Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-11-25

Precinct Detective James A..
Mostyn and Policeman William r.
Latin of No. / precinct were con-
victed by a jury in Criminal
Division No. / this afternoon OF a
third degree" assault by hand on
James H. Harker on August %
last.
Policemen william c. GroomS
and william T. Burroughs were
acquitted on both counts of an in
dictment charging felonious and
simple assaults, involving the al
legged use of a piece of rubber hose
and a beating with the fists.
The jury reported its verdict at
1925 o'clock this afternoon after
more than A hours of delibera-
ton. The finding was announced
by Ward T. Mixsell, foreman.
Acquitted on First Count
The jury's decision acquitted both
Mostyn and Lafiin on the first count Of
the indictment. which charged that the
defendants assaulted Harker with "a
dangerous weapon, to wit, a piece Of
rubber hose"
The testimony IN the case showed
that the exonerated officers, Grooms
and Burroughs. took no physical part
in the assault, but that they were
present in the room during the beat
The Jury required 1--WE ballots to reach
its verdict, IL was disclosed. The hrst
vote was Z TO for conviction OF
Mostyn and Latin In the simple
assault charge, the second vote was
to 4 for conviction, the third ballot 10
to 3. the fourth II to and the nth
ballot unanimous for conviction of the
pair.
Acquitted Pair Discharged.
After United States Attorney Leo A.
Rover, who prosecuted the policemen,
had told Justice James M. Proctor there
were no further charges pending against
Grooms or Burroughs the court ordered
that they be discharged.
On motion of defense counsel, James
A. O'Shea, the court released MoStyn
and Latin on their present bond OF
81 900 each, The Government offered
no objection. O'Shea was given four
days in which to prepare motion for
O new trial.
Justice Proctor dismissed the jury
after expressing his appreciation Of the
service they had rendered and his per-
sonal pleasure in having served 18th
them.
The Jury, which had been out since
4 o'clock Monday afternoon, sent word
from the jury room at 1920 o'clock
that 1t was ready to report. The four
defendants who had been impatiently
pacing the court house corridors, in
company with their attorneys, hurried
into the court room and took seats in
front of the bench.
When the jury had taken its place
in the box, the clerk asked the fore
man If q verdict had been reached.
Foreman Gives Verdict.
1--WE have" Foreman Mixsell replied.
what is your verdict with regard to
the defendant, James A. Mostyn, on
the first count of the Indictment" the
foreman was asked.
Not guilty" was the response.
What is the verdict with respect to
the defendant Mostyn on the second
count?"
Guilty"
What Is your verdict with respect
to the defendant. william r. Latin,
with respect to the first count of the
Indictment"
Not guilty"
What is your verdict with respect to
the defendant, Latin, on the second
count?"
Guilty"
The clerk then asked the same ques-
lions with respect to Burroughs and
Groome, and in each case the reply
was, mot guilty"
Charged Beating With Hose
The first count of the indictment re-
turned by the october grand jury
charged that Harker, young apprentice
baker. was beaten with a piece of rub
Der hose held by Mostyn and that Laf-
lin, Grooms and Burroughs participated
in the alleged felonious attack Con-
viction on this count would have sub
jected the defendants to liability of a
10-year prison term.
The second count charged that Mes
tyn and Latin attacked Harker with
their hands in the presence of Grooms
and Burroughs. Mostyn and Latin face
a possible one-year sentence or a fine of
$500 or both as the result of their con-
Yiction Of simple assault.