Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-30


guilty to the two charges of robbery.
was sentenced by the Supreme Court of
the District OF Columbia to serve two
terms of 10 years each in the peniten-
tiary, made the charges In an affldavit
that Orville Staples was framed at his
trial by him (Schenck) and other on
GERS and ofneials OF the Police De-
partment and that he (Sehenckl and
others had testified falsely at the trial
OF Orville Staples. These charges made
oy Frederick A. Schenck. together with
other charges made by him against
certain officials in the United States
District attorneys Office for the District
OF columbia. were submitted to the
grand Jury OF the Supreme Court of
the DlStrict OF Columbia in the Jdly
term, 1891, for its investigation.
Cite Grand Jury Report.
The grand jury. as a result of It's
investigation, though not finding an in
olctment against any onf fled report
Iecltlng. IN part, as follows: I'VE find
that the testimony against Oryille
staples, on which he was dismissed
from the Metropolitan Police Depart
ment, was false in its entirety: that IL
was perjured testimony by incompetent
witnesses. We believe that this per
Jured testimony was secured by then
members of the Metropolitan Police De-
partment, who gathered these -incom-
petent witnesses together and, through
coercion, dureSS and inducement. caused
them to make false affidavits and give
false testimony" The grand jury re-
port then recommended that Orvflle
Staples be reinstated as a member of
the Police Department. that Joseph n
Hunt, member of that department. be
dismissed, and that all members of the
Police Department identified with the
Staples case be severely reprimanded or
more severely dealt with. After the
appointment of this committee the
supreme Court of the District of CO.
lnmbia declared this report of the grand
jury void. as being beyond its powers,
and ordered 1t expunged from the rec
ordS Of the court.
This committee has not found evi-
dence to sustain the charges that
OrVille Staples was framed at his
trial, nor that of false testimony. nor
that of procuring false testimony IN
less 1t be the admissions OF Frederick
A. Schenck in his affidavit.
ThlS committee has not found JUS
ttncation for the recommendation OF
the grand jury that Joseph H. Hunt
be dismissed from the Police Depart
ment nor do We recommend that
charges be preferred against him.
Commission Without Power.
This committee has not found EVIL
dence that would justify the Commits
sioners reprimanding, severely or 9TH
erwise, the members of the Police De-
partment, past or present, identified
with the Staples trial with the self
made exception of Frederick A.
Schenck) or in instituting any fur
Their inquiry in regard to them.
In conclusion, this committee Is Of
opinion that the conviction and dis
missal of Orville Staples from the
Police Department is res adjudicata'
and that the Commissioners are with
out power or authority to set aside
that finding or to order a retrial of
the case. in view Of section 473, title 20,
d. G.: Code, which provides, in part,
as follows:
land the findings of such trial
board or boards shall be flnal and con-
elusive unless appeal in writing there
from is made within five days to the
Commissioners of the District Of Col
umbia, the hearings on appeal to be
submitted either orally CT in writing,
and the decision of the said Commits
sioners thereon shall be final and con-
elusive. 1879
Suggest Action BY Congress.
"If. however, the Commissioners
should be of opinion that a public in
quiry by duly constituted board
should be made of the entire matter
under consideration with full power
and authority to subpoena witnesses
and put them under oath, (Which full
power and authority this committee
did not possess. application could be
made to Congress for such legislation
as might Subserve such purpose. This
suggestion is not intended as q recon.
mendation on our part that such course
be pursued"
Former Policeman Schenck, whose
testimony before the grand jury re-
suited in the issuance of the special re-
port condemning the Police DEPART
ment, was brought to Washington from
the Federal Penitentiary at Leaven-
worth at the request of the District
Commissioners so he would be available
to testify before the committee of law
yers. He is now being held at the Dis
trict Jail pending his transfer back 10
Leavenworth or Atlanta. The commit
tee visited the jail about q Month ago
to question Schenck and he fatty re-
fused to make any statement unless in
the presence OF newspapermen or other
witnesses.
May Not Call Civilian Board.
As the Commissioners have not yet
formally considered the findings of the
0pcCldL AOIuHlitUcG VI AdWyeESg bAlCy
have not yet given any attention to
the Extraordinary Civilian Trial Board
created last month to try any members
of the Police Department the Inyesti-
eating Committee should recommend
for prosecution.
The Trial Board, headed by DR.. VII
| liam Knowles Cooper, former general
secretary of the Y. M. G. A., has never
held an organization meeting. In view
of the report of the Committee of Law
yers, it may not be called into service,
although at one time it was thought
likely that the Trial Board would be
held in readiness to act on any cases
growing out of the study Corporation
Counsel william W. Bride Is making of
the evidence in SIS alleged brutality
cases uncovered by the Department OF
Justice
Staples declared after he was shown
the report: II am not surprised at
the report"
II advised the Commissioners after
the grand jury report that was salts
fed with the finding of that body" he
said. The Commissioners, the hand
picked board of five, the Police Depart
naent and the grand illry that yindi-