Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-26
Holds Record Criticizing Him
in Mcpherson Case Was
Not Judicial Matter.
SAYS COURT SERVED
ONLY AS MESSENGER
Retiring Police Official Declares
Grand Jury Exceeded Rights in
Assailing Him and Kelly.

William s. Shelby. assistant superin-
tendent OF police. asked the District
Supreme Court today to expunge from
its records a special report of the grand
jury MADE December 80 1929.
The report charged Shelby and Capt.
Edward j. Kelly. now assistant chief
Of detectives, with handling the cir
cumstanceS surrounding the death of
Mrs. Virginia Mcpherson in most
inefficient and unbusinesslike manner,
and with misleading the grand Jury
regarding certain facts and with in
dicating to certain witnesses what they
were to testify and what they we're to
forget"
Through Attorney Henry l. Quinn, the
court Is told that the grand jury ex-
ceeded its legal functions in making the
report, which did not involve any ju-
dicial proceeding, and only asked the
court to act as messenger to trans
NIT to the District Commissioners the
report and its recommendations. He
claims there was no truth In the
charges as was shown by his subse-
quent exoneration by q special trial
board.
Would Perpetuate Libel"
The keeping of the report on file
dalous and libelous charges. while the
verdict generating him is filed in an
other tribunal
Shelby'S petition reads:
That on the 30th day of September
1929, the July grand jury. having found
an indictment against Robert A. NC
Pherson. adopted certain resolutions
which are set forth in its report filed
in this court on that date.
not IN, cotI eli kAvr
foreman of the said grand jury. one
Merritt o. Chance, it was charged that
the investigation into the conditions
surrounding the death of Virginia Nc
Pherson was handled in a most inef-
ficient and unbusinesslike manner by
those in charge of the Detective Bureau.
and that the petitioner and Lieut.. Ed
ward Kelly did attempt, while under
oath, to miSlead the grand Jury regard
ing certain facts. and had indicated to
certain witnesses Is to what they should
testify and as to what they should for
get.
Was Not Part Of PrOcecdings,
THAT the said report was not a pre-
sentiment or indictment, and was not
filed by said grand jury for the purpose
of involving any judicial action In this
court, and was no part OF any Judicial
proceeding herein. The only action
asked of this court by the grand jury
was that the court should act as its
messenger in transmitting to the Com
missioners of the District of Columbia
the said report and its recommendation.
Petitioner further says that the
charges contained in the report Of the
July grand jury we're absolutely false
and without foundation in fact, as was
conclusively shown in the hearing be-
fore the special trial board appointed
to try petitioner and Lieut.. Kelly on
charges contained in the report.
That the said Trial Board completely
exonerated petitioner and Lieut.. Kelly.
Petitioner further says that the said
grand jury was without right to file
such a report, where no indictment OF
the petitioner was contemplated or
sought, and this court should have re-
fused to accept it, or permitted it to be
filed as a record of the court. To per-
NIT such a report to remain among the
records of the court would perpetuate
therein scandalous and libelous charges
contained in the report while the YER
dict generating petitioner Of the
charges is filed in another tribunal"
Shelby asks an order striking the re-
port from the files of the court and or
dering its physical destruction, and the
erasure of all minute entries therein,
including its entry in the minutes OF