Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-26
TRIAL BOARD CITES
AGNEW ON REFUSAL
TO GIVE TESTIMONY
Police Body Meets Third Re-
buff in Questioning Grand
Jury Members.
DAVIDSON ASKS LEGAL
ADVICE AFTER WARNING
Scott Talks Freely of Shelby's Ap-
pearance Before Mcpherson
Death Probers.

4Ae extraordinary Pouce Trial Board
sitting charges Of ineficiency against
Inspector William S. Shelby and Lieut..
Edward j. Kelly met its third rebun to-
day In an effort to question members of
the July grand jury which excoriated
the two police officers for their inves-
tigation of the death Of Mrs. Virginia
Mcpherson.
Following the example of Merritt o.
Chance, foreman Of the grand iury.
who was cited in Police Court for de-
Ginning to complete his testimony be-
fore the trial board, Samuel p. Agnew
and Baxter M. Davidson, two other
members Of the July grand jury, refused
to testify when the trial reopened after
the Christmas recess. Agnew was i'm
mediately cited to appear in Police
Court tomorrow afternoon, when the
trial board will take steps similar to
those In the case of Chance in an effort
to compel him to testify. Davidson.
however, when warned that he also
would be cited, asked leave to confer
with counsel before making a final de-
cision and was excused, to be recalled
this afternoon.
Agnew's Refusal Is Setback.
Chance, cited in Police Court Mon
day, was ordered by Judge Gus A.
Schuldt to appear before the trial
board January and complete his
testimony. He has announced, how
ever, that despite the court order he
would refuse, thus facing possible con-
tempt proceedings, although the court
mas not indicated what procedure 1t
may follow.
Agnew,s defiance of the trial board
old not come as surprise, since he re-
refuSe to testify when recalled. The
board, however, appeared to be some
What set back by Davidson's refusal to
go on the witness stand.
shortly before the board recessed for
lunch, Robert I. Miller, attorney for
Davidson, submitted q report to Chair
man Atkins setting forth his clients
reason Tor refusing to testify.
Cites Oath as Reason.
The report said in part: "For more
than 800 years grand Jurors have sworn
TO Almighty God they would never re-
peat what they heard in the privacy Of
the grand jury chambers. No power on
earth can release them Of the obliga-
tion OF that solemn oath. BY reason Of
that oath cannot divulge to this board
the proceedings in the grand Jury room
curing the Mcpherson inquiry"
Miller said he would advise Atkins
tnat ne would be liable to a contempt
action II he attempted to force the wit
ness to violate his oath.
When Miller attempted to read the
statement to the board Prosecutor Rob-
cry 4. Lynch objected and Chairman
Atkins refused to permit the Statement
70 either be read or embodied as a part
OF the record Of the proceedings.
Davidson was then brought into the
room and notified to be in Police Court
tomorrow afternoon at 1880 O'Clock
the same time Agnew has been cited to
appear.
James C. Scott, another member Of
tne July grand jury, called by the
proSecuuon after Agnew and Davidson
refused to testify, showed no hesitancv
IN answering questions about proceed
ingS OF the grand jury investigating the
case.
Another member Of the july grand
Jury who testified in the Shelby-Kellv
trial is John p. Mcknight, who an
peared Saturday.
Scott corroborated substantially the
testimony OF Mcknight to the effect
tnat Shelby admitted before the grand
Jury that police had "bungled" the in
vestlgation of Mrs. McPherson's death
ana declared that the Washington DO
ice department was not equipped to in
Yestigate cases as well as some of the
European departments
Agnew Cited to Police Court.
When the trial was resumed at IN
o'clock, Agnew, who declined to testify
Saturday, was recalled by the prosecu-
t1on. Accompanied by Harry Whalen,
his attorney, Agnew faced the trial
board. Asked by Chairman Atkins 10
raise his right hand and be sworn, he
declined with an announcement that he
would refuse to testify.
+. Atkins warned Agnew that II he re-
FUSED to testify he would be cited in
Poilce Court. He again said he would
refuse to testify.
The board then cited him to appear
IN Police Court at l 80 o'clock tomor
row afternoon when the attention of
Lne court Will be invited to his action,
NO action was taken by the board
last week when Agnew declined to teg-
tIy because of doubt in his mind
whether he could be compelled to do 50.
He was excused to confer with counsel
before making final decision.
Davidson, another prosecution wit
ness, was next called, and he followed
AgnewiS policy. Atkins also warned
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