Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-01
ROVER SAYS POLICE
ARE TO BLAME IN
GAMBLING CASES
DiSmissaIS Followed Continu-
ances Because Officers
Failed to Appear.
HESSE RULING CITED
BY DISTRICT ATTORNEY
Statement Follows Conference With
Fitzpatrick and Judges Nc
Mahon and Given.

The entire blame for the wholesale
dismissal of open and shut" gambling
cases in police court last week for want
of prosecution, yesterday was placed
squarely on the shoulders of the police
officers involved by District Attorney
Leo A. Rover, in upholding the action
of his subordinate, Assistant District
Attorney John r. Fitzpatrick, who
brought the cases to the attention Of
Judge Ralph E. Given.
Following a conference with Fitz-
patrick, Judge John p. Mcmahon and
Judge Given in the latter's Office yes
terday, Rover said:
IF the police officers having the in
formation necessary to make out prose-
cution papers had appearedtat the as
Sistant district attorneys Office at the
appointed time; or if they had COM
piled with the regulations of their de-
partment requiring them to leave slips
with the office of the assistant district
attorney or with the clerk of the court
where their cases are to come up in the
event they could not appear, this thing
never would have happened"
Hesse Ruling Cited.
Rover cited a ruling of former Sup
erintendent of Police Edwin B. HeSse,
set down in 1927, which required police
officers ,having cases in more than one
court to make out slips so that prose-
cution attorneys or clerks of court
might know their whereabouts and SO
notify the court.
Six cases were dismissed by Judge
Given in Jury Court Wednesday when
Fitzpatrick informed the court that the
cases had been continued five times be-
cause officers had failed to appear at
his Office before court convened to make
out papers. Judge Mcmahon the fol-
lowing day dismissed larceny case
after Fitzpatrick Informed the court
that information papers had not been
filed at his Office. The accused prisoner
in this particular case, Fitzpatrick told
Judge Mcmahon, was being held in
jail.
Rover said that he would stand be-
hind" the action of Fitzpatrick in set
ting the details of the situation before
Judge Given. He criticized the report
CT Inspector Thaddeus Bean, in charge
of the vice squad, to Mai Pratt yester-
day, in which the inspector stated that
Fitzpatrick had insisted" upon the dis
missal of the cases before Judge Given.
Facts Placed Before Court.
"Mr Fitzpatrick merely placed the
facts suuarely before the court Mr.
Rover said, submitting them without
recommendation" Judge Given in dis
missing the cases at the time had said
that in the light of the facts, he had
no other alternative.
In indorsing the action of Fitzpat-
rick, Mr. Rover lauded the work of
this particular department of his office,
and late yesterday issued the following
written statement:
"As an illustration of the speeding
I'D of business in the Police Court, the
report of Assistant United States At
torneys Fitzpatrick and Adams, for De-
cembeT, 1880, which includes gambling
cases, but excludes liquor cases, shows
that on December /, 1890, there were
100 cases pending: that during sSe
month 460 cases were instituted, MAX
ing a total of $50; that during the
month CT December, SOS of these cases
were terminated, leaving IS cases pend
ing on January l, 1881. of which only
IS were actually at issue, 19 OF the IS
defendants being fugitives.
only 16 cases being actually at issue
at the beginning of the month sets a
record for all time in the Police Court
and it reflects great credit upon the
administration of that branch Of this
Office by the four assistants, namely,
Fitzpatrick, McInerney, Keogh and
Adams"
Neither Judge Mcmahon nor Judge
Given would make any statement fol-
lowing yesterdays conference.