Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-01-02

following day when Inspector Shelby
again took the stand he reiterated his
doubt as to the possibility Of Aliens
claims.
Rage Not Indicated.
One of the strongest points in the
witness testimony was his account of
Inspector Shelby's manner in demand
ing the indictment for perjury of Mrs.
Heavrin and Allen. He said the inspec-
tor did raise his fist in making the re-
quest, but that this gesture did not in
dictate rage to him.
That remark only showed he was
human" Beatty said. 81 drew the same
conclusion myself before the case was
over
Beatty then described testimony given
by Policeman Laurence Bolts, Aliens
partner, that Shelby did not in any way
attempt to influence his testimony to
the grand jury
After stating that Allen was the first
witness to appear before the grand jury,
Beatty was asked to narrate the sub
stance Of his testimony. He repeated
Aliens story of seeing the man leave
the window. and then said the police
man went into some detail expounding
his murder theories.
Accused Officers.
"All the rest of his statement con-
sisted of charges against Shelby, Kelly
and Collins he said. He declared they
had made a mistake, and knowing this,
tried to thwart his investigation and to
prevent two facts in the Mcpherson
case from becoming known. He also
declared that police officials harbored
q grudge against him, and accused
Collins of removing from the depart
ment book on jiu- jitSu."
The witness then was asked to de-
scribe the scene in the grand jury room
when Robert A. Mcpherson was re-
Quired to demonstrate the possibility
that he could have thrown q dress over
his wife'S body as 1t lay on the floor of
the apartment. The first demonStra-
ton was made, he said, with piece of
newspaper Representing the body.
When this test failed to convince some
member of the jury, the assistant dis
trict attorney placed himself in q posi-
ton similar to that in which the body
was found and Mcpherson again threw
the dress. Beatty said some OF the
jurors still were not satisfied. but that
Mcpherson was so close to q break
down that further demonstrations were
not required of him.
Beatty Sprang surprise when he tes-
tilted that the entire grand jury gave
a rising vote Of thanks to Assistant Dis
trict Attorney Collins after 1t had
already been decided to issue the report
severely criticizing his activities and the
activities of Shelby and Kelly in con-
nection with the Mcpherson case. He
said that Foreman Chance walked over
to Collins and shook hands only q few
hours before the report was adopted.
Beatty denied Chance had ever sug-
gested to him that he was in favor OF
indicting Shelby and Kelly for perjury.
Woman Juror Protested.
The most sensational phase of his
testimony concerned the conduct Of GER
tain members of the grand jury imme-
diately after they had voted to indict
Mcpherson for the murder Of his wife.
He said that half dozen members, in
GLIDING men and women, gathered in q
corner and started to laugh and joke
among themselves while Collins was
drawing up the Indictment. This con-
duct, he said, so shocked one elderly
woman Of the jury that she tainted and
had to be revived with smelling salts.
He said she later made vigorous pro-
test to Foreman Chance.
An argument ensued between Quinn
and Lynch over the admiSSibility Of
this testimony, but the board supported
Quinn's contention that the charges
against Kelly and Shelby we're the di-
rect outgrowth Of the grand jury's re-
port, and that any testimony bearing on
the character Of the grand jury was
proper at the trial of the charges.
He said that Policeman Allen. by his
own request, was allowed to make q Sec
ond appearance before the jury. Allen
told them that he wanted to sum up
the case. He was permitted to do this,
Beatty said, despite the fact that Col
Inns warned the jury such a procedure
was illegal. Allen gave no additional
facts, he said, but simply reiterated his
charges against Shelby, Kelly and Col
Inns. Beatty said the witness closed his
testimony indicting his belief that Nc
Pherson was the murderer.
Beatty was asked If in his opinion
anything in Inspector Shelby's conduct
brought against him. Lynch objected
and Quinn withdrew the question.
Gave Only Facts.
Attorney James A. O'Shea, counsel
for Kelly, then began an examination
Of Beatty, and at the very outset drew
from him a statement that the depoSed
head of the Detective Bureaus homi-
eide squad gave the July grand jury q
clear, concise picture-story of the en-
tire Mcpherson case. He added that
Kelly gave the grand jury only facts
and at no time made an effort to sway
opinion toward a suicide theory.
Later, in response to a question by
O'Shea, Beatty said at one time when
Kelly appeared before the grand jury
Foreman Chance remarked: do we
have to listen to that long winded guy
AGAIN." Several times afterward, the
testimony to inquire whether 1t wa
relevant.
Beatty also said that Kelly made ,
decided impression on some Of tn
members Of the grand jury becaus
ne gave testimony for three or fou
hours without referring to notes anC
at the conclusion, one member Sug
gested that the detective write a book
Did you notice in the course 0
KeIly's statement anything which
showed he careelssly or negligentl
testifed?" O'Shea asked.
IT certainly did not" Beatty an
swered.
DO you recall what was said abou
Kelly removing evidence?" O'Shea thel
inquired.
Assumed Responsibility.
Assistant United States Attorne
Collins, believe" Beatty replied, las
sumed the responsibility for havin
given the order for the removal Q
the evidence"
Now, Mr.. Beatty, would you Sa
from your experience sitting as a juro
that you saw any reason to say tina
Lieut.. Kelly did or did not fail to caus
an eficient and businesslike investiga
tion?" O'Shea asked.
There was no. fact on which to bas
the charge" Beatty responded. II con
Sidered the whole charge an outrage.
Turned over to the prosecution 70
examination, Beatty, in response to
question by Walter L. Fowler, aSsistan
corporation counsel, said there wa
nothing in the conduct of either Shelb
or Kelly before the grand jury to justif
A4s rnnra tinnal rennrf AYcnriat ting fhas