Evening star., 1931-12-12
NEW Jury SOUGHT
TO PROBE DEATH Of
D. c. MAN FROM GAS
Brother -in-LaW Demands Re-
hearing of Suicide Verdict
in H. D. kizer Inquest.
DECLARES INVESTIGATION
RESULT INCONCEIVABLE
Coroner to Decide Later Today
Whether to Reopen Inquiry
Into Auditors Case.

dict in the death of his brother -in-law.
William o. Tufts demanded today that
another jury be sworn in over the body
of the dead man, Harry D. Kizer, So,
who died at Emergency Hospital Thurs
day Of pneumonia developing after he
had been overcome by carbon monoxide
gas.
In a letter to The Star. Mr.. Tufts,
who lives at 1885 Madison street,
severely criticized the jury which
rendered the suicide verdict yesterday,
following an inquest in the District
Morgue
The epistle elaborated on a statement
made to the jurors after they had an
nounced their decision. At that time.
Mr.. Tufts objected TO the verdict and
asked the jury to reconsider the case.
Stuck to Decision.
With the permission of Coroner
Joseph D. Rogers, the jurors reheard
a portion Of the testimony, but after
Is or 20 minutes additional delibera-
ton, announced they would stand by
their original decision,
DR.. Rogers said he would consider
Mr.. Tufts request for another inquest
and announce his decision this after
noon.
Mr.. Tufts said the body is being kept
in a vault awaiting the swearing-in of
the new jury.
Mr.. Kizer, a War Department audi
tor, was overcome Sunday in the base
ment garage of his home at STOP Colo
raoo avenue. His wife dragged him
from the garage and summoned the
rescue squad. He was taken to the
hospital, where pneumonia developed
the following day.
Mr. Tufts letter follows:
Mr.. Tufts Letter.
editor OF, The Evening Star,
Dear Sir:
Il am quoted in your paper CT last
night as protesting against the verdict
of a coroner's jury. May l further
emphasize this protest by stating that
no intelligent citizen could possibly
have brought in verdict of suicide in
the case Of Mr.. Harry D. KiZer. 1t
is a sad and pitiful comment on the
kind of men who serve in these cases
to realize that vital facts were entirely
disregarded. 1t seems that the jury
went out Of its way to place the stigma
of suicide upon a dead mans name
The vital facts that could not be eX-
planned on the theory of suicide were
entirely thrcwn aside.
II make this statement frankly and
without hesitation. The family physi
clan and the specialist who attended
Mr. Ki2er at Emergency Hospital do not
believe there was a possibility Of suicide
in this case. The friends who have
known him for many years in Wash
tnRton refuse utterly to believe 1t.
There Is no conceiYabletmotive that can
be found for such an act. He was in
moderate circumstances, but did not
carry enough life insurance to make
such an act benefit to his family.
He had an ideally happy home life and
enjoyed his work. He had everything
70 live for. He had a quiet but happy
and sunny disposition. The whole sit
uation makes the verdict Of suicide in
conceivable, except in the minds Of
these jurymen, who apparently desired
10 make some one suffer.
III the cause Of justice were TO be
served or some criminal vas likely TO
be freed by different verdict, the ac-
ton might be understood. In this case
only the good name Of tho family was
az stake. Is it true that a coroners jury
Is relic Of barbarian?
Circumstances of Case.
The circumstances arc briefly as
follows. AT. KizsY had been suffering
from digestive trouble for some time.
had been CIT 0! O12ce for three days.
During This peE.oc his g1fe and ply
sician had n3IaGec Z tendency 70 react
sloEiY. Sc oe zigse-g-n11csd a. times.
Sunday. Dsee.Deg & ne t-ok mis- wife
70 church a. - an tFen drove his
car 70 me 55tg9Slc4&nE sEace 70 obtain
trsst-ez, eCs Ts1S stomach the doctor
reports ELzr S-S zeel3aY pe;Eer that day
and ~ planning Z sagrE criye through
the psyK n I.ae way home When Mrs.
K.zeE returned from church the house
was fDl q s9g5 gss EEd she discov-
cred heT D1slsssc ElgEUped al the back
end q tie basement garage, with the
engine TELL1szg, Ee lz6 heavy bruiSe
on nlE fezc ZIG the whole back end
Of both EbCeG Esge Ecuffed and
scrubbed into the leather by rubbing
on the C-ncrete foCT Ste burst the
door open, smut Of the motor called
the fire rescue squad and the Emer-
gency ambulance He was nearly dead.
but survived until Thursday am, De-
cember 10, never regaininG conscious
ness
The fact difficult to explain is that
the alley door Of the garage was found
locked with a paddock on the outside.
This is the only way it can be locked.
On the other hand no possible theory Of
suicide can account for the bruise on
his head, which was severe enough to
require E-ray examination And if a
man desired to commit suicide there are
numerous easy ways more simple and
comfortable than TO throw himself on
a concrete floor with sufficient violence
TO stun himself, while waiting for
axphyMation.
Theory of Friends.
The explanation which meets all
these difficulties is that advanced by his
friends, as follows: Upon returning to
his basement garage at home he was
feeling i'll and forgot TO shut off the
motor when he drove into the garage
Following his usual custom, he went out
into the alley and locked the door or
the outside. He then entered tie hous;
through the back door and sat down tc
rest. He still had his cap and coat or
when found. He then realized the en-.
Rine was running, either by sound ol
smell. and went down through the eel
lar to the inside garage entrance Il
shut it of He then either had an at
tack OF dizziness and fell or the ga
was sufficiently strong to induce the
collapse. Still struggling, he scrubbed
his way across the floor toward the dool
too late.
This accounts for the bruiSe and tn
condition Of his shoes, also the doc
being locked on the outside. 1t is tn
only tenable theory and has no intima
tion Of suicide, only most deplorabl
accident.
These facts and theories were pre-
sented to the jury as effectively as pos
sible. Mrs. Kizer was unable to
present and testify owing to illness.
is to be hoped that this most outrageou
verdict Of suicide will be corrected b
the coroner's Office next week
Very sincerely yours,
(Signed J WILLIAM Q. TUFTS"