Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-08-09

RIDAY, AUGUST 8. Ii
OFFICER BLOCK ACQUITTED.
The Closing Testimony-Judge Mfller's
Decision-His Sharp Comments.
Yesterday afternoon in the Police Court,
after TIE srAa's report closed, in the case of
Inspector Block Of the police force, charged
with compromising . felony, the defense
opened their case by calling Prosecuting At
torney Armes - . witness. He testified that
the first information he received Of the charge
against Brainard alias Monroe was in connec-
ton with the charge made against Mr.. Lowen-
stein The information came from . person
who claimed TO be . friend Of Lovenstein's.
Witness promised to mako thorough invest
cation Of the case. Mr.. Lowenstein
was stating his side Of the case when Mr..
Block came in with box Of silver. Mr.. Block
said something about the relations between
Lowenstein and lady who II now Lowensteins
wife and witness raped for order. Witness
then heard Mr.. Blocks statement Of the case.
MIR. Lowenstein asked witness advice in the
matter. Witness advised him to get good
lawyer. Mr.. Block then exhibited the pieces of
the vase and said it had been delivered TO
Lowenstein whole, and 80 did MI. Lowenstein.
0lOck toou explained 70 Wlt1eoo ABOUT the
arrest OF Brainard, who, he said, was Col Seatons
nephew.
. warrant against Lowenstein, and he
thought he also ordered . warrant against
Brainard. Witness did not think he could have
convicted Lowenstein without the evidence of
Brainard, and il the case had TO be gone over
again, with the knowledge he now had,
he would act precisely % he acted before.
Mr.. Davis asked the witness IL any fact had
<,rI<kt ,ax s-4x n. A. ~ IL
with reference to the manner in which the case
was tried?
Mr.. Armes objected because he thought the
answer might interfere with his argument
A LAwYKB's PRIVILEGE.
The Judge said he did not think that any
technicalities should be raised to prevent q full
and fair examination, to which Mr.. Block is en-
titled. The witness had been q lawyer long
enough to know that he could answer one way
and argue another, Laughter.l
Witness answered that no new fact had been
developed The witness was then questioned
at some length concerning Mr.. Blocks state
ment Of the case, including the confession.
OFFICER BLOCK TELLS HIS STORY.
The defendant was then sworn in his own be-
half. He testified that as an officer Of the po-
lice department it Is his duty to look after
pawn shops, secondhand stores and all places
where stolen property il supposed to be con-
cealed. He was sent for by Private Detective
McDevitt. who introduced him to Col Seaton
and Mr. windlock. Defendant heard Col Sea-
tons story Of the boys misconduct and told
him that if he (Block) had anything to do with
the case the matter would have to be brought
to the attention Of the court. Defendant
then told OF the facts in connection
with the arrest Of Mr.. Lowenstein and the
search Of the house. To show that defendant
had no bad feeling, he said he went IN Schwing
Clarke's on 7th street and took drink with
Lowenstein. MIR. Block said that Mr.. Armes
ordered him to swear out warrants both for
Brainard and Lowenstein. He said that he
acted all the way through
UNDER THE ADVICE OF MR.. ARMIES.
Defendant thought that the young man might
be put out on his parole and should he return
he could be prosecuted. He concealed no facts
from anybody. Ex-Commissoner Webb, the
young mans guardian, and Col. Seaton spoke
to defendant about going to New York with
Brainard- Defendant spoke to Maj. Moore
about it and he gave defendant permission to
accompany the young man to New York when
the District attorney said that there was moth
ing against him. When defendant was fur
nished the money for expenses he went to Saks
Co.'s and there purchased Brainard a COM
plete outfit Of clothing. He then took him to a
barber shop, where he was shaved, given q
bath, had his hair cut, and was fitted up like a
gentleman. Out Of the fund intrusted to de-
PENDANT eos was spent for ticket to Nicaragua.
In answer to inquiries Of counsel defendant
said that he never received q cent as q reward
or present, and refused positively to do 30
when the subject was mentioned.
BLOCK cRoss-ExAMINKD.
On cross-examination defendant said that he
went to Newport after leaving New York and
took his son with him, but did not pay any Of
the expenses out of the funds provided by
Brainard's guardian. The district attorney, he
| said, hurried the case against Lowenstein in
order that the young man might get of to Mic
aragua.
After the cross-examination Of Mr.. Block,
which occupied some time, Mr.. Davis an
nounced his case was closed.
Mr.. Armes moved that the case 20 over until
today, but the judge saw no reason to grant the
motion.
Mr.. Armes stated that An attempt had been
made to make q ''drive' at the District attor-
ney, Judge Hoge, and he thought that Judge
Hoge should be given an opportunity to make
q statement.
Explanations were made, and the Judge said
that the character Of Judge Hoge was above
reproach, and spoke in such fattering terms Of
that official that Mr.. Armes withdrew the mo-
ton.
Judge Miller's Decision.
Judge Miller, after reviewing at some length
the law in the case heretofore quoted in TIE
SrAR), said he would never concede the right
Of an officer to bind the government by q con-
fession. The first question was Did this man
compound felony? think not. He
put the government in possession Of the mans
confession, which Of itself was sufficient to con-
Wet; that IL the untrammeled confession. II il
should appear that he made q promise Of i'm
munity this case would take different aspect,
but he says, and the proof is not to the con-
trary, that he made no promise whstever,
although the case does seem strongly to point
out that this man was led to believe by some
one that he would not be prosecuted for that
o6ense.
did he assist, participate, consent to, or aid
this person who is suspected Of crime to escape
full judicial investigation by failing to give
known facts and reasonable causes of suspicion,
or Withholding any information relative to the
charge or suspicion from the proper officer?
1t il charged he did it in that he did not lay
before the district attorney the fact that this
enoa ICED in and rarticipafad in ofhar Lar