Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-11-18
BRUTALITY CHARGE
AGAINST DETECTIVE
IS NOLLE PRESSED
Rover Hats Trial of Four
Policemen to Clear Will
liam Messer.
SUFFICIENT EVIDENCE
FOR CONVICTION LACKING
Defense Wins Right to Question
Harker as to Possible Con-
nection With Robbery.


interrupted the prosecution of four first
precinct policemen on third degree"
charges in order to nolle PROSE- a bru-
tally charge against Headquarters De-
tective William Messer, one Of 18 police
men indicted as result Of the Depart
ment of Justice investigation Of the
Police Department.
Messer, veteran members of the De-
tective Bureau, was Jointly indicted
with Policeman Jesse F. Hasty on
charge of teloniously asSaulting Ralph
Ware on July 4 last in connection with
the latter's arrest for investigation, fol-
lowing theft of flag from the build
ing where he was employed.
Rover announced before Justice James
M. Proctor in Criminal Division No.
that a careful investigation OF Messer'S
alleged connection with the case had
convinced the Government that insult
ficient evidence existed to warrant the
detectives prosecution on the brutality
charge. Rover told the court he could
not "conscientiously" prosecute Messer.
Hasty Remains Charged.
1t is understood the Government
learned that Detective MeSser remained
in a police automobile parked outside
the building in which Ware, 1t Is
charged, was attacked Another police
man, Milton B. Groves, also was in
dicted for an alleged simple assault on
Ware on the same occasion. Policeman
Hasty remains charged with an attack
weapon, to wit a wooden club"
The court, after recording the nolle
PROSE- in Messer's case, announced
decision in favor of the defense with
respect to efforts of the latter to cross
examine James Henry Harker, star wit
ness against the four police defendants,
as to his possible connection with
robbery with which he had been
charged.
The issue had been raised yesterday
afternoon by objections from the prose-
taken by Defense Attorney James A.
O'Shea.
wide Latitude" for Defense.
O'Shea commended he should be per-
mitted to bring cut, If possible, that the
defendants, Precinct Detective James
A. Mostyn and Policemen William r.
Latin, William G. Groomes and Will
liam T. Burroughs, had arrested Harker
in connection with their investigation
of lunch room robbery and that they
had obtained discriminating statements
from Hsrker.
should be ven wide latitude" in an
effort to show that Harker was guilty
OF the robbery in connection with which
he was being questioned by the police,
the court holding that the defense is
entitled to endeavor to show motives
which might influence Harker to testify
against the police.
Judge Advises Harker.
After giving his opin on, Justice
Proctor called Harker to the stand,
in the absence of the jury, and advised
him OF his constitutional right to refuse
to answer any quest on tending to in
criminate him.
Acting under this ruling of the court,
the defeNCe attorneys questioned Har-
ker closely as to his movements on the
night OF the robbery and endeavored
to shake the witness in his statement
that the money which he had on his
person had been won in a crap game
Under questioning by O'Shea, Har-
ker told Of visiting a bootleg Joint"
on Fourth street early on the morn
ing IN question and of proceeding to
an alley near North Capitol and H
streets, here he said he won SITS or
$50 In a craps game with six men.
Inc witness admitted that later that
morning he went TO the Atlas Hotel
and registered under the name of Joe
HANCOCK. He said he took room there
10 sober up.
Denies Conflicting Stories.
Under continued cross-examination
Harker denied having given conflicting
explanations to the policemen on trial
regarding the source of the money he
accumulated on the night of the rob-
perry. He insisted he won the sum in
a crap game with six strangers whom
ne met IN the rear of a vacant house
on North Capitol street net far from
the scene OF the breaking.
HarKer described IN iurther detail
what ne declares took place behind the
clcsed doors OF the sergearts' room ut
NO. l precinct on August %, last. He
oenled having given false answers to a
numper OF questions asked him by his
alleged inquisitors.
Harker Is Excused.
Frank j. Kelly, attorney for Bur-
roughs, asked the witness if his client
abused him (Harker) at any time from
the time OF the arrest. Harker said
Burroughs had not mistreated him.
O'Shea asked if Grooms had laid hands
on him, and Harker replied in the
negative. He previously mad testified
that Mostyn struck him with his fists,
kicked him on the shins and beat him
with piece of rubber hose, and that
Latin had hit and kicked him.
Rover then took the witness and
asked II 1t were not true that Grooms
and Burroughs were present while the
alleged beating was being administered,
and Harker replied afirmatively. Har-
ker tnen was excused from the stand.
This afternoon the Government will
put number of other witnesses on the
stand preparatory to closing the prose-
cution. 1t is expected defense wit
Hn