Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-31
District Commissioners Re-
fuse to Grant Exception in
Accused PoIiceman's Case.
PRATT RETURNS LETTER
CHALLENGING BOARD
Similar Demand in Doyle's Pend
ing Hearing Declared Improp-
erly Addressed.


fatty turned down the request of Police
man Robert j. Allen for the creation
of an extraordinary civilian trial board
to try him on charges of insubordina-
ton.
simultaneously it was announced at
police headquarters that Maj. Henry G.
Pratt, superintendent of police, had
returned to attorneys for Capt. Robert
E. Doyle, suspended commander of the
eighth precinct, who backed Allen in his
recent controversy with Maj. Pratt,
communications addressed to him yes
terday requesting a similar trial board
to try Capt Doyle.
Mai. Pratt also returned to Chapman
w. Fowler and T. Morris Wampler, at
torneys for Capt. Doyle, challenge 20
the police trial board as now consti-
tuted, as well as the alternates selected
several days ago.
The communications, 1t was held,
were improperly addressed, since the
authority to appoint police trial boards
rests with the District Commissioners,
while challenges should be made to the
chairman of the police trial board and
not to the major and superintendent of
police.
Action Not Unexpected.
The action of the Commissioners in
denying Aliens request for special
board was not unexpected. There were
strong lntimationS yesterday that the
Commissioners proposed to rest Aliens
fate with police trial board.
In rejecting Aliens request the Com
miSSionerS directed Daniel E. GargeS,
secretary of the Board of Commission
ers, to prepare letter to be sent the
policeman'S attorneys, H. Ralph Bur-
ton and Tench T. Marye, stating that
after careful consideration they knew
Of no reason why Allen could not have
a fair and impartial trial before
police trial board. The Commissioners,
however, did not consider Capt. Doyle's
request, as it has not yet come officially
to their attention.
Unfairness Feared.
Aliens request, filed several days ago
by his counsel, was based on the as
sumption that because of the many
controversies in which he has been
Department q trial board composed
of police officers would not give him q
fair and impartial trial.
Mai. Pratt did not receive Capt.
Doyle'S request for an extraordinary
civilian trial board until this morning,
although the correspondence was made
public late yesterday afternoon by at
torneys for the accused oficer after
brief conference with Commissioner
istrative supervision over the Police De-
partment. He decided to return the
letters.
In one Of the two letters which served
notice on Mai. Pratt that the right
of the present members of the trial
board, as well as the alternates, to try
Capt. Doyle would be challenged, the
police superintendent in reply cited sec
tions is and 81 of the police manual
to show that he had no jurisdiction
over the police trial board.
Procedure Laid Out.
Section is points out that if contin-
uance of a hearing is desired the ac-
cused shall make application to the
chairman of the trial board prior to the
time set for the hearing. Section 81
says that "a challenge 20 any member
Of the trial board shall be made to the
chairman thereof at least 48 hours be-
fore the date set for the hearing"
Maj. Pratt also explained that he had
no authority to appoint police trial
board, referring to another section OF
the police manual which stipulates that
the Commissioners shall establish one
DR. more trial boards to be composed Of
such persons as they may, from time to
Tine, designate and change, or abolish
such boards as they may deem proper"
The letter which Secretary Garges
wrote to Aliens attorneys, notifying
them that the request for special trial
board had been rejectei, was signed by
Doughel ty, as oieSident
Of the Board of Com nissioners. The
text follows:
Text Of Letter.
"The Commissioners IF the District of
Columbia have given careful constdera-
ton to your letters of October 28, 1929.
rs attorneys for and On behalf of Pvt.
r. j. Allen and in competition with the
pending charges agai1s him as men,
Der of the Metropolitan Police Depart
ment.
I'm your letter of october % you state
that you object to t1e Police Tria.
Board as at present constituted and
request that Pvt. Allexl be tried by a
BOARD composed entirelJ of persons not
connected with the PcIice Department
IN the ground that yoA think it impos-
;ible for any of the present members
If the present Police department to
give Pvt Allen an imps1 Iial trial. You
appeared before the Commissioners on
October 90. 1929. ana submitted an
en request. The Commissioners have
llSo given careful consideration to the
)ral argument presented by you.
Authority for Board.
"Under the law and under the rules
and regulations of the Metropolitan
1ContinIed on Page 3, Column AZ