Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-11-20
THREE POLICEMEN
DENY HARKER WAS
BEATEN At STATION
Mostyn, Latin and Grooms
Testify ACCuser Voluntarily
Confessed Robbery.

Three of the four policemen on trial
in Criminal Division l for alleged
brutality took the stand in their own
defense today and denied emphatically
charges of James Henry Harker that
he was given third degree beating in
the Sergeant's room at the first precinct
station August %, last.
Precinct Detective James A. Mostyn
whom Harker had accused of flogging
him with a rubber hose; Policeman
William r. Latin, whom Harker al
legged had upset him from chair and
kicked him while he lay on the floor
charged by the Government with being
an accessory in that he, with Police
man William T. Burroughs, stood by
and watched the alleged assault, made
sweeping denials OF the Governments
allegations.
The trio declared that Harker was not
touched by any of the four officers who
questioned him that day and that Har-
ker confessed voluntarily to a lunch
room burglary under persistent ques-
tioning.
Defense Introduces Hose.
The defense introduced a piece of
black rubber hose, less than three feet
long, which was identified as a hose
used by the janitor to flush drains at
the station house. All three witnesses
denied that this piece of hose was in the
Sergeant'S room at any time during the
questioning of Harker.
Both MoStyn and Latin said they
had noticed small blood spots on
Harker's shirt at the alleged inquisition,
but all the defendants denied that
Harker shed any blood while he was
being quizzed. The shirt was offered
in evidence yesterday by the Govern
ment, after microchemistS had testified
that stains on the garment were human
blood.
Latin, his face somewhat flushed,
made his denialS in loud, clear voice.
Mostyn, too, appeared unperturbed, but
answered in such low tones that his
attorney, was. prompted frequently to
remind him to speak so that the jury
could hear him.
1t was expected Burroughs would
take the stand later today for ques-
tioning by his own attorney, Frank ].
Kelly.
Mostyn denied Harker's claim that
Latin had stood behind the prisoners
chair and had hit him, turned the
chair over and kicked him.
Il never touched him." MoStyn de-
clared, land Latin never touched him."
Mostyn recounted how, by constant
questioning, Harker was shaken in his
original story of his movements on
the night Of the lunch room robbery
and how he finally it is alleged, con-
fessed that he broke into the lunch
room, carried away small cash regis
ter, broke 1t open with a monkey
wrench, removed some bills and change
and tossed the register and wrench over
fence beside tin garage in the rear
OF the lunch room. The cash drawer
and wrench, the court was told later
were found where Harker allegedly said
they would be found.
Eyes Red and Swollen.
Mostyn said Harkers eyes were red
and swollen when the questioning be-
gan and under crosS-eXamination that
his left eye gradually became more dis
colored.
He reiterated that Harker was not
kicked, hit, 1ogged or otherwise abused
and remarked that he had taken Harker
pack of cigarettes while the latter
was in his cell
Mostyn said he noticed the blood
spots on Harker's shirt when he went to
the cell to get the prisoners clothing
for use as evidence. He described the
spots as being about the size of peas.
The witness said he asked Harker how
the blood got on his shirt and that
Harker said he did not know.
did either Harker or his attorney
ever complain to you that Harker had
been mistreated?" Defense Attorney
James A. O'Shea inquired.
mo, sir" Mostyn replied.
OShea pointed to a blackboard on
which was pinned photograph show
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