Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-11-07
Attorneys Begin Preparation
of Appeal From Dismissal
Verdict.
EXCESSIVE PUNISHMENT
TO BE GROUND OF PLEA
Expected to Be Filed With Com
missioncrs Tomorrow-Pratt
Goes Duck Hunting.

Adopting the famous Salvation Army
wartime slogan. "A man may be down,
but never out" Policeman Robert j.
Allen announced today that he proposed
to fight more vigorously than ever to
prevent the imposition of the sentence
Of dismissal decreed by the police trial
board, which yesterday found him
guilty on charges of insubordination
and conduct unbecoming an officer.
Aliens attitude was in marked con-
trast to the submissive position he took
before the trial board when he said
with a cynical air that he was aware
that his career on the police force was
at an end and that it was futile for
him to fight any longer. Il am not
licked yet, however" he declared reas-
suringly today land intend to go on
fighting just the same as in the past. -
Attorneys Prepare Appeal.
In the meantime, Aliens attorneys.
H. Ralph Burton and Tench T. Marye,
began preparation of an appeal to the
District Commissioners from the Trial
Boards verdict. The policeman's fate
rests with the Commissioners, who have
the power to modify or set aside the
Trial Boards findings. Once before he
escaped removal through the medium Of
an appeal to the Commissioners, who
set aside the Trial Boards verdict. III
this case the officer was found guilty OF
unwarranted use of his revolver In
wounding colored boy.
Marye Indicated that the appeal prob
ably would not be filed until tomorrow.
49, H. f,a ruYk.s soIa Rr,
make the move which will automatically
stay the sentence pending a review of
the case by the Commissioners II the
appeal is entertained.
The appeal, it was said, will be based
on grounds that the punishment stipu-
lated by the trial board is out of all
proportion to the offenSe: that the board
did not give sufficient consideration to
the case, and that the decision to de-
prive the oflcer of his reputation and
means of livelihood could not have been
reached fairly In Is minutes. the length
of the taard's deliberation after. the
close OF the trial.
Pleaded His Own Case.
Neither Burton nor Marye repre-
sented Allen at his trial and he pleaded
his own case. The policeman said he
did not avail himself Of their services
before the trial board "to spare them
the humiliation of participating in that
hideous travesty on justice which re-
suited in my sentence Of dismissal from
the force"
There is no question Of the sin
cerity of either Burton or Marye to
represent me at the trial." Allen added
This was evidenced by the fact that
when informed them that was
financially embarrassed, they offered
their services without fees. They both
agreed with me that it would not have
been much use in view of the attitude
of police officials who were determined
to get rid OF me at any cost, irrespec-
tive of whether was innocent OF
guilty"
The oficial report of the trial
boards findings, bearing the indorse-
ment of Maj. Henry G. Pratt, Superin-
tendent of police, was forwarded today
to the Commissioners No action will
be taken by the Commissioners pending
the receipt Of Aliens appeal.
Must Confirm Finding.
The Commissioners, however, must
confirm a police trial boards findings
before the sentence can be carried out.
1t is customary for them to wait five
days, the period in which the notice of
an appeal may be filed. before acting
on a trial board case. If an appeal is
entertained, 10 days are allowed for its
perfection. Allen, therefore, is not like
ly to know his fate for nearly month,
since the Commissioners may take a
week or more to review the case.
Maj. Pratt. who preferred the charges
on which Allen was convicted, tossed
the cares of his ONCE into the back
ground today and went on duck-hunt-
ing expedition. Inspector e. w. Brown,
in charge of the Trafic Bureau. and
one of the three assistant superintend-
entS, occupied Maj Pratt's office.
Doyle Goes on Trial Monday.
Capt. Robert E. Doyle, suspended
commander of the eighth precinct,
whose outspoken defense of Allen
caused Mai. Pratt to charge him with
insubordination, will not seek another
continuance in his case, but will go to
trial Monday as scheduled according to
T. Morris Wampler, one Of his attor-
neys. The officer has already been
granted two continuanceS.
Wampler said If the Police Depart
ment wanted a fight he is ready for it.
His statement was taken to indicate
that no further attempts will be made
to adjust Doyles case to save him from
appearing before police trial board.
Twice, already, overtures to settle the
case "out of court" failed.