Evening star., 1955-07-08
Policeman Held
For Dc. Jury in
F FataI Shooting
Coroner's Panel
Orders Action
After 6-Hour Quiz

A coroner's jury has ordered
second precinct police private
Ito face grand jury action In
the fatal shooting of a truck
driver.
The jury yesterday sent the
ease of Pvt. James E. Barnes. 80,
Ito the higher jury after a lengthy
Inquest into the shooting Of Mel
tson Eugene Marshall, 80. col
|ored, Of 1900 Fifty-eighth ave-
Inue, Chapel Oaks. Md.
4 The policeman was released
under $500 bond. Hours be-
fore the coroner's jury made its
decision, Police Chief Robert v.
Murray had asked United States
Attorney Leo A. Rover to present
the case to the grand jury.
/ IA Witnesses Heard
/ The coroner heard IA wit
Inesses during the six-hour in
Quest in sitting heat at the
District Morgue
The shooting occurred during
wednesdays evening rush houl
lin the first block of Florida ave-
nue. NV.
Capt. Alexander s. Douglass
head of the second precinct
where Pvt. Barnes was assigned
said the private told him this
story during an investigation
Immediately after the shooting
/ While the policeman was di-
Irecting traffic at First street and
FLORIDA avenue NV. at 5 pm.
Ia truck blew its horn at a taxi
|cab which had pulled to the
curb. Pvt. Barnes told the. driver
Ito pull around the cab. The
driver did, after shouting an
|epithet at the policeman. Pvt
Barnes got into another taxicat
and followed.
When Mr.. Marshall again was
halted by traffic a short distance
away, the policeman left the cab
approached the truck from the
helpers side, and told the driver
Let me see your operators
permit"
4 Mr.. Marshall replied, accord
ling to Pvt. Barnes story to his
tsuperiors:
What do you want that for?
I'm not going to show it to you. y
i Pvt. Barnes walked around the
front of the truck. AS he walked
past the fender, Mr.. Marshall
opened the door and stepped
onto the running board. The
policeman told his superiors he
Thought there was going to be
a fight, and so had his night
stick in his hand.
Grabbed Nightstick
! Capt. Douglass testified tina,
Pvt. Barnes told him the truck
driver grabbed the nightstick
and swung once, but missed
When he raised the billy to swing
again, Pvt. Barnes pulled his
service revolver and fired twice
Then the private reloaded his
pistol and put the two empty
shell castings in a pocket.
Edward Fitten, colored, of 30s
1U street. Mr.. Marshall's helper
ion the truck said he and Mr..
Marshall had made their final
stop of the day at Twenty-first
and K streets NV. and were on
their way to the Safeway ware
house on Sheriff road NE.
| A few seconds after their truck
was stopped by the cab at the
tcurb on Florida avenue, he said,
The heard loud voice say:
| Cant you 60 around that
tcab?" @
| He said Mr.. Marshall answered
THAT he wanted to make a right
turn, and that if he pulled
around the cab. he would be in
the wrong lane. But the driver
did pull around the taxicab, Mr..
Fitten said, and as he did so,
laughed loudly.
| When they were again stopped
by traffic a short distance away,
Mr.. Fitten continued, the police
imam approached on his side of
the cab. opened the door. and
said to the driver:
Give me your permit"
Mr.. Marshall, Mr.. Fitten testi-
fled. asked:
What for?"
The policeman closed the door
and walked around the front
of the truck, pulled open the
door on the drivers side and
got onto the running board and
spoke to the driver again.
| Started to Swing
AS he did, the witness said,
he raised his nightstick and
started to swing it toward Mr..
Marshall'S head. The driver
grabbed the nightstick, Mr..
Fitten said, and the policeman,
in turn, grasped Mr.. Marshall's
shirt.
The policeman then pulled his
revolver, Mr.. Fitten said. and
the helper leaped out of the
truck and fled. AS he ran away,
he said, he heard two shots.
! Margaret M. Holmes, COL
ored, of 1855 H street Sc. told
the jury she and her husband, a
Icab driver. stopped behind the
Ifr1tck on Florida ovoyaIyo