Evening star., 1947-05-28
Judge and Jury
To Visit Scene
Of Kelly Murder
Gruy Says Harris
Beat Him and Took
Pistol From House

jurors before whom three colored
men are being tried on charges OF
first-degree murder in the Staying
OF Frank G. Kelly last March II, and
opposing counsel this afternoon were
to visit the place where Mr.. Kelly
was found shot to death. They
were due to leave District Court by
bus at las pm.
Joe M. Gray. 10, one OF the three
defendants, took the stand In his
own defense today. The other de-
PENDANTS are Shirley Harris. %. and
Herbert H. Hall. Is. The Govern
ment charges that Harris was the
one who actually fired the shot in an
attempted holdup of Mr., Kelly at
Eleventh street near Euclid street
NV.
Gray testified that although he
was at the scene, he started running
as soon as Harris bumped into MIR.
Kelly. who had just left a meeting
at Central High School.
Tells Of Beating by Harris.
The defendant said he was under
the influence of Harris, who had
beaten him. He said the pistol
which the Government charges
was used in the shooting had been
In his possession on March II, but
that Harris came to his house at
about Z pm, demanded the weapon
and hit him in the stomach a couple
OF times to make him give it up.
Gray testified he accompanied
Harris because he feared Harris
would beat him If he did not,
Gray admitted today he was on
probation when the fatal shooting
occurred. Assistant United States
Attorney Edward Molenof brought
out on cross-examination that GRAY
was sentenced in District Court last
January to one to three years for
housebreaking, but was placed on
probation. Gray admitted when
questioned by police he said nothing
about Harris beating him or other
matters to which he testified today.
Harris lawyer, Robert I. Miller,
brought out Gray told police he
knew nothing about the case.
Gray said the pistol had been
given him by Preston Barnes, coll
ored, to keep for him.
Detective Sergeant Testifies.
Detective Sergt. Harold c. Huff
man of the homicide squad testified
he talked to Gray March Is and the
defendant then told him Harris had
threatened to whip him.
Barnes also took the witness stand
and said Harris had told him he
would take the pistol from Gray by
force, If necessary. Barnes main
tanned the weapon belonged to
Gray, Harris and Barnes. Gray's
lawyer, Wesley S. Williams, drew
from Barnes statement the wit.
ness 'hat1 the say about the gun.
Harris was undergoing cross-ex-
animation by Mr.. Molenof when
court recessed yesterday afternoon.
He was the first defense witness,
after the Government had rested
its case.
Claims Ignorance of Staying.
The defendant remained steadfast
in his profession of ignorance of the
Staying. He declared he had been
subjected to long questioning by
various detectives after his arrest,
had been struck, had been denied
food and had signed detailed
statement Of participation in the
crime only through fear.
The Government earlier had
placed the statement In evidence.
In 1t, Harris related a revolver he
was using In holdup attempt was
discharged. fatally wounding the So
year-old employe of the United
States District Engineers Office.
On the stand, Harris repudiated
the statement completely His lawyer
asked him If he had taken part in
the crime.
II don't know anything about It,"
he replied.
why did you sign the confess
sion?" Mr.. Miller inquired.
Fearful, He Testifies.
81 had fear" the witness ex-
planned. II didn't know whether
they'd go to the extreme or not"
He stated seven or eight" detec-
tives had been questioning him
throughout the day, singly and In
pairs. At one point, Harris claimed,
he was knocked from his chair by
a detective who struck him In the
nose.
What I should do is kill you," he
quoted the detective as saying. I've
killed lots of Negroes like you. It
wouldn't make no difference. You're
no good to the community"
Harris told the jury he never had
in his possession the revolver the
Government contends he used TO
shoot Mr., Kelly.
Defense Motions Denied.
An assortment of defense motions
were made before Justice Alexander
Holtzod after the Government
rested. They asked that a mistrial
be declared, that the jury be with
drawn, that Hall and Gray be
granted separate trials and that the
first count of the indictment, charr-
ing homicide committed in an at
tempt to perpetrate robbery, be
quashed..
The other count charges all three
with premeditated murder.
In denying all defense motions.
Justice Holtzof made plain the fury
would be given a choice only OF
conviction of flrst-degree murder or
acquittal.