Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-07-29
.AUKAM IS UNDER FIRE
Police Complain of Methods of
Acting Judge.
SETS TWO PRISONERS FREE
Private Castle Busy in Other Branch
of Police Court at Time.
COMMISSIONERS MAY ACT
West Says Investigation Made BY
Him Is Not Complete Enough to
Warrant Opinion.

The disposition made by Acting Judge
G. c.. Aukam in the District branch OF the
Police Court of two cases OF d1sorderiy
conduct in dismissing the defendants
called before him several days ago.
course taken because the policeman who
was a witness in the cases was testuyins
in the United States branch OF the court
at the time, has been called to the atten-
ton of the Commissioners.
Commissioner West says he has not IN.
vestigated the matter sufficiently to ex-
press an opinion as to its propriety.
The information furnished Mr.. West Is
in the form of a written report to Capt.
Boyle. commanding in the third precinct.
made by Private Basier Castle the police
man in question. A report in the case
was made to Maj. Sylvester by Capt.
Boyle.
Private Castles Complaint.
Private Castles letter follows:
"Sir: I respectfully report the informa-
ton relative to the decision rendered by
Judge Aukam in the Police Court. where
Charles Simmons and Edward Gather
were charged with disorderly conduct.
IT filed complaint against the defend
ants. then went to the United States
district attorneys office to file informa.
ton in other. cases. While 80 engaged
the cases of Simmons and Gather were
called in the District branch.
Private w. s. Newton informed the
acting Judge. Aukam, that L was engaged
In the upper court. that he would call me
was informed by the clerk Of the court.
Mr.. Harper. that the cases against Sim
mons and Gather had been dismissed Tor
the want Of prosecution. 1t was then not
later than 9:15 O'Clock.
"In view of the disposition Of the above
cases. Simmons and Gather. II they 30
desired. could bring charges against me.
make this statement hoping it may be
brought to the attention OF the proper or
ficials.
X am. very respectfully.
'B. CASTLE.
"--- Third precinct.
In his report Captain Boyle said the &C.
ton of Judge Aukam places the police
man in an awkward position He ex-
pressed the opinion that the name Of the
policeman should have been called by the
court crier to determine whether or not
he was in the court building before the
cases were dismissed.
What Happened in Court.
Charles Simmons and Edward Gather.
both colored. were arrested in conjunc-
ton with a third colored man named
Robert Turner as result Of alleged
disorderly conduct Sunday night at the
intersection of goth and L streets. The
arrests were made by Policeman Castle.
Simmons and Gather were locked up.
Turner deposited So collateral.
= At the calling of the collateral list
Tuesday morning in the Police Court
Turner failed to put in an appearance
to answer to the charge. His cash was
declared to be forfeited. The two pris--
oners were brought into the court dock
TO be arraigned. *
Shortly before the cases were called, 1t
is stated by the police. Castle was sum-
moned to the next floor to fill out
charge of larceny against another pris-
oner Before leaving the District court
room. however. Castle says he requested
Policeman Newton. also of the third pre-
cinct to inform the court attendants.
should the Gather and Simmons cases
be called before he returned. that he
could be reached in the assistant attor-
of the court.
Prisoners Set Free.
Castle had hardly been absent from the
courtroom ten minutes before Gather and
Simmons were arraigned before the bar
for a hearing. Castle was called and,
failings to respond. Newton asserts, he
informed the court officials that his
brother officer was upstairs in another
case.
The bailiffs of the court called Castle in
the courtroom and corridors a second
time. After a wait of several minutes
the presiding judge ordered the dismissal
Of the two men for lack Of prosecution.
Since the court has been presided over
by Acting Judge Aukam. with the conse-
quent early opening there has been an
earnest desire to facilitate matters and
to assist the court as much as possible
in performing the business before 1t with
dispatch.
After the dismissal OF the two cases,
Castle and Newton returned to their sta
tionhouse and related in detail the circum-
stances surrounding the discharge of the
prisoners. On the advice of Capt Boyle,
commander of the third precinct. Castle
made formal report which In turn was
filed with his commander and the chief Of
police.
When asked this afternoon If he cared
to discuss the complaint Of Policeman
Castle, Judge Aukam announced that he
had nothing to say in reference to the
matter whatever. and refused rositiYAlY