Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-03-14
BEFORE THE TRIAL OFFICER
REPRESENTATIVE FITZGERALD'S
CHARGE AGAINST POLICEMAN.
The Arrest of the Representative In
auguratiOn Day-AIIeged UnbecOm-
ing Conduct of Officer.

auguration Day-AIIeeed Unbecom-
ing Conduct of Omcer.
The hearing Of the case of Policeman
kiimartin of the first precinct charged by
Representative John ]. Fitzgerald of New
York with conduct unbecoming an officer
in arresting him on the 4th of the month,
place at police headquarters this afternoon
before Prosecuting Attorney Pugh, the
trial officer. Mr.. Henry E. Davis appeared
as counsel for the officer.
The prosecuting witness testified that
about 5 o'clock the afternoon charged he
was at the Regent Hotel with Representa-
tives Rupert and Riordan of New York,
and after the governor of New York passed
In the procession, they left the hotel. They
walked to the corner of 18th street, where
tney expected to cross Pennsylvania ave-
nue.. Policeman Mcdonald told him that
arrangements had been made for allowing
persons to cross at 18th street. Witness
said they returned ito 18th street and an
officer, not Kilmartin. informed witness
that he might cross the avenue. Kilmar-
tin, he said, grabbed him by the arm about
the time he started over and asked what
he was doingsGr2tEs
The officer added, he said: Get under
the ropes, or8'H PET you under"
Witness said he told the officer he was a
member Of Congress. and the latter said:
Il don't care a d-sn If you are a member
of Congress OF United States SENATOR
The officer. he said. then asked if he had
a pass or card, and witness told him he
had some railroad passes. He told him
he had no police, pass.
Representative FifZgerald told of the Off
Ger calling the patrol wagon, holding him
(witness) all the time. He was placed in
the wagon and driven to the police station
officer kilmartin telling the officer in
charge Of the wagon to prefer a charge of
disOrderly and accept S. collateral
When the wagon Appeared said wit
ness, the policeman yanked me ten feet
to the wagon
Cross-examined by Mr.. Davis, witness
said he was twenty-nine years old and was
just entering upon his second term as
representative. He had never before at
tended an Inauguration.
CorrOborated by His CoIleaxues.
Representative Riordan informed the trial
officer that Mr.. Fitzgerald had given a cor
rect explanatienCof the affair He said
the officer held to Mr.. Fitzgerald's coat in
the manner that he thought is usually en-
ployed in arresting thieves and thugs.
Representative Rupert gave similar tes-
timony, closing the case for the prosecu-
ton.
Policeman Kilmartin testified that he was
detailed for duty at Pennsylvania avenue
and 10Th street inauguration day. He ex-
planned that there was a loop at 18th
street, put there for the accommodation Of
the Emergency Hospital ambulance A
cable was stretched along theline of the
eurbstone on Pennsylvania, avenue. Wit
ness had read .theslaw and instructions
pertaining to duty that day. He said he
he replied IN 4 4s-,..
No; I'm member of the House."
Witness said he thought he meant he was
connected with, the Regent Hotel. Mr.. Fitz-
member of Gthe House of Representatives,
and witness asked for some proof, but re-
fused to accept a railroad ticket as proof
of his identity. Mr.. Fitzgerald, he said
him (Kilmartin) to arrest him. When he
had warned Mr.. Fitzgerald three times he
placed him under arrest, escorted him I'M
der the rope and sent him to the police sta
ton In the patrol wagon. He made an en-
phatic denial of the charge that he used
profane language.
On cross-examination the officer said he
made no effort to drag the prosecuting wit
ness beneathIthe ropes nor did he drag him
to the wagon.
Heard No Profanity.
Policeman Bramlett of the first precinct
testified that he was on duty near 18th
street about the time the arrest was made.
proper language used. The officer used no
violence in making the arrest A few pc
destrians who had no passes managed to
slip under the rope and cross the avenue.
Witness said he was not near. enough to
the parties to hear everything that was
said. He denied that he told Mr. Fitzgerald
to skip across the avenue.
Health Officer Woodward was called to tell
of the manner Ia which the officer acted
DIN inc he aati vanf
admitted. He say. nothing Of the occur
renee.
Poundmaster Elnstein testified that he
saw but little of the occurrence. He heard
Mr.. Fitzgerald saXo to- the officer: "I dare
you to arrest me.s Witness heard nothing
that the officer SAID The witness pointed
out Mr.. P .,pefth as the man whom he
thought dared the esneer to arrest him. He
made the remaqF6k KlAas the one who was ar
rested.
Ambulaece Driver Testiae..
Henry Burne4t. driver. of the Emergency
Hospital ambdIahees: testified that he was
about FIVE fell ft6a4 the policeman when
the conversation oeSprred He did not hear
the officer make. 4sass OF any profane Ian
guage. ta4 "A
Charles T. Grimes. who was a special DO
liceman on duty, Inauguration day. gave
similar testimenyo:Hhe officer, he thought,
was very mfldsm BAKING the arrest.
Dr. T. Richies Stone: who was in charge
OF the ambulamce at 18th street and Penn
sylvania avenue; s6idl what he witnessed
he regarded as a pantomime. He heard but
little II anything that was said and saw
no violence used
DR.. Dixon. resident physician at the
Emergency Hospital, testified that the Of
fcers conduct while on the way to the
hospital was gentlemanly
Other Witnesses we're examined, the case
being In progress when this report closed
The Vice Prealaent'a Departure.
Vice President Roosevelt left Washing
ton this morning Tor Oyster BAY. He called
at the White HnnbA tos-sax goodbye to