Evening star., 1928-04-20
STAPLES APPEAL
BRIEF PUBLISHED
BIanton Issues 76-Page
Booklet Asking D. C. Heads
/ to 0verruIe Conviction.

A 7s-paSe printed brief contending
that Crvile Staples was wrongfully
convicted and urging that he be
acquitted on appeal has been prepared
by Representative Blanton Of Texas.
who defended the policeman before the
Police Trial Board during the recent 10
tumultuous hearings.
MT. Blanton indicated that il might
be formally filed with the Commission
erS today.
He declared that he had paid for
the printing of less than thousand
copies and that the Commissioners
we're among the first on the mailing
list None were sent out under his
frank, he said, but copies would be
left in the Offices Of each member Of
Congress.
The brief charges that the trial board
''eyve6" III refusing TO permit Staples 10
prove that his prosecution was occa-
stoned by aninuS OF police who
wanted 10 set him of the force and
not by his own wrongdoing." and that
throughout the trial the board sustained
the objections Of Prosecutor Williams
and refused to permit his client to
prove the personal anirlus Of Mai
Ell" al ID. EaCNSC, SUPER 4IANEnNtAlN W
police. and Policemen McQuade,
Schenck and Hunt
Charges Insult Attempt
Such excluded evidence" the brief
declared. would have proven conclu-
Siyely such actuating animus"
The trial board. the brief sets forth.
refused to permit Staples to question
SchenCk. Hunt and other witnesses, but
permitted them and other witnesses to
have counsel present, and told witnesses
when 10 answer and when not to
answer. and tried to insult, hamper
and oostruet appellant and his counsel"
The brief continued:
Appellant shows that he was charged
with, tried upon and convicted Of an
Infamous crime. that he has never been
indicted. and there has been no present.
meut by grand jury against him. and
that same IS in contravention OF his
rights guaranteed by the Constitution
Of the United States.
Wherefore premises considered, ap-
pellsnt prayS that this wrongful con-
vlction may be set aside and the cyl
dence being insufficient TO warrant a
conviction. that said Commissioners
scquit him on appeal. and restore him
to his status Of March II. 1928. with
his withheld salary allowed"
The brief contains much of the teSti-
mony before the trial board. which
Blanton used with the intention of
showing that his client was framed
as he charged at the outset OF the trial.
The various specifications containing
the charges on which the board found
Staples guilty are treated. separately
with propositions and statements
Conviction Held Unsupported.
eff Orville Staples can be convicted
upon such uncorroborated, impeached
testimony Of a professional bootlegger,
who admits that he is mad at Staples
for being repeatedly raided and ar
rested by him." the brief added after
quoting some OF the testimony before
the trial board. and because this
splendid young officer seized his truck
with liquor in it. then none Of the l.34S
policemen in Washington are safe from
'frsme-ups.'
This conviction Is wholly unSup-
ported by any belieYable evidence. and
the Commissioners Of the District of
Columbia should exercise their iurfs-
oiction on appeal and set this convic-
ton aside and restore Orville Staples
TO his status OF March II, 1923, when
he vas wrongfulIy suspended"
Blanton also declares in the brief
that az noon Of March IS, the frs. day
OF the trial. Staples was informed that
Capt Guy e. Burlingame. q member
OF the trial board, had been heard 10
gay that morning that Staples was
''squealeT 10 Congressmen" and ought
20 De kicked of the force. regardless
O. the evidence, and that IL Staples,
tr1sr - II
al put in 3 bag and shaken up to-
eetf1er there wouldn't be a policeman
n the mixture
Burlingame Is Accused.
The brief also makes a serious charge
against Capt. Burlingane and declares
that during the trial il was reported TO
Staples that he had mo chance Of
acc1ittal" as Chairman Wahly had said
that he was a loyal friend OF former
Commissioner Frederick A. Fenning and
he now had chance TO "get even" with
Blanton for forcing him out Of ONCE.
The brief asserts that the trial board
erred IN convicting Staples Of pulling
the cover from bed occupied by Viz
giniz Eberhsrt. because Of the evidence
was wholly insufficient to warrant a
conviction, the great weight and pre-
showed that beyond q reasonable doubt"
Staples cid not enter the won1an's
apartment The conviction and findings
Of guilty on the charges IN specihca-
fions 5, 8 and 7. the brief declared els
wholly unsupported by the evidence: is
ridiculous, absurd, rayisheS all justice
and decency. debaucfes law and order,
rewards criminal consptraeies, encour-
ages crooks, robs virtue, murders In
Hocence. turns over the machinery of
our Metropolitan Police Department and
our District government 70 Washing
tons underworld and lends their aid
70 and stamps their approval upon one
OF the most heliish frame-ups known 10
world crsnainology."
The evidence introduced 20 support
the charge in specification 8, the brief
declares. ''ag simply absurd and
ridiculous" Substantially similar state
Ynents are made with respects 10 the
other charges on which Staples was