Evening star., 1931-12-17

Continued From First Page)
duct Of this kind on the part Of their
appointive officers, but will administer
prompt and adequate punishment.
The report Of Mai. Lane, dated De-
cember II, follows:
AT your request I asked Mr.. Hen
derson of this Office to attend the trial
of Thomas p. McAvOy. a photographer
OF the Washington Daily News, held at
the Police Court in HyattSville on De-
cember 9. l beg to submit herewith a
report OF the proceedings fer your con-
sideration:
"McAvoy was charged with disorderly
conduct and aSsaulting one of the
Prince Georges County policemen at
BladenSburg following an inquest held
there on the night of December 4, 1881
to inquire into the homicide committed
at the Colonial Tea House. McAvoy
laid no charge against the officer, al
though he suffered severe injury in
the encounter
1T appeared from the testimony that
McAVoy was present together with
other newspaper men, for the purpose
OF taking photographs. A hearing was
held in the fire house, and at the re-
quest Of the fire authorities the coroner
issued an order that no pictures were
to be taken in the building The pho
tographerS gathered outside with an
idea OF taking f1ashlight pictures of the
prisoners and automobiles after the in
quest was over
Marshal Opposed Pictures.
Officer Ralph Brown testified that he
asked one of the United States mar
shals whether any picture-taking was
to be permitted outside Of the building
and that the marshal told him no pic
lures were to be permitted: that he and
the other officers undertook to carry
out this order, although he admitted
that he had received no such order
from his superior officer or from the
coroner or States attorney, who were
inside the building He further stated
that he ordered McAvoy not to take
any pictures or he would hit him with
his blackjack and further stated that
ne was sorry he had not struck him,
Dut that his attention had been diverted
10 other members of the newspaper
party. incidentally, it was this officer
VINO took camera away from one of
the other newspaper men connected
with the Washington Post, and this
camera was not returned until several
days later.
The testimony showed that Officer
Howard Slater warned McAvoy that he
would strike him if he attempted to
take a picture. and backed McAvoy
ABOUT 80 feet away from the entrance
AS the cars started away from the en-
trance, McAyoy attempted to avoid
Ohcer Slater to take picture, in de-
n
upon struck by the officer with a black
jack, and his scalp severely lacerated
neceSsltating two stitches. Several of
the officers understood to say that Nc
Avoy had attempted to strike the
officer with his flashlight and had then
cropped the f1ashlight and struck the
officer in the mouth before he was
struck by the officer. This statement
was denied by numerous witnesses.
Charge Found False.
"At the conclusion of the testimony.
Police Justice J. Chew Sheriff found
the photographer not guilty on both
charges. laying stress on the fact that
the photographer was backing away
from the officer holding his camera in
one hand and f1ashlight in the other,
at the time of the alleged assault.
"A deputy U. S. marshal testified
that he escorted the prisoners out Of
the building in company with Marshal
Collier, and three other deputies, and
to picture taking nor did the marshal
or any of the other deputies give such
an order. While it Is conceivable that
the local officers may have received an
order from one of the other deputies.
or that they may have misunderstood
the scope Of the coroner's original
order, it is my belief that no order with
reference to taking pictures outside the
building was ever given by any one. and
that the action of the police officers
was entirely cfflcious.
Camera Deliberately Destroyed.
II further feel that the officer was
not justified in striking McAvoy under
the circumstances. 1t was stated with
out contradiction, that when McAvoy
asked by what authority he was forbid
den to take a photograph on the public
highway, Officer Slater brandished his
Blackjack and did not at that time
refer to the statement now attributed
to the depuy U. S. marshal. 1t was
admitted that McAvoy was not placed
under arrest until after he was struck
end knocked down in the gutter. There
was also testimony that the officer de-
liberately stamped upon and broke up
his camera.
These police officers are I believe,
appointed by the county commissioners
of Prince Georges County. under the
authority of Chapter 231 of the Acts of
1881. Section 9 provides that the
county commissioners Of Prince
Georges County shall have full author
ity and supervision over any and all
members of said police force, and shall
pass such orders and regulations gov
erning their actions as said commits
sioners in their discretion shall, from
time to time, deem necessary
Under the facts as developed in this
case, I would unhesitatingly recon-
mend that YOU request the county COM
mfSsioners cf Prince Georges County to
take disciplinary measures against
Officers Brown and Slater I personally
an inclined to think that they should
both be dismissed from the force"
At their weekly meeting Tuesday
the county commissioners directed
Slater and Brown to appear before
them next Tuesday to give full ex-
planation" for their action at the
inquest.
AS the board meets only once a week,
the Governors letter will not come be-
fore the commissioners officially until
next Tuesday.