Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-11-19
POLICEMEN DENY
HEARING SCREAMS
'AT FIRST PRECINCT
Continued From First Page.)

roughs in arresting Harker In an alley
near North Capitol and H streets, re-
lated in detail how the arrest was ef-
fected while he and the policeman were
investigating the robbery Of lunch
room at 727 North Capitol street.
He said that Harker was seen near
the rear of the lunch room while he and
Burroughs were walking through the
alley; that Harker ran when accoSted
and that he was caught, questioned as
to his reason for being in the vicinity
at the early morning hour and taken
to Sandy's bakery, nearby, where he
was identified as an employe. After
Harker had been confronted with q
man who identified the captive as the
man he had seen in front of the lunch
room on the morning of the robbery,
the officers then took him to a patrol
box and thence to No. ! police station
Says Face Was Swollen.
At this time, Fitzgerald testified
Harker's face appeared red and swollen
on the left side.
At the station house, the jury was
told, Burroughs quizzed Harker In con-
nection with the robbery and confronted
him with Thomas Curtain, who identi-
fed Harker as his companion in front
of the lunch room on the morning in
question.
United States Attorney Rover sub
jected Fitzgerald to a gruelling cross
examination, with particular reference
70 the appearance of Harker's face at
the time Of his arrest and in Police
Court later. Fitzgerald said, In re-
Spouse to specific questions, that there
were no scars, marks or diScolorations
on Harker's eyes or ears at the time
Of his arrest. When he saw him in
Police Court, after the alleged beating
had taken place, Fitzgerald said Har-
ker had a black mark under one eye.
Rover questioned the witness at length
as to the exact condition of this eye
and when the whole court room burst
out in laughter at one point at this
line OF questioning. Justice Proctor
asked the deputy marshals If they
joined in the demonstration. The
marshals replied in the negative,
whereupon the court warned that any
further outburst would result in clear
ing Of the court room Of spectators.
shown Signed Statement.
After Fitzgerald had insisted he
could not say that Harker actually
had "a black eye" or that it was
witness q signed statement secured
from him by Department Of Justice
agents, in which Fitzgerald was quoted
as saying Harker's eye was badly dis
cclored.
Rover repeatedly Intercepted Fitz-
gerald as to why he had signed the
statement to that effect and the wit
ness said 1t was due to "misunder-
standing" and that he had signed the
paper without having read 1t over care.
fully. During the height OF this Wig
orous cross examination, Defense At
torney O'Shea entered an objection
which prompted Rover to calculate, u
presumed you would object" O'Shea
Immediately protested to the court
against Rover's remark and moved that
one Of the jurors be withdrawn because
Of the misconduct Of the district attor-
ney," which would have resulted IN q
mistrial. The court denied the motion
but agreed to have the remark stricken
from the record.
On further questioning by Rover
Fitzgerald admitted he had initiated
each Of the three pages Of the state
ment and when he was asked to ex-
plain If he had done that to indicate
that he had read the pages and vouched
for their contents, the Waterman said
he did not know "just what to say"
On redirect examination, Fitzgerald
said he did not write the statement, but
signed 1t after Department Of Justice
agents had written 1t during an inter-
view with him.