Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-30

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to testify. The witness replied in the
Affirmative.
Prosecutor Lynch then proceeded to
question Agnew about Inspector Shell
by's appearance before the July grand
jury and the witness confirmed SUBJ
stantially the testimony of two other
members Of the grand jury that the
police otncer had suggested that for
mer Policeman Allen and Mrs. HeaVrin
should be indicted for perjury.
Later, Lynch asked the witness If
Allen had testified that he had seen q
man come out of the rear window of
the Park Lane Apartment on the
morning Of the day that the garroted
body of Mrs. Mcpherson was found
and he said that Allen had.
Examination Brief.
The direct examination Of Agnew by
the prosecution was unusually brief
and he was turned over to the defense.
Henry I. Quinn, counsel for Inspector
Shelby, took up the examination by
questioning Agnew regarding Aliens
testimony before the grand jury. He
then asked the witness about certain
conflicting statements Mrs. Heavrin had
mace In her two appearances before
the grand jury.
Agnew found it dificult to give posi-
tive answers to all of the questions, ex-
planning that certain details were not
clear IN his mind. He did reveal, how
ever, that when Inspector Shelby made
the statement that Allen and Mrs.
Heavrin should be indicted, he was be-
ing questioned by the grand jury ct q
time when 1t was trying to establish
the truth or falsity of Aliens claim that
q af vas4,a
dow Of the Park Lane.
He said his belief was that Shelby and
Kelly were trying to give the grand jury
the impression that a man could not be
seen leaving the window of the McPher-
son apartment from the point described
by Allen.
Lynch asked the witness If he had
voted for the report condemning the
conduct Of the police off1cials, and was
promptly met with objections from
Quinn, O'Shea and Harry Whalen, the
latter representing Agnew. After some
discussion the board decided to let the
witness answer the question II he want
ed TO do 80. Agnew declined.
Voted for Suicide Verdict.
The assistant corporation counsel
then asked him II he had voted for q
suicide verdict. II don't mind answer.
ing that question" Agnew replied. II
did"
AS the witness started to leave he an
nounced that he wanted to maze q
statement.
"I want this board to understand"
he said, that my previous refusal TO
testify was based on my understanding,
gained In the South, that q grand juror
could not be compelled to violate his
oath not to reveal the proceedings in
the grand Jury room" Chairman Atkins
advised him that the Supreme Court
had ruled contrariwise.
When Davidson was called he refused
fiatly to testify or be sworn. Atkins
informed him he would report his re-
fusal to the Police Court for such
further action as the court sees fit to
take"
AS counsel and members Of the board
were trying to FIX O time to proceed
with the case in Police Court, Attorney
O'Shea announced that he and Quinn
were willing to waive their cross-exam.
ination Of Merritt o. Chance, who re-
fused to testify further several days
ago after he had finished his direct
testimony. and commence their de-
tense If the prosecution would end its
case without putting any more wit
nesSeS on the stand. O'Shea pointed
out that any testimony Chance, Bait
or Davidson might give would be en-
tirely accunulative.
Favored Proposal.
Prosecutor Lynch indicated that he
personally was In favor of accepting the
proposal, but said he would have to
take the matter up with his ONCE first.
Quinn then offered to put defense
character witnesses on the stand this
afternoon II Lynch would accept the
/ offer and end his case. Asked how
many character witnesses would be
called, he said, "about 30 for each
defendant"
At this point Chairman Atkins an
nounced an adjournment until o'clock
this Afternoon provided ''Mr Lynch OBJ
tains the approval Of his once to end
his case and so notifies defense counsel
by HAS o'clock" =
Tunes on New Paris Ties.