Evening star., 1947-05-22
III. 5. Seeks Admission
|0f Second Confession
In Kelly Staying Trial

The Government was seeking To-
day to place in evidence the second
of three signed statements by the
men on trial in District Court for
the murder of Frank G. Kelly last
March II.
The first statement, that of Joe
M. Gray, 10, was admitted yesterday
| by Justice Alexander Holtzon de-
spite defense efforts to convince the
court it was obtained by force.
Gray, Shirley Harris, 23, and Her
bert H. Hall, 18, all colored, are
charged with first-degree murder in
the shooting of the 56-year-old en-
ploye of the United States district
engineers Office in the 2500 block
of Eleventh street NV.
1t was Halls statement the prose-
cution was trying to place in evi-
dence today. The effort was being
opposed by the defendants attor-
ney, Curtis P. Mitchell.
Hall Says He Was Beaten.
Mr.. Mitchell called Hall to the
stand. The defendant declared he
had signed the statement only after
being punched in the stomach and
cuffed about the face repeatedly by
two detectives. He said he was
promised he would be released If he
signed the paper.
Under questioning by his attor-
ney, Hall said he was told he would
not be given food until he signed.
He also asserted the statement was
already prepared when offered for
signature and was not dictated by
him.
"They said If I didn't sign 1t I
was going back in the little room
again." Hall said.
Police Take Stand.
/ Assistant United States Attorney
Edward Molenof placed on the
istand succession of police wit
nesses who testified Hall was not
subjected to any threats, force or
coercion while at the twelfth pre-
cinct after his arrest or during his
questioning at headquarters.
When Mr.. Mitchell brought out on
cross-examination that prisoners at
the 18th precinct on Sundays Gus
tomarily were not given their first
meal until pm, Justice Holtzoff
commented:
IT think this condition Is subject
to criticism"
It was explained conmissary en-
ployes usually did not reach the 18th
precinct on their Sunday rounds
until that time. Headquarters de-
tectives later testified food was OBJ
tanned for Hall that day between 10
and II am. at headquarters.
Gray's Argument Rejected.
When two witnesses had testified
they had not themselves seen the
defendant offered the food, Justice
Holtzoff suggested the Government
should present evidence on this
point If it could.
After the courts ruling on ad-
instability of the Hall statement,
Robert I. Miller, attorney for Harris,
was expected to oppose admission
OF q statement made by his client.
| After listening to testimony from
Gray yesterday about the treatment
he had received, as well as argu-
ments by the prosecution, Justice
Holtzoff observed that Gray's state
ments were contradicted by physical
facts and that the confession was
eligible as evidence.
Defense counsel brought Hall to
the stand in Gray's behalf to testify
that Gray pointed out to Hall while
they were riding in patrol wagon
that there was blood on the right
side of Gray's head above the ear
where he was beaten.
To combat Gray's claim OF third
degree police methods, the Govern
ment placed on the witness stand
Donald Dallam, custodial officer at
District Jail; Detective Sergt. George
w. Cook of the homicide squad and
Pvt. Alpheous B. Masters. Bureau of
Identification, Police Department.,
who took photographs of the three
men.