Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-04-08
OFFICER KlLMARTIN FINED
ACCUSED BY REPRESENTATIVE
FITZGERALD OF NEW YORK.
The Policeman ExOnerated of All
Profanity.

The case OF Policeman J. L. Knmartin.
who was charged with conduct unbecoming
an officer in arresting, the 4th of last
month. Representative John J. Fitzgerald
of New York. was disposed OF by the Dis
ttict Commissioners today by the imposi-
ton OF a fine of SO upon the accused off,
Ger. IilInartin. 1t was alleged. did. on or
abou- the 9TH day of March. 1901. at or
about the hour of o'cock pm. at or about
the corner of 18th street and Pennsylvania
avenue. without cause. provocation or war
rant. arrest Representative Fitzgerald. and
did use harsh, violent and profane language
toward the representative. and did conduct
himself in q harsh. violent and direspectful
manner toward Mr. Fitzgerald. all to the
disgrace and discredit of the police force
of the District
According to the testimony of Represeu-
tative Fitzgerald before Trial Officer Pugh.
Rupert and Riordan, and they endeavorei
to cross Pennsylvania avenue at 14th
street, but were told by Policeman McDon-
neal that thay could cross at 18th street.
They attempted to cross there. when Mr..
Fitzgerald was grabbed according to his
testimony. by officer Kilmartin. who told
him that IL he did not get under the ropes
ite would put him under.
Mr.. Fitzgerald states that he EXPLAINED to
hilmartin that he and his companions were
members of the House of Representatives
anu WiSHcd 10 cross. Wnen, said MIR. FltZ-
gerald. the officer replied that he did not
care On If they were, and that if they
did not get under the ropes he would arrest
them. Mr.. Fitzgerald says he endeavored
to explain further. and when asked by Kill
martin If he had pass. replied that he had
some railroad passes in hts name, but no
police pass.
Alleged Insistence of officer.
Officer Kilmartin insisted that they get
under the ropes, says Mr.. Fitzgerald. and
when requested to wait a moment for fur
ther explanation. took him under the ropes
and walked him down 18th street holding
him by the arm. although requested to re-
lease the representatives arm and al
though being assured that he would make
no effort to get away
He said L was under arrest" said Mr.
fnzgeraid, IN his testimony, land ne would
mold me. We went along and turned
think. to the left and went to the patrol
poX He rang up the station house and
asked them to send the patrol wagon
When he finished again requested him to
permit me to stand there without being
held He said as he was arresting me he
would have the pleasure of it. / think /
said at that time that he probably had a
stomach full of the pleasure In a few
minutes the patrol wagon turned the cor
ner, and as soon as it did he commenced to
drag me from the sidewalk to the street. l
asked him to stop, as 1 would get in the
wagon when 1t came. He said lie would
take good care that I did. He actually
dragged me about ten feet, and got into
the wagon. and he told the officer to
charge me with disorderly conduct and
take So collateral
Evidence for Defense.
The testimony of Representatives Rior-
dan and Rupert tended to corroborate
| that given by Mr.. Fitzgerald, but Officer
kflmartin denied the charges, and intro
dnpa6 of
support his denial. and Trial Officer Pugh
found him guilty of the use of profane
language, but not guilty of the other
charges. In forwarding the papers In the
case to the Commissioners, Major Sylves-
ter. the chief of police explained that Of
hcer k1lmartin was appointed member
of the force September l. 1892, and stated
that his record has been clear. except that
he was fined in September. 1895, $40 for
neglect OF duty. That he should" said
the major, have made use of profane lam
guage is deplored by the department. as
II Is surprise to his superiors. recon-
mend that he be fined SIC. S. to be paid on
or before May 5, and s. on or before June
g. 1901"
Commissioner Ross, who has immediate
charge OF the police department. approved
Major Sylvester's recommendation and re-
ferred the papers In the case to his asso-
clates Endorsed by him as follows and
they have agreed with his approval of the
ma orS recommendation:
1.-The trial officer finds Officer Kilmartin
| not guilty of having rcade the arrest with
out cause, provocation or warrant not
guilty of conducting himself in a harsh.
violent and disrespectful manner toward
Mr.. Fitzgerald, but guilty of the use of
profane language. 1t IS pleasure to note
| from the report of the major and superin-
tendent that during service of eight years
and half the record of Officer Kilmartin
has been almost without blemish. move
that this finding and the recommendation
OF the ma jor and superintendent that he be
fined $40, payable in two monthly INSTALL
ments, be approved,
In Memory of Queen Victoria