Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-11-22
BRUTALITY TRIALS
OF TWOMORE NEAR
Cases Delayed to Await
Finding of Jury in First
Police Hearing.

With a jury in Criminal Division l
scheduled to retire tomorrow for a YER
dict in the trial of four first precinct
policemen charged with brutality. the
courts are ready to open the trials Of
two more officers involved In third
degree" charges.
Headquarters Detective Robert j.
Barrett, accused of an assault on
George B. Baber, suspect, since exon
Grated, in murder case, was due to
go on trial tomorrow before Justice
James M Proctor in Criminal Division
l, but in view OF the protracted pro-
ceedings in the Harker case 1t is ex-
pected the second Of the series Of "bru-
tality' trials will be delayed.
Policeman George Sorber, charged
with an attack last August on Arthur
T. Paul, prisoner, also was to be
brought to trial tomorrow in Criminal
Division 2. However, this trial prob
ably will be deferred also at request Of
Sorber's attorney, James A. O'Shea, who
must be in court tomorrow for three
of the four defendants in the Harker
case.
Reaches Jury Tomorrow.
The fate Of Precinct Detective James
A. Mostyn and Policemen William r.
Latin, William c. Grooms and William
T. Burroughs will be deliberated tomor-
row afternoon by a jury in Justice
Proctor's court, following final address,
es by opposing counsel and instructions
by the court.
Justice Proctor yesterday limited each
side to two hours for final arguments.
so that the case is likely to go to the
jury after 4 o'clock.
Before the jury retireS Justice Proc
tor will give the body thorough in
structions to guide it in weighing the
evidence and arriving at q verdict.
The nature of the courts charge to
the jury was discussed with counsel in
the absence of the jury yesterday.
Courts Instructions.
Among specific instructions which
Justice Proctor agreed to give at re-
quest of the prosecutor, United States
Attorney Leo A. Rover, were:
l. That in the event the Jury finds
Mostyn guilty Of having welded dam
gerouS weapon, to wit, a rubber hose,
on James Henry Harker, any co-de-
PENDANTS who were present and then
and thereby aided or abetted or assist
ed or melted or connived at such beat
ing" also are guilty.
2. That in the event the Jury finds
Mostyn and Latin guilty Of a simple
assault on Harker, any co-defendants
who were present and who then and
thereby" aided in the offense are
equally culpable.
3. That in the event the jury finds
the four defendants conspired to have
Harker beaten, even though the agree
ment was an informal one, all defend
ants are equally culpable.
4. That Harker'S previous criminal
record and his possible guilt in the
HOUSEKEEPING case for which he was
being questioned are not sufficient jus
tiflcation for the assaults allegedly in
f1icted upon him. The criminal rec
ord, however, may be considered by the
Jury in determining how much credence
to give Harker's testimony against the
police.
Right to Refuse Answer.
S. That the demeanor on the stand
of the witnesses and any motive that
might influence them in their testi-
money should be considered in weigh
ing the truth of their testimony, and II
the jury believes any witness has testi-
fed falsely his testimony may be dis
carded in part or in its entirety.
6. That Harker had constitutional
right to refuse to answer questions
asked him by the police In connection
with the robbery Of which the prisoner
was suspected.
Defense prayers for jury instruction
were granted as follows:
/. That the law presumeS the de-
Fapdoy1tc fpnoanpf until YrOVAY1 o1Ii1fU
beyond a reasonable doubt.
2. That If there exists reasonable
doubt of any fact necessary to estab-
lish guilt of the defendants, a verdict
of acquittal must be returned.
8. That If it is found any witness
testified falsely to any material fact
about which they could not be rea-
sonably mistaken, all or part Of the
testimony may be disregarded.
Presence Insufficient.
4. That mere presence at the scene
Of an alleged crime is not enough to
warrant conviction.
S. That circumstances Of a case may
be such that an established reputation
for good character would alone create
a reasonable doubt, although without
it the other evidence would be con-
vincing.
6. That if there is conflict Of testi-
mony, the jury may believe one witness
as against another, taking into con-
sideration the intelligence, interest and
apparent bias or prejudice OF the wit
nesses, as well as their manner OF tes-
tifying.
Justice Proctor refused four defense
prayers, and one was withdrawn Volun-
tarily after it was offered. The court
declined to instruct the jury to return
a verdict Of not guilty under both
counts. or to refuse to accord to Har-
ker's testimony the same credence given
witnesses who have no criminal record.
Two prayers were rejected because the
same points had been covered in Gov
eminent prayers. The prayer WithA
drawn asked that the jury be instructed
that Joint culpability exists when all
defendants are principals" who actual
ly participated in an offense.
Three Other Charges.
Mostyn has yet to be tried on three
additional assault charges, alleging at
tacks on three colored prisoners last
| August Dates for these trials will await
| the outcome of the present case.
Headquarters Detective Barrett will be
tried for an alleged assault on Baber
last April, while the detective was in
yestipating the Garden T Shoppe muir
der case. Barrett N charged with ifs
| tic attack on Baber, whom he sought
| to question as a suspect IN the case.
Baber was cleared of all connection
with the murder. Assistant United
| states Attorney Julian Richards will
prosecute Barrett.
|