Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-01-30
Police Court Judge Commends
Officer for Aid Given in
His Court.
GIBSON is SPECTATOR
THROUGHOUT HEARING
Capt. Stott Testifies Policeman VIC
lated Rules by Not Report
ing Within Day.

Police Court Judge Robert E. Mat
tingly today came to the defense of
Policeman Robert j. Allen of the third
precinct, when he went on trial before
a special police trial board on charges
growing out of his testimony in Police
Court in December, which resulted In
the dismissal of case against a deli
catessen store proprietor at Twenty-sec-
ond street and Pennsylvania avenue,
who had been charged with violating
the Districts sanitary regulations by
using unsterilized drinking glasses.
Judge Mattingly's support of Allen
was in the form of letter addressed to
the Police Trial Board, which was in
PRODUCED as evidence by Bolitha j. Laws,
the policeman's counsel 1t paid a high
tribute to Allen and declared the OH
GERS assistance aided the court IN reach
ing just decision.
Commended for Aid.
The text of the letter follows:
Respecting charges filed against OFF,
Ger r.. J. Allen on January IL, 1929,
would respectfully say 1 remember try
ing said case, that against one Ersll1S
Ghilardi, for violation OF health regu-
lationS
After hearing the testimony of the
inspector, Mr.. Philip Cake, and that of
officers Jacobs and Allen, whom / call
ed of my own volition. was fully sat-
isfied that no case whatever was made
out and dismissed the same. Instead
of using glasses, testimony showed that
the defendant used paper cups.
There was no manifestation of I'M
due interest in the case by either OFF,
Ger Allen or Jacobs, other than de-
sire to tell the truth and see that JUS
tice was done. 1 believe every word
they said and want to commend both
of them for helping me to arrive at
just decision. They only testified when
I asked if the defendant had any wit
neSseS and personally told both officers
mentioned to take the stand.
II can see nothing offensive or OBJ
jectionable in their doing so, and in
my humble opinion neither of them
violated any police regulations. and
would make such statement uder oath
If necessary"
Gibson Is Spectator.
The trial continued for more than
two hours, when luncheon recess was
ordered. The unusual interest in the
case attracted large group of Specta-
tors, among whom was Representative
Gibson of Vermont, chairman of the
District subcommittee of the House, who
has manifested considerable interest in
the Police Department and its activities
Mr.. Gibson said he attended the trial
for the purpose Of observing trial board
procedure, although it is known that he
has followed closely Aliens career on
the police force since the officer created
a sensation last Fall by accusing some
of his brother officers of infficting
corporal punishment on defenseleSs
prisoners.
Allen was charged with conduct preju-
dicial to the good order, reputation and
discipline of the Police Department, the
specifications alleging that he had in
terested himself unduly in the Ghilardi
case and failed to make a report on
its disposition within "a hours, as re-
CURED by Police Department regula-
tionS.
The testimony brought out that Allen
and Pvt. Jacobs, also of the third pre-
cinct and partners on the same beat,
went to the delicatesSen store together
and served warrant on the proprietor.
The warrant had been sworn to by
Philip H. Cake, a Health Department
inspector. and alleged that the pro-
prietor of the store had violated the
Health Department regulations by fail
ing to steriliZe drinking glasses. In
court Allen and Jacobs both testified
that sanitary paper cups and not glasses
were used in the establishment and
Judge Mattingly dismissed the case.
On complaint of the Health Depart
ment, Allen was cited to appear before
the trial board for failing to cooperate
with another unit of the District gov
eminent.
Report Time Is Issue.
It was alleged that Allen showed
undue interest in the case because he
agreed to appear in Police Court in
stead of Jacobs, who had been given
the warrant to serve. The testimony,
however, showed that Allen relieved
Jacobs of this detail in order that the
officer would not be required to go into
court on his day off. Capt. William c.
Stott of the third precinct, Aliens
commanding officer testified that this
was an unusual procedure in minor
cases.
Capt. Stott declared, however, that
since Allen had agreed to represent
Jacobs in court, he was responsible for
making report on the disposition of
the case within "a hours, but that he
failed to do so within that period.
Aliens attorney explained that the
officer was taken sick the day following
the trial in Police Court, and did not
return to duty for Is days and was
Therefore unable to make the report.
The special trial board created to hear
the Allen case is composed of Capts.
Bean, Reilly and Wilson. The witnesses
heard before the luncheon recess, in
addition to Capt Stott, were Inspector
Harrison, Mr.. Cake, the Health De-
partment inspector; Policeman Jacobs,
Mr.. and Mrs. Cihilardi.