Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-07-25
Conflicting Statements Re
specting Police Offenders.
NOT SUBJECT TO TRIAL
POLICEMEN OFF DUTY ARE PRI-
VATE CITIZENS.
Attorney Lambert's View Of Baltimore
Cases-Adverse Opinion of the
District Counsel.

Were the central figures around which so
much trouble revolved in BaltSlore Satur-
day amenable to charges and trial before
the police trial board?,
This question was asked of Wilton J.
Lambert, attorney for the policemen. this
morning, and his reply emphatic
No" ..s
The same query was put to Acting Cor
poration Counsel E. H. Thomas and he
said that the matter had just been brought
to his attention, that a conference was to
be held shortly and that he would not be
in a position to state the attitude of the
law department of the District until later
in the day.
In making his point Mr.. Lambert declared
that the men were not only off duty and
on leave, that they were practically pri-
vate citizens, but that they were also out
of the jurisdiction when the trouble oc-
CURED.
Even if they were as guilty as the re-
ports from Baltimore would have us be-
lieve. continued Mr.. Lambert, they could
not be arrafgned before the trial board and
charged with conduct unbecomfng officers,
or anything else. because they were both
In law and in fact not policemen when the
trouble In the Italians saloon in the Monu-
mental city occurred.
For offenses committed outside the Dis
trict policemen of the metropolitan depart
when a conviction clearly showed moral
turpituGe On such a charge as this, which
Is merely misdemeanor, the heads of the
department are without power to go FUR
Their.
In Major Sylvester's Discretion.
1T is at the discretion of Maj Sylvester
whether these men, at least those of them
who are mounted be dismounted and in
any way punished by detail duty. but that
is the extent of the power to administer
additional punishment within the grasp of
the local chief of police.
Those men were to all intents and pur-
poses private citizens when they were ar
rested" said another prominent local Of
fetal who is well versed in the laws of the
District. ANY offense committed by them
was committed in their capacity as citizens,
and they were arrested and punished as
citiZens-and very heavily punished at that
Il think the authorities are making a
mistake when they strain every effort to
infict additional penalties and disgrace
upon these policemen, when 1t is obvious
that any charge brought against them here
cannot stand"
Not Yet Ended
That the Baltimore end of the wholesale
raid upon the Washington buecoats is not
ended was evidenced this afternoon, when
Wilton ]. Lambert said he had just ar
baltimore attorney, to reopen the case and
prosecute an appeal
Though they We're guilty on every
count" Mr. Lambert said, 1.-THE fines i'm
posed upon the four men who We're ar
raigned before Justice Grennan were ex-
cessve, and l think we will have a mora
successful issue in the upper court"
Test Case Submitted.
The case of Policeman Nelson was sub
mitted by Maj. Sylvester to Acting Cor
poration Counsel E. H. Thomas. Mr..
Thomas decided, after considering the facts
submitted, that Wilson, having been con-
victed of an offense before court of COM
petent jurisdiction in Baltimore, could be
arraigned before the police trial board on
the charge of conduct unbecoming an Of
ficer."
There are two minor specifications
against Wilson, in which he is charged with
having left the District of Columbia with
out permission