Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-11-21
ALLEGED BEATING
HELD UNJUST|F|ED
Judge Proctor Will Make
Statement to Brutality
Z Jury on Monday.
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CONTINUED From First Psge)
Attorney Frank J. Kelly was included
IN the defense prayers being discussed.
He declined to separate the defendants
by designating any of them by name.
One Of the Governments requests
was amended so as to leave TO the jury
the decision as to whether a piece OF
rubber hose is a dangerous weapon.
as contended by the Government in
bringing a felony count against the
defendants.
The court granted a Government
prayer that the jury be instructed to
find all defendants equally guilty in
the event the jury finds that Harker
was assaulted in pursuance Of IAN
agreement among the defendants, and
that the agreement need not have
been formal" one.
The court agreed to a defense prayer
that the jury be given the usual in
struction regarding reasonable doubt
affecting possible guilt of the accused.
Other defense prayers granted lnciuo-
ed the right of the jury to disregard
any part of or all of the testimony CT
q witness believed to have testified
falsely to any material fact.
Final Arguments Monday.
Final arguments by counsel will be
presented before the jury Monday
morning at 10 O'Clock. The jury then
will retire to consider its verdict.
All four defendants told similar
stories on the witness stand yesterday.
They denied Harker was fiogged with
a rubber hose, struck with the hsts,
kicked or otherwise mistreated, ana
they declared he confessed voluntarily
IN a lunch room robbery when ms allpl
was broken down under questioning
in the sergeants room OF the precinct
station house.
MOstyn Conducted Quiz.
Roth GroomS and Burroughs also
said they did not question Harker IN
the sergants' room. MoStyn aomltteo
doing most of the quizzing.
The quartet said Harker's face was
swollen and his eyes were red ana
bloodshot when the questioning was
started. They said the prisoner APP
peared to be recovering from DAD
drunk
n niece of rubber hose, which the de-
Pendants identified as one seen about
the station house on various occasions,
hut which they asserted was not used
on Harker. The hose, 1t was testineu,
was used by the janitor TO flush drains.
It was with this hose, the Govern
mcnt charged that Mostyn whipped
Hsrker after the latter allegedly mad
been dumped on the floor from ms
chair by Latin.
skin Specialist Testifies.
The defense put DR.. Charles E. Camp
he'll skin specialist on the stand TO
testify that stripes shown In photo
oranh of Harker's back could have been
due to a disease known as urticaria, an
inflammatory condition of the skin due
to alcoholism, improper diet or otner
causes. Under cTOss-examinatlon ny
Rover. however, the physician conceded
the marks also could have been pro-
duced by rubber hose.
O'Shea called Irving A.. EichtenDerg
friend Of Harker who testified he asked
Earker where he got black eye ana
the latter said he did not know VINO
gave II To him. Rover's crosS-examl-
nation brought out that Lichenberg
Nad signed a statement tor the Depart
Tnent of Justice in which he quoted
Harker as replying They beat the
fl out of me" and that he speciaed
he meant lone Of them.
Admits Signing Statement.
Lichtenberg admitted he had signed
the statement Ano sam arc 'IiS.tt~,.
repudiate it, although his recoilection
now wss that Hafker replied that ne
did not know who had given MIN the
injury. 49, 80
neant's room by Department OF Justice
agents to ascertain whether q dlsturn-
ance in the rooms could be heard IN
the ONCE of Capt. w. E. Holmes, adj
Joining, was described to the jury by
two other defense witnesses, SergtS.
Clarence j. Musselman and Harry Q.
Blackman. Both said the demonstra-
ton showed that some noises could DC
heard in the captains ofnce, while
others could not.
Capt. Holmes had TESTIFIED earlier IN
the trial that he heard no unusual
sounds in the sergeant's room at the
time of the alleged beating of Harker.