Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-01-29
DISMISSED GAMING
CASES ARE REVIVED
/. BY u. S. ATTORNEY
Fitzpatrick Told to File New
Charges Against Six
Freed by Court.
ROVER HOLDS ASSISTANT
ABSOLVED FROM BLAME
Schuldt Dismisses Larceny Allega.
ton After officer Fails to
Appear at Hearing.

United States Attorney Leo A. Rover
today instructed Assistant United
States Attorney John r. Fitzpatrick to
file new informations in Police Court
today against six persons involved in
gambling cases dismissed by Judge
Ralph Given in that court yesterday
when the police officers in the cases
failed to appear.
Mr.. Rover announced that he con-
sidered his assistant as abSolved from
any blame in connection with the dis
miSsalS yesterday. He said in his
opinion the cases were dismissed under
misunderstanding.
Meanwhile, Judge Gus A. Schuldt in
the United States branch of the court
today dismissed a case of larceny
against a colored man because of the
failure of an officer to appear for the
prosecution.
The defendant in the case was Paul
Hill, colored, 19 @ street. charged with
larceny of two overcoatS from Richard
Gray of the tuberculosis Hospital.
When the case came up, neither the
complaining witness nor the police
officer, d. G. Fletcher, answered to the
call.
Carried to Court Room.
Fitzpatrick, the United States Attorney
in this case, also told the court an
officer had come to his Office with the
warrant on which he had arrested Hill.
The officer told Fitzpatrick he wished
to get rid of the warrant but knew
nothing of the case. Fitzpatrick said
further that when he refused to take
the warrant, the officer carried the
document to the court room and gave
70
bert McInerney, who was prosecuting in
that court. When Fitzpatrick learned
of this he went to the court room and
gave Judge Schuldt all the information
he had pertaining to the case following
which the justice dismissed the case
and ordered the prisoner released.
Rover received a report from Fitz-
patrick today on the six dismiSSals yes
terday in which he denied that he made
any recommendation for dismissalS to
the court, but stated only the facts
as to previous continuanceS and to the
failure of some of the officers to notify
MIN that they were in attendance on
the Supreme Court of the District. He
said that Officer F. A. Truscott had
left a slip at his Office at 1890 o'clock
yesterday morning explaining that she
would be in Justice Gordon'S court and
Officer F. O. Brass had informed AS
sistant United States Attorney Adams
on Tuesday that he and the other men,
bers Of Inspector Beans squad would
have to be in Justice Gordon's court
Wednesday. These facts, Fitzpatrick
reported, were made known to the court
by him, but he made no recommended
ton for dismissal.
misunderstanding Blamed.
Inspector Thaddeus r. Bean, who was
directed by Maj. Henry G.. Pratt, super
intendent of police, to investigate the
charges that the police vice squad
failed to appear in court, reported this
Rover had advised him that the dis
missal of the six cases was due to a
misunderstanding"
No action will be taken against the
officers involved, and Maj. Pratt in
dictated he was satisfied with the out
come of the investigation in view OF
the decision of Mr.. Rover to have new
informatiOns filed in Police Court
against the persons charged with gam
bling
Bean to Confer With Rover.
Mai. Pratt pointed out that appar-
emily no consideration was given the
fact that the vice squad members in
volved had been in court on previous
occasions when the cases were post
poned. Moreover, when the cases were
called yesterday, he said, the officers
were engaged in the District Supreme
Court.
With the Police Department inten-
sively working to stamp out gambling
in Washington, Maj. Pratt indicated
that he expected close cooperation of
the courts and the prosecuting officers.
And for that reason, Inspector Bean
was directed not only to determine
whether the members of the vice squad
were negligent, but to confer with
Rover to ascertain whether the Police
Department is getting the co-opera-
ton to which it is entitled.
Shortly after the cases were dis
missed Inspector Bean appeared in
Police Court to ascertain on what
grounds they had been. dropped. He
told Fitzpatrick the officers were in Dis
trict Supreme Court when the cases
were called. Fitzpatrick however,
pointed out his notices stipulated that
the officers should be available in Police
Court at $50 o'clock, while the District
Supreme Court does not convene until
half hour later He declared the OFF,
GERS did not appear in his Office at the
appointed time.
A similar situation came up last
week, and when policemen failed to APP
pear to prosecute cases on the assign
ment list, Judge John p. Mcmahon con-
tinued them.