Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-07-23
THE BLOCK CASE.
Mr.. w. A. Cook Claims His Right to Ap-
pear as Counsel

During the examination of the charges made
against Officer sigmund J. Block by the police
trial board-Capt Austin and Lieuts. Gessford
and Enthusiastically, and after they had
notified Mr.. Lowenstein that the charges pre-
ferred by him against Mr.. Block would be
taken mp at ESQ O'Clock, the following letter
was received from Mr.. W. A. Cook:
"Mr. Lowenstein desires me to represent
him in the prosecution Of the above charges.
He is unable to do so himself I understand,
when appeared before you for few minutes,
that would be notified, but l have not been
notified. / desire to know whether will be
allowed to appear. If so wish to arrange as
to the time"
This was returned with the following indorse-
ment:
Respectfully returned to Col. VIM. A. Cook
with the Information that the trial committee
has no authority to permit an attorney to be
present to assist In prosecuting a case before
the trial committee without written orders
from the Commissioners District of Colum bia.
The Lowenstein charges will be taken up at
2:3O p. m. today and If Mr.. Lowenstein and his
witnesses are not present at that hour the board
will proceed in the case"
MIR. COOK ARGUES.
Mr.. Cook to this replied as follows: 81 have re.
ceived on my returned note your reply to my
request to appear before the trial board in the
case of the charges made by MIR. Lowenstein
vs.. S. ]. Block.
at may or may not be that you have no power
to allow MIR. Lowenstein the assistance of
counsel. II Mr.. Block is allowed counsel it is
difficult for me to conceive why Mr.. Lowen-
stein should not have a similar privilege, if it
is the intention to allow Mr. Lowenstein full
and fair opportunity to present and sustain his
charges.
s.In viau IF vour rafpsol NJ To,vonst,;, 10
sires postponement of hearing of his
charges to afford him time to present the mat
ter to the Commissioners and prefer q request
for counsel to them. Such postponement can
do no harm.
1.-THE statement that at o'clock the Lowen-
stein charges will be taken up, and if Mr.
Lowenstein and his witnesses are not present
at that hour the board will proceed in the case,
seems to Mr.. Lowenstein somew hat dogmatical,
and in view of the request now made the an
nounced conclusion might, perhaps, be wisely
reconsidered. Certain it is the charges made
by MIR. LOwenstein cannot be disposed of in
the summary way you propose, nor can you in
the absence of Mr.. Lowenstein and his wit
nesses proceed with any intelligence or fair
ness with the case"
On the receipt of this the trial board post
poned the hearing until 10 o'clock tomorrow
morning.
WHAT HE WROTE TO THE COMMISSIONERS.
MIR. Cook thereupon wrote the Commission
ers as follows:
II have made request to appear as counsel
OF Ferdinand Lowenstein before the trial board
appointed to examine the charges made by Mr..
Lowenstein against Mr.. Block. inclose you
copies OF correspondence with the trial board.
now prefer my request to you, with the hope
that 1t will be granted. Mr.. Block. 1t appears.
will be allowed counsel l submit to you it is
only fair that Mr.. Lowenstein should be ac-
corded the same privileges He is incapable of
presenting the charges properly himself or the
testimony to sustain them. Unless therefore,
am permitted to do SO for him the evidence
requisite to sustain the charges could not be
presented with correctness nor methodically
1t Is not my purpose to in any way embarrass
the inquiry into the charges, but with as much
brevity as possible to assist the trial board in
proper investigation"
The Police Manual on the subject of trials
says on page 8:
Counsel shall be allowed only in such spe-
cial cases as the board may deem proper"
1t is claimed by some that under this clause
the trial board has the discretion to allow
counsel on both sides, and by others that coun-
Sci can only be allowed In the discretion of the
defendant
THE COMMISSIONERS REPLY.
The Commissioners today sent a letter to
Mr.. Cook stating that they did not consider
that they should give any directions in the
premises.