Evening star. [volume] (Washington, D.C.) 1854-1972, 1935-09-23
MARINE CLEARED
|NFATAL SHOOTING
Coroner's Jury Holds Guard
at Bellevue Used Gun
in Line of Duty.

A coroner's jury this afternoon de-
clared Marine Corps Pvt. John F.
Whitmore used his pistol in perform
ance of duty Saturday, when he shot
and killed John Donald Mofiarty, Is,
while the latter was seated in an au-
tomobile inside the entrance gate to
the Bellevue Magazine.
This decision exonerates Whitmore
in so far as civil authorities are con-
cerned.
Whitmore and two sailors, who we're
with him at the time of the shooting,
were scheduled to face a naval court
of inquiry this afternoon appointed
by Rear Admiral Joseph R. Defrees,
commandant of the navy yard. The
sailors are r. F. Burton and R. Bak-
ken, flrSt-claSs radiomen, stationed on
duty at Bellevue.
Gun Used in Line Of Duty.
The jury held the gun was used by
Whitmore ''in the performance of his
duties according to regulations issued
by the commandant of his post and
approved by the Secretary of the
Navy"
Lieut.. George C. Wright, officer Of
the day at the magazine when the
shooting took place, testified on the
stand that Whitmore had told him
that he had started to hit Moriarty
on the head with his pistol when some
one hit his arm and the gun was
accidentally fired.
Whitmore did not take the stand.
Lieut.. Wright was questioned during
the inquest as to the orders under
which Whitmore was working and
also under what conditions he would
have right to fire a gun.
The officer said orders required
persons in automobiles to have Belle
vue identification tags and gave the
right to guard to make an arrest
If necessary. The regulations also
permit, Wright said, the firing of a
pistol in self-defense, to prevent the
escape Of prisoner or where a per-
son has committed a felony.
George Holroyd, 633 Eighth street
northeast, civilian worker at Bellevue,
told on the stand of riding on the
running board of Moriarty's machine
to the gate.
Holroyd Tells Of Shooting.
Holroyd said Whitmore had opened
the second section of a double gate
sufficiently to permit the automobile
to pass and then went over to the
car to question Moriarty. 1t was shortly
after this that the shooting occurred.
Burton told of being at the gate.
Bakken, the other sailor. said he was
unable to remember anything.
Comdr. Francis H. Webster, Medical
Corps, U. S. NJ, said that upon exam
lining Burton and Bakken he found
them under the influence of liquor suf-
flciently to make them unfit for duty.
Deputy Coroner Christopher J..
Murphy testified that an autopsy per-
formed on Moriarty had showed his
blood contained only two-tenths of l
per cent of alcohol. DR.. Murphy
stated it took 2 per cent alcohol In
the blood to make 6 man drunk.
Prior to the inquest, L. c. McNemar,
an attorney in the office Of the Judge
advocate general, who said he had
been sent to represent Whitmore by
the Secretary of the Navy, told Cor
oner A. Magruder Macdonald the case
was strictly military and that civil
authorities had no jurisdiction. DR..
Macdonald commended, however, that
civil authorities do have jurisdiction.
Assistant District Attorney Samuel
Baech likewise expressed the view that
civil authorities had jurisdiction.
Beach said that in the event Whit
more were held and then indicted by
o grand jury, 1t might become neces-
sary to issue o writ Of mandamus to
have him turned over to civil authori-
ties for trial.