Evening star., 1938-03-10
SECOND INQUEST
ORDERED |NFATAL
/. POLICE SHOOTING
Coroner's Jury Will Seek
to Learn if GunpIay
Was Justified.
BALLISTICS TESTIMONY
CLEARS OFFICER HENRY
Policeman Nally Is Revealed as
Firing Shot Killing
Colored Veteran.

SVASASN VIVA 0As
A second coroner's inquest will be
held tomorrow in an effort to de-
termine If Policeman John w. Nally
was justified in shooting Leroy Keys,
38. colored. after the demented World
War veteran, armed with butcher
knives, defled police to take him from
his home at 2470 Ontario road NV.
Tuesday morning, and finally set the
place on fire.
The first jury was discharged late
yesterday by Coroner A. Magruder
Macdonald after it considered the
case for almost three hours without
reaching an agreement. Earlier. Police
man Nally's co-defendant. Ofdcer
Robert M. Henry, was absolved by
ballistics testimony from Police 1t.
John Fowler to the effect that the fatal
bullet came from Mr.. Nally's gun.
It was disclosed that the insane
veteran, who had been a dementia
praecox patient at ST. Elizabeth's,
Mount Alto and Gallinger Hospitals
since his discharge from the service
in 1919, was under the delusion that
he was fighting Germans. instead OF
police officers, when he armed himself
with knives and carpenters tools and
resisted efforts to dislodge him from
the room In which he had locked
himself
Quizzed on Use Of Gas.
Police witnesses were interrogated
by the six-man jury as to why they
did not resort to tear gas to subdue
the veteran. Policeman Henry testi-
fed that while his police car was
equipped with tear gas. he knew little
about its use and believed it would
have been ineffective because Keys
had smashed the windows in his home
by hurting missiles at the officers
through them.
In addition, the policeman testified.
there were other occupants of the
house upstairs who were afraid to
come down while the siege was in
progress The officer thought the gas
might have done more harm than
good.
Wasn't that the same type OF gas
used in dispensing street mobs in the
open?" . juror was asked. The Wit
ness replied that he was mo expert
on the subject"
Tells Of Gas Training.
With regard to Policeman Henry's
testimony that he did not know much
about tear gas" Inspector l.. l. H. Ed
wards. assistant superintendent Of po-
lice. said today that virtually all off,
GERS taken on the force for the last
seven or eight years had received in
struction under the departments gas
expert, Capt. H. G. Callahan of No. l
precinct, former head Of the Police
School.
All scout cars are equipped with gas
grenades, Inspector Edwards said, but
various officers are assigned to the cars
from time to time and few of them,
he added, may not have received spe-
cial instruction.
Meanwhile. the failure of the police
men to try gas or fire hose in their
efforts to capture Keys alive was crit
icized by the Pleasant Plains Civic As
sociation in a letter to Police Chief
Ernest w. Brown. The use of guns
was described as "wanton slaughter"
by the association, which declared that
the facts in the case. under no cir
cumstances, warranted the shooting Of
the man."
Barred by Neighbor.
H. B. Jackson, colored, who, with
his i'll wife, occupied an apartment
above that Of Keys. said the demented
man came to his door early Tuesday
and tried to persuade him to let him
enter. Il wouldn't let him in," the
witness said. He was hiding butcher
knife behind his back and thought he
was fighting the Germans"
Keys then ran downstairs with the
knife and was seen leaving the build
ing by Policeman Henry and another
officer. It was testified the first two
officers and the reserves sent for later
tried every means to persuade Keys to
come from the room. They sent for an
ambulance physician, for members of
Keys family and consulted by tele-
phone with Keys former employer and
his doctor.
Meanwhile, Keys threw carpenters
tools through the windows and slashed
at the officers when they drew near.
Policemen and several civilian wit
nesses testified the officers did not
begin to shoot until Keys set fire to
the curtains in his room. The blaze
spread to an overstuffed chair and
rug.
Shot to Scare Keys.
Both Officers Henry and Nally told
the jury they shot to scare Keys out"
rather than to hit him. Policeman
Nally said he could not see Keys for
the smoke when he fired into the room,
although one Of the bullets penetrated
Keys heart.
Police Chief Brown and several
inspectors and captains attended the
inquest after the District Com
missioners expressed interest in the
case and intimated they might
ask for q special report on whether
or not the Officers used good judge
ment when they shot keys.
Omcers Henry and Nally testified
they were convinced that occupants
Of the upper floors of the building
were in danger from the flames when
they fired into the burning room.
Policeman Nally, 29-year-old former
athlete at Catholic University, is the