Evening Star Newspaper, November 24, 1929, Page 11

SHELBY AND KELLY WAY GET REQUEST czziz Demand for Public Trial Is -Expected to Be Granted ! by City Heads. (Continued From First ) , in charge of the traffic bureau, is Ehe other assistant superintendent. It ld be impossible under existing el tances to nize a trial board of es police officials of equal or su- pe rank to Shelby. The Commis- sioners could sit as a trial board or create a special board as was done in theicase of Guy E. Burlingame, retired commander of the second precinct. Kelly, however, could be tried by & N‘ghfly constituted police trisl board | sinde ifs members are usually drawn from the ranks of the captains while the chairman is an inspector, one rank higher. ere is a probability that both officers would be tried by the same triunal, but the Commissioners are understood not to look with favor upon such a procedure, particularly because it 18 without precedent. i Plans Are Complicated. The demands of Shelby and Kelly for & public trial came unexpectedly, and complicated somewhat the &!I!\! of ration Counsel William W. Bride and Maj. Donald A. Davidson, Assistant Engineer Commissioner, to resume their nded investigation of the grand jury's charges against the two officers. Bride and Davidson were appointed by the' Commissioners early in October to itute a special board to inquire intd the charges, but when the probe developed into a flasco through the faflure of the majority of the members of grand jury to respond to an in- vitation to testify, it was halted at the direction of the Commissioners for fear | of prejudicing the McPherson case in the’ courts. Hride and Davison conferred for 45 minytes yesterday over plans for pro- g with the investigation, but reaghed no definite conclusion. Another meéting will be held for this purpose srrow morning, it was announced. 1s expected, however, that the in- vestigating board will take a new course o{' action, since it is obvious to }buoth Bride and Davison that it be futile to again seek testimonv frofn members of the grand jury which criticized Shelby and Kelly. Only 5 of fhe 23 grand jurors responded to the 's original invitation to testify. is understood that the board has in midd asking the Department of Justice forithe voluminofis report on its investi- gation of the McPherson case. The testimony of the witnesses who appeared | Sep! be! the bureau investigators, it was said, would disclose whether there was any basis for the grand jury's charges. & Each Seeks Trial. h Shelby and Kelly asked to be to trial on the general charges ber 30 of this year the grand jury drawn for the July term, in and for the District of Colum- bia, in an indictment against made a report the Supreme Court of the District of | Columbia as follows: Grand Jury's Charge. “‘Resolved, That the grand jury re- quests this honorable court to transmit to the major and superintendent of po- lice and the Commissioners of the Dis- triet of Columbia its recommendation that 1 Shelby and Kelly be re- ll"g. duties in connection with the Detective. Bureau until their activi- ties in this case have been investigrted by the proper tribunal to determine what, if any, disciplinary action should be taken.’ “In another section of this same re- port. the grand jury stated that ‘permis- sion' was given by Lieut. Kelly in charge of the Homicide wu for the removal or destruction of certain evidence be- fore it was possible to have completed & thorough investigation. ‘After the publication of this report in the newspapers, your esteemed body relieved Lieut. Kelly of his duties as head of the Homicide Bureau and ap. pointed a special committee to look into the matter criticized by the July grand jury. Counsel for Edward J. Kelly ap- peared before this special committee and requested an immediate trial on the alleged charges. “Another grand jury on yesterday, November 21, 1929, after an investiga- tion under the guidance of John E. Laskey, formerly district attorney in and for the District of Columbia, re- turned an ignoramus in the case of Robert McPherson, and he was released from custody on a murder eharge. Kelly's Career Is Cited. “The time now has come when Lieut. Edward J. Kelly, through me as his legal representative and attorney, insists that | he be given an immediate hearing be fore a pi r tribunal, so that his activi ties in s McPherson case may be investigated. “May I remind you of the long and honorable career of Edward J. Kelly. He was appointed a private on the Metropolitan Police Force October 3, 1906, and was stationed at No. 6 precinct for about five years. He then was de- tailed to police he uarters and made an_ acting_sergeant charge of the Detective Bureau from 4 o'clock in the afternoon untfl 12 at night. He was made & full detective sergeant in 1915 and from then until 1928 was engaged ctively as & detective sergeant at police headquarters, In January, 1928, he was named as acting lieutenant and on March 15, 1020, was de a lieuten- ant of the Metropolitan Police Force. From July 1, 1927, until his removal, on tember 30, 1929, he was in charge of the homicide bureau at police head- quarters. “During his 23 years of service he in- vestigated all kinds, all classés and all crimes. During & period of 23 yeais Lieut. Kelly was never charged or brought before the Police Trial Board | against Assistant Superintendent wil- body, without & hearing, without giving Doy an opportunity to-be Beard fn his own defense, transferred him to an- other post of duty, leaving the possible thought that there might be some pos- sible justification for the criticlsm of his “activities” in the uePhgzm case. “What Mr. Kelly deman is the right of every American citisen of see- ing, hearing and cross-examining his accusers. This right is guaran by the Constitution of the States. Criticism behind closed doors in a star chamber proceeding has never been a wved by a free people. Hys- “teria sl not take away the hon- orable and distinguished career of such a policeman as Edward J. Kelly. “Mr. Kelly insists that this criticism of his activities in the McPherson case, contained under the guise end cloak of a grand jury report, be brought into the open, 80 that he may be exonorated. Let his accusers, if there be any, face him. Let the people responsible for this report come before a proper tri- bunal and face him. Let Lieut. Edward J. Kelly's distinguished career be not blighted by this unwarranted and un- called-for report. “A prompt response to this letter is most. respectfully asked of you, his su- periors.” . Shelby's Demand for Trial. Following 1s the text of Shelby's de- mand for a public trial which was signed by both of his attorneys: “On October 4, 1929, we appeared be- fore the special board appointed by you to investigate the grand jury charges liam S, Shelby, and demanded that for- mal charges be drawn against our client and a trial board be convened at the earliest possible date to hear these charges. We requested and urged that this be done, even though witnesses should fail to appear, and the evidence gathered by the investigating board might seem trivial and unconvincing. The fallure of the members of the grand jury to appear before the inves- tigating board would seem to make it impossible to draw specifications show- ing the precise acts which formed the bases of these charges. We are, how- ever, anxious to have a public hearing on these charges, and in order to bring this about, we express to you now the | willingness of Mr. Shelby to go to trial tpon the general charges made by the grand jury without requiring speci- fications in support thereof. ‘Wants Accusers Summoned. “The present grand jury has exon- erated Robert A. McPherson. The view seems to be prevailing that this action of the grand jury should be suficient justification for putting en end to all Pproceedings looking to & hearing of the charges against Mr. Shelby. We do not share this view. Justice to him uires that the charges be publicly tried be- fore a tribunal clothed with the power of compelling the attendance of wit- nesses, especially those who are his ac- cusers. In this way and this way ak ean these verv serious charges be es- tablished to the satisfaction of all as absolutely aroundless. “A quarter of a centurv of faithful service in the Police Department of the Distriet of Columbia has earned for him the right to have not onlv his su- periors, but the public generslly. know that he has done nothing to forfeit the hieh esteem of those whom he has so faithfully served.” YALE TURNED BACK BY HARVARD, 10-6; BOOTH INEFFECTIVE (Continued From First Page.) to be had in a strictly defensive battle. From the moment he came in, ard, instead of Yale, seemed inspired. It was a clean-cut triumph for the Crimson over its ancient foe, with the Harvard sophomore fleld general, Barry ‘Wood, outshining his more famous rival, Booth, and the L forwards more than holding their own against the great Blue line. Harvard held tena ciously, - with magnificent fighting spirit, to its slim lead throughout the second hdlf. At least three times Yale threatened to put over the touchdown that would give the Elis the lead, penetrating once to the Crimson 18-yard line, a sustained drive of 60 yards, but these Harvard forwards were not to be battered down. Led by Ben Ticknor, who played a brilliant game at center, and flanked by two. sensational ends in Jim Doug- las and Dick O'Connell, the Harvard line displayed aggressiveness, courage and stamina sufficient to meet every emergency. In the final analysis, it was distinetly a triumph for this Crim- son line, alert to seize every advantage. Booth, who played throughout the second and third periods, made his last desperate effort to rally the Blue late in the third quarter, bug it was through the air, rather than in his customary whirling, zig-zag fashion that Beoth en- gineered the last big Eli threat. ©On a series of well executed forwards, tossed by Taylor as well as Booth, Yale swept from around its own 20-yard mark to Har 's 18-yard line. Booth darted off tackle for a vard, but was thrown for a loss on the next play. Twice he tried the ends, but he was smothered each time and Harvard, to an accompanyving roar from its parti- sans. took the ball on downs. ‘Twice later Yale got inside Harvard's 35-! line, but lacked the punch to penetrate the scrappy Harvard defense. Booth was taken out early in the final quarter, replaced by Don McLennan, but there was not much menace left in the Eli attack. Although “breaks” plaved a con- spicuous part in the fray, played on a half-frozen gridiron with snow scraped off and banked at either end of the fleld, Harvard gave a convincing 'exhlblflon of both offense and de- fense. ‘The Elis were favorites, but their attack lacked the finishing punch, especially with Booth unable to get away. he nearest Alble came to being shaken loose was at the outset of the third quarter, when he took Ben Tick- nor's kick-off, fumbled the ball at first, dodged hither and yon, and finally dashed for the side lines. He was al- most in the clear after eovennlh 25 yards, but was collared from behind and thrown to the ind. On no other to travel more than six or seven yards before being tackled, s> closely did the Crimson defense watch him, There was not much to choose be tween the teams, so far as the figures showed. 'h registered nine first downs. The Elis held a slight margin at rushing and an edge in the forward passing, but it was unproductive. ‘Was Alble able |1 NOVEMBER 24, CAPPER URGES CITY; Greatest Enemy of Crusade! Is Indifference, Kansan Tells Women. (Continued From Pirst Page.) ' tive body in those stirring times, was meeting in Philadeiphia, the cit] been evacuated by the N Upon the worried, wearied fathers of our government, the hungry soldiers vented their pent-up wrath in hostile demonstrations. Congress Asks Protection. “The Congress was affronted. It called upon the city and State to insure from future intimidation. guarantees were not forthcom- ing, and the Congress, in deep humilia- tion and chagrin, moved to Princeton, N. J. “The Philadelphia mutiny left a deep and burning impression upon the minds of that . The records of the time contain innumerable references to the need for the protection of the na. tional legislature. Speeches for several years after the occurrence teem with admonitions to Congress that it make itself secure from further molestations. “This attitude was prevalent when the framers of the Constitution met and incorporated into that great im- mortal document & clause relating to the establishment of a seat of national government, expressly providing that Congress should have exclusive juris- diction over the Federal district. “Of course, there were & number of considerations involved in the investi- ture of Congress with these powers; one, cited by Madison in the Federalist, be- ing that the Federal Government should be absolutely independent of the State or territory in which the Federal city would be situated. “Now, there is no intention on the part of any of us to contend that Cong- ress should not maintain and exercise this right of exclusive jurisdiction. But 1t 18 usetul to discover how considerably the state of mind evoked by the Phila- delphia mutiny influenced Congress to assure itself of independence and pro- tection by that potent clause. “It is well that all the people should know that Congress has had complete authority over the District since De- cember, 1800, when Washington for- mally became the home of the national legislature. The last presidential elec- tion in which the residents of the Dis- trict as such, voted, was in November. 800—and the voters cast their ballots a8 citizens of Maryland and Virginia. Cry for Vote is Raised. | “Since that time, the cry for national | representation has been raised almost centinually, There is no valid argu- ment against it. Surely, no one seri- ously would charge that Congress would be liable to molestation if the District were given representation in Congress hav- itish. represen tion resolution introduced by my col- league, ‘Wesley Jones, which I er:m. does. not. con ite lve . its provisions thority, m‘l{; enfranchisement the Nation's Capital. “Searchi among documents, from the the nineteenthe eental:z. that om::c- intended to political itus of the District in some degree ‘from the' g, when the mlentll;ml' should have become suffi- of arge. “But ‘even though the District in 1800 had s tion of only 14,003, of wh?m 2,072 'vm -l;fv;u this would scarcely séem to justify Congress in lacing this oflmpunflv::% small num- Eor of American under t amounted to a bemevolent vassaldom. “It cannot be said now that the Dis- trict ‘has not attained adult status. Its population is greater than that of seven States, which are represented in Con- gress by no less than 14 Senators and an even larger number of Representa- tives in the House. “The people of Washington . have never been wanting in their duty to the Government. ~While protesting against taxation without representation, as all good Americans should do, they have never rered in their allegiance to the Stars and sen)m. “They gave freely of their young men in war time, and were prodigal of their wealth when the Government sought assistance in the Liberty loans. In war and peace alike, they have been loyal citizens and gracious hosts. Certainly, they have earned the right to vote. “In waging this commendable war against a form of autocracy peculiarly refmgnnnt to patriotic Americans, you will find that our greatest enemy is indifference. 'Therefore, I charge you, never cease to agitate your cause— spread the fire of your zeal throughout the city, and kindle the dormant sen- timent of the Nation. If anything ever was worth fighting for, it is nation representation for the District of Co- lumbia. And I am confident that finally your campaign will be victorious, as it well deserves to be.” Slight Quakes Are Recorded. NEW YORK CITY. November 23 (#), —The seismological laboratory at Ford- an University today that two other at 7:33 o'clock were reco: 1 night. The disturbances "nrd:flw::f ently 3,260 miles from New York.. R. HARRIS & CO. rted &n earthquakes, one, at 7:26 and the | bee: JUSTICE CLOGGED BY LITIGATION JAM IN LOCAL COURTS | were idiciea (Continued From First Page. portant wil u‘:u of time between the m&r‘&‘lfl the suit and the umngeol it for , and not infrequently the lawyer has diffi- culty in locating his client. Con| has in its hands the key to the solution of the problem how to get rid of the congestion. It should au- thorize the appointment by President Hoover of two more justices of the court. One of these might be assigned to a third criminal court and other to the disposition of numerous motions and interlocutory ings as well as the signing - of ex orders. This latter arrangement would ad entire day in each week to each of the four civil trial justices, who now devote all of Priday of each week and sometimes more to the hearing of argu- ments on motions. Appreciable inroads into the congestion of the courts would be bound to follow. Crime Commission Notified. ‘The attention of President Hoover's Crime Commission has been called to the condition of the local courts in & letter sent to the commission by United States Attorney Rover in answer to an inquiry for a tabulation ' of present criminal cases. Frank E. Cunningham, clerk of the court, has also forwarded to the commission a statement of the condition of the civil dockets of the court and a cross-section of the work of the four civil courts for the month of October showing just how many cases were heard and how long they had been on the trial calendar awsit- ing disposition. Mr. Rover has_ also furnished a check-up of the activity of the two criminal divisions' of the court for October. 2 L Rover’s report discloses that there are 162 persons in the District jail awaiting indictment, arraignment or trial. Of these 81 have not yet heard from the grand jury, 28 have been in- dicted but not yet been taken into court for arraignment and 53 have been arraigned and awailt trial. A large majority of the defendants awaiting trial, he points out, have been in jal only since August 1, and of those await- ing m’:x:tmenc a large majority have n Of the 260 cases under indictment in which the accused have been able to make bond, Rover says' 6 were in- JEWELERS the | custody only since October 15. | by LI 0 ves the 31 ‘"n and Janhgry ocused o six maicheAcs been 1 - from’ Japudry 1, 1925, to January , 1926, 20 have not been found; from Jan 1, 1926, to January 1, 1627, 31: January 1, to ry 1. 1928, 55 from Jan+ uary 1, 1 fo January 1, 1929, 98; while during the 10 months of 1929 a total of 105 fugitives are reported among those against whom indictments were reported. 53 Pleas of Guilty. The record of cases for October in Criminal Division 1_shows pleas of guilty, 53; convictions, 18; acquittals, 8; disagreement, 1, and dismissal for wati¥ of prosecution, 1. The entire month’s session of Criminal Division 2 was ac- cupled in the . Fall bribery trial. In Criminal Division 3 were pleas of nqiy‘. 59 convictions, 25; acquittals, 14. Only two criminal courts are now in session. ‘The statistical of the conditiont of his office submil to the Attorney” Parte | General for the fiscal year ending June. 30, 1929, by Mr. Cunningham, the pendency on that date of 3973, civil cases. Law cases lead with 1,975, followed by equity cases of 1,622; 153 ban| cases; 66 chs‘m: ‘44 mandamus proceed qt proceed: Since July 1 there have been file 571 new equity suits and 543 law suits, bringing the total of pending cases to- A i case oard ' the & cases two Equity Divisions during October, T were filed 7 in 1927; 10 in 1928, and Of the law cases tried in was flled as far back a 4 in 1026; 28 in 1927, Chief Justice McCoy, in speaking of the jurisdiction of the District Supreme Court at the recent dinner to Justice Wheat, declared, “It is the largest of any tribunal of the United States and perhaps in the world.” The court hears* the usual cases that come before a State court and also a Federal court, to which is added unique jurisdiction of regulation and review of actions of . cabinet officers and of the independent governmental agencies and commissions. ‘There should be ample work for two more justices. Burns Critieally 1L SARASOTA, o). —William J. Burns, former head of the United States Secret Service is critt,- cally {ll at his home here. He is suf- fering from a heart attack: brought: on an attack -of acute indigestion- last Tuesday night. - Mr. Burns has lived here for the past three years. F ST. AT 11h b s o Ynlem:om l::od :aoutflol udm “ ” or gal of yards. Harvard com- Dogs Used to Disperse “Reds.” | 08 EMO 90 T ¥ out of five for gains TEMESVAR, Rumania, November 23 | of only 11 yards, but the Crimson (#)—Police hounds were used by 200 | laterals were a decisive factor. officers yesterday in dispersing Com- | munist agitators who were attempting | . to coerce Socialist workmen in facto- ties here. The police reported that 100 or more persons, including some wom- | en, were injured and that they had | arrested and the electoral college. Few, indeed. would have the hardihood to conjure up the ghost of hostile demonstrations to persuade Congress that 600,000 persons | should not be given the right to sue ! of ghe grand jury, irrespective of the lack of specifications showing the pre- acts that formed the basis for the sccusations. The legal minds at the District Building belleve there should be :pecmemnm. if any can be drawn, an probably will look for them in the rzep-mnem of Justice report. ::g for Shelby and Kelly believe the an.rf- made by the July grand jury eration of McPherson did not do | be b'I:.l leared “’l‘ charges the mere for any offense or viclation of the Polfce Manual or rules of the Police Depart- ment. Feels Trial Is Due Him. “After such a record Mr. Kelly feels that he is entitled to and demands a complete and final vindication of his record, .and insists that these alleged e from seeking complete ~vindi- upon ue to the failure of the present | pul of which, your honorable Three Entire Fl_oors Laden With-Lovely Gifts FOR over 54 years, we have been specialists in fine giftwares. And today in this modern, completely stocked store, we have devoted three floors to the dis- play of skillfully selected gifts. There is an ample selection of things suitable for each name on your Christmas shopping list.. Slightly wmore 'than four weeks remain before the holidays. We suggest an early visit as any selection may be reserved with a small deposit. Room Size DoMEsTic RUGS Rich in Colorings —-SturJy in Weave and Moderate in Price ‘ | FINE LAMPS HESE are splendid Rugs from the best looms in America. 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