Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-03-28
PROSECUTION RESTS.
IN TRIAL OF ALLEN
Policeman Who Shot Running
CoIored Youth Acts as ~
Own Attorney.

UWn attorney.
Testimony given by witnesses for the
prosecution developed into a defense
for Policeman Robert j. Allen. third
precinct, who went on trial this morn
ing before special board on a charge
of using his service revolver without
proper justification. The trial opened
in the sixth precinct station house
shortly after 10 o'clock. and in less than
two hours, the prosecution had rested
It's case.
The special trial board Is composed of
Police Capts. T. r. Bean, Martin j.
Reilly and j. E. Wilson, the same board
which exonerated Allen recently on a
charge of failing to cooperate with an
inspector Of the District Health Depart
ment in the case of delicatessen st,re
proprietor who was accused Of using
unsterilized drinking glasses.
The present charge against Allen
grew out of the wounding on March
Is of James A. Frazier, 19-year-old COL
leg while running from an alley near
Twenty-fourth and G. streets.
Character Witnesses Eliminated.
Before the trial opened, Capt. Bean
requested Allen to dismiss his character
witnesses, explaining that the board
did not question his good character
With this understanding, Allen. COM
piled with the request and IL of his
50 witnesses were eliminated. The dis
missed witnesses included Capt. Guy
e. Buriingarne OF the second precinct
and Capt. William Z. Sanford of the
fifth precinct
Lieut.. william Z. Holmes of the third
precinct was the first prosecution wit
ness. He said that he went to Twenty
fourth and g streets on learning of the
shooting At that time, he said, Allen
told him he had heard two shots fired
In the vicinity Of st. Mary's court and
that a few moments later he saw three
colored men run from the alleyway.
The men ignored his commands to
halt, he said Allen told him, whereupon
he fired twice, one of the bullets strik-
ing Frazier In the leg. He said that
Allen told him he had been instructed
to take unusual precautions to prevent
any trouble on his beat. as there had
been serious cutting ARRAY on Vir-
ginia avenue earlier in the evening and
repriSals were feared.
Claims Youth Afraid to Stop.
Lieut.. Holmes said that he went to
the Emergency Hospital and talked with
Frazier. Frazier, he said. told him he
had been watching a game of dice in the
alley, and that he ran on hearing two
pistol shots. Lieut. Holmes said the coli
ored youth told him that he heard Al
lens command to halt, but that he was
afraid to stop.
Following the lieutenant on the stand,
Frazier admitted that he had been in
the alley, but denied that he heard Al
len tell him to stop or that he had seen
the officer at any time before he was
shot. When the policeman's first shot
was fired, Frazier said. he started to
stop, but was running so fast that he
had just begun to slow down when the
second bullet hit him.
Policeman Harry l.. Jacobs, Aliens
partner, also testified that he had been
instructed to take unusual precautions
that night. and that when he heard
the two shots he thought felony had
been committed in st. Mary's court.
Allen and ran in different direc-
tons in order to prevent any one from
escaping at either end of the alley. I
had my gun in my hand and was pre-
pared to shoot at two men who were
running down Virginia avenue, but /
decided that they were SO far away that
would not hit them" he said.
On cross-examination by Allen, who
is conducting his own defense, Jacobs
said that he would have shot If he had
thought felon was escaping. He also
said that he would have fired II he
had been In his partners position.
Jacobs also visited Frazier at the hos
pital and testified that the colored man
had told him that he did hear the
command to halt but was too fright
ened to stop.
Doctor Supports Defense.
DR. James E. Lewis of the Emergency
Hospital staff testified that the bullet
which wounded Frazier had followed a
downward course, entering just behind
the knee and emerging at point ap-
proXimately inches lower on the front
side of the leg He said that In his
opinion this indicated that the bullet
had been fired at the ground. DR..
Lewis said that he heard Frazier say
he did not hear the officers commands
to stop
OulCeT %. M. lay WIN was AhNCotA-
eating house in st. Marys court at the
time the first shots were fired, testified
that he saw FIVE colored men running
down the alley and that he overlook and
captured one of them. He said that he
had his service pistol in his hand. but
refrained from firing because he did not
think the circumstances justified such
an action.
Policeman S. F. Gravelly, who was
with Day, took an opposite view. how
ever, testifying that If he had been IN
Aliens position he probably would
have fired at the fleeing man." Gravelly
also said that he was expecting trouble
in st. Marys court that night because
of the fact that several crimes had
been committed In that neighborhood
short time before.
Witness Errs in Identification.
The prosecution then called L. T.
Sedgwick. colored. who was captured
in the alley by Officer Day. sedgwick
said that he saw one OF the plain
clothes policemen fire the first two