Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-08-01
CHARGE DISMISSED
OFFICER KLEINDIENsT ACoUIT.
TED OF oFFENsE ALLEGED.
Special Dispatch to The Star.

Special Dispatch to The Star
BALTIMORE, Md, August Police
man Raymond A. Kleindienst of the WASH
1ngton force came here yesterday after
noon according to agreement, and APP
peared with his counsel, Attorney John p.
Poe. before Magistrate Grammar to re-
spond to a charge of having assaulted Sa-
loonkeeper Anthony Retalliata when he
was here with several other Washington
policemen ten days ago. At the time he
appeared here Saturday his counsel was
ready to waive an examination and fur
nish bond for his appearance to answer a
charge. should the grand jury find sufI1-
cient evidence against him upon which to
return an Indictment. The case was con-
tinued, however, until today at the sug-
gesffon of the magistrate and not because
OF request made, by the defense.
When the policeman appeared today his
counsel gave notice that he would waive a
nearing and let the case go to the grand
jury This action did not seem to SUIT the
magistrate, however, and he suggested
that he had heard something of Klein
dlensts alleged part in the Saturday night
affair which prompted him to hear a state
ment from the saloonkeeper. The latter
thereupen gave the ma gistrate the infor-
nation that he could not say that the ac-
cused had participated in the alleged as
sault He had discussed the affair with
friends and was of the opinion that Klein
olenSt mad done what he could to prevent
trouble.
From Other Sources Also.
At this juncture the ma gistrate said he
had received similar information from 9TH
er sources and was therefore inclined to
dismiss the charge, adding that he sup
posed the Washington police officials
would attend to the matter of his leaving
the station in this city so unceremonous-
lyy cn1 Il h.
ing any favors- He was prepared to have
his client give bond if the magistrate so
decreed or to have him depart if the
charge were dismissed. In the absence of
any proof to connect him with the alleged
assault the magistrate dismissed the
charge.
Attorney Wilton J. Lambert regards the
acauittal Of Kleindienst as a decided VIC
tory for the several policemen who were
alleged to have been implicated in the
Baltimore affair. Saturday when he was in
Baltimore he noted an appeal in the cases
of the convicted men in order to have them
reviewed by the governor later on. Under
the laws of Maryland no appeal can be
taken from the decision OF 4 magistrate to
higher court, and, 1t is. therefore, neces-
sary for him to take the case to the COVER
nor. He had hoped to have the case of
kleindienst sent to the grand jury in order
that there might be a full investigation of
the affair and give him a record upon
which to proceed before the governor.
Magistrate Grannan's disposition of the
case, he says, renders it necessary for him
to make a record by drawing affiGavitS,
but, he says, he is confident that he will
ntually win the cases
At the time the arrests were made Klein
dienst came in for as much censure as did
his companions, says Mr. Lambert, and
would probably have been fined had he not
walked out of the police station and re-
manned away during the time of the trial,
Upon his return to the city last night the
acquitted policeman came in for ova-
ton at the hands of his friends, and the
latter showered him with congratula tons
upon his victory.