Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-05
Commissioners Consider Trial
of Officer UnWise While
Jury Charges Are Being
Investigated.
LAWYERS WON'T SEEK
EARLY TRIAL OF CLERK
Municipal Inquiry Into Shelby and
Kelly Case Nears Abrupt End
as Important Witnesses Fail to
Appear Before Board to Give
Testimony.

While young Robert A. McPher-
son, jr., smiling and confident,
was pleading not guilty today to
a charge Of strangling his wife to
death with a pajama belt, the
District Commissioners issued
orders restoring to duty Police
man Robert j. Allen, whose lone
investigation resulted in Nc
PherSon's indictment.
Allen had been suspended be-
cause of his unauthorized" probe
of the death of Mrs. Mcpherson.
His restoration to duty follows
action of grand jury in vindicat-
ing Aliens murder theories and
condemning detective officials for
"inefflciency."
At the same time, il was apparent
that a municipal inquiry into the grand
jury's excoriation of Inspector william
S. Shelby and Lieut.. Edward j. Kelly,
deposed detective heads, was about to
come to an abrupt end because of fail
ure of important witnesses to attend the
inquiry.
Restored Just Before Noon.
Policeman Allen was restored to active
duty shortly before noon by the board
of Commissioners. In taking their ac-
ton the Commissioners did not follow
the recommendation of Mai. Henry G..
Pratt, superintendent of police, who is
known to be opposed to such a course.
While the Commissioners did not say
what Maj. Pratt's recommendation on
the matter was, they said that action
had not been taken on Mai. Pratt's
recommendation in answer to reporters
questions.
Policeman Allen was suspended by
Inspector William S. Shelby on Sep
TENDER %. The reason actuating the
Commissioners in restoring him at this
time is that 1t is unwiSe to bring Allen
to trial at this time while investigations
are being made of charges by the grand
jury against TWO of his superior officers
and because the city heads considered
1t unreasonable to keep Allen suspended
without pay and at the same time with
hold from MIN an opportunity for
speedy trial.
The courtroom was crowded with
spectators when the first legal step in
the Governments prosecution of Nc
the front row of spectators sat his
parents
Brought to the courthouse from the
District Jail In Somber black Maria"
handcuffed to another young white
prisoner, Mcpherson smiled and nodded
to his mother and father as he entered
the courtroom in company of a deputy
m N II sn@<1 = a. =
them again as the brief and dramatic
courtroom scene ended.
Hurried Back to Jail.
Then he was hustled to the floor be-
low and placed in a stesl-barred cell
with a dozen other prisoners of both
colors.
Ten minutes later the Jail van was
backed flush against a side entrance in
the basement of the courthouse and
MCPHERSON, handcuffed to the only
other white prisoner in group of
dozen men, was escorted to the van and
hurried back to Jail.
No date for the trial was fixed by the
court, as no request was made by at
torneys on either side for a definite
date. william B. Leahy, who will de-
fend Mcpherson from the first-degree
murder charge, announced after con-
ference with Special Prosecutor John
E. Laskey, representing the Department
Of Justice, that it had been agreed not
to press for an early trial, pending COM
pletion OF an unprecedented Federal
investigation of the case by the bu-
reau of investigation Of the Department
Of Justice.
Approved on Proctor's Motion.
The order restoring Allen was APP
proved by the Commissioners on motion
of Commissioner Proctor L. Dougherty,
chairman of the board, and directly in
control of police matters. Mr.. Dough-
erty's motion read:
II move that the following order be
issued:
Order that Robert j. Allen, a mem
Der of the Metropolitan Police force Of
the District of Columbia, who was sus-
pended from duty upon the recon-
mendation of the major and superin-
tendent Of police on September %,
1929, be restored to active duty as of
this date, that he be paid during the
period of suspension, and that the
major and superintendent of police be
directed to assign said Allen to active
duty.
my motion is predicated upon the
unusual conditions that exist in this
particular case which make it unwise
to bring said Allen to trial on charges
at this time, while investigations are
Continued on Page 2, Column %