very outset
today into a detailed review of
this twice investigated and bat-
fling case.
Five witnesses had testified early this
afternoon, and the procedure followed
by both the prosecution and the defense
gave positive indication that the entire
Mcpherson case would be reconstruct
ed in detail to establish the basis of
the July grand jury's excoristion of the
Police Department.
The witnesses were all members OF
the Police Department who played some
part in the investigation of Mrs. NC
Fhersons death. They were Headqusr-
tiers Detective Dennis Cullinane and the
following members of the third precinct:
Sergt Emil Desch, Earle p. Hartman,
Frank O. Brass and William Burke.
Ordered Mate Held.
The trial progressed into the early
afternoon before attorneys for Shelby
and Kelly disclosed the first definite in
6ication of the defense of the two ofi-
GERS. Then it became apparent that
the lawyers intend to build up evidence
to show that Kelly and Shelby and
other police officers had run down every
possible clue that developed and had
proceeded on the theory that Mrs. Nc
Pherson had been murdered even though
a coroners certificate of suicide had
been issued.
Cross-examination of witnesses brought
out that Kelly, after Deputy Coroner
Joseph D. Rogers had issued a certif1-
cate of suicide, suggested to him that
an autopsy be performed on the body
of Mrs. Mcpherson. It was disclosed
that Kelly ordered that Robert A. NC
Pherson, jr., youthful husband of the
dead nurse be held for investigation
pending an inquiry into the circum-
stances surrounding her death.
Inspector Shelby, the first off1cer OF
his rank to face a police disciplinary
board, and Lieut. Kelly appeared con-
fident when the trial began that they
would be indicated and restored to
their former positions in the detective
bureau-Shelby as the chief and Kelly
as head of the homicide squad.
Both pleaded not guilty to the charges
and the long series of specifications
hereunder when formally arraigned
Jointly before the special tribunal COM
Engineer Commissioner, who is chair
man; Capt. H. C. Whitehurst, chief en-
gineer and co-ordinator of the Engi-
neer1ng Department of the District
Government, and j. B. Gordon, sanitary
engineer.
Neither Inspector Shelby or Lieut.
Kelly showed any visible signs OF
nervousness when the trial opened, al
though their faces reflected the strain
they have been under since the grand
jury's severe criticism Of them on
September 80.
Despite an open invitation to the
public to attend the trial, only a small
group of spectators. about 80 in num-
Der, we're present at the opening Ses-
sion, leaving about 20 vacant chairs in
the trial board room in the sixth pre-
cinct station house. Many of these spec
tators we're friends Of the two veteran
police officers.
Trial Is Late in Starting.
A series of last-minute ureliminaries
resulted in the late starting of the trial
The trial was scheduled TO Degin at 10
O'Clock and it was shortly after 1896
when the first witness was called 70 the
stand Tables in the trial board room
had TO be rearranged to accommodate
the array Of lawyers. and newspaper
photographers were granted about 10
minutes to take pictures Of the tria
board and the principals.
Shelby is represented by Attorney
Henry 1. Quinn and George E. Strong
James A. O'Shea is Kelly's counsel
William w Bride corporation counSe
of the District detailed two of his lead
ing assistants Robert e. Lynch anc
Walter L. Fowler, to prosecute the case
Chairman Atkins announced that tn
trial board would make every effort Il
bring the proceedings to close betor
the Christmas holidays, but the de
tailed examination of the early wit
nesses by both the defense and prose
cution gave evidence that the trial ma.
drag into the new year. The sched
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