Evening star., 1934-03-30
W|LM0T, CLEARED,
MUST FACE SUIT
Mrs. Jardine to Press DAM
age Action Against
Capitol Police.

4htboAAiSyc 3OA LAoAC
intend to push her $4,000 damage
suit against Lieut.. Alfred Wilmot of
the Capitol Police despite the officers
! exoneration on assault charges by
Judge Isaac R. Hit in Police Court
yesterday.
Joseph c. Turco, who with Attor-
ney D. K. Offutt filed the suit in Dis
trict Supreme Court last week, de-
clared the trial would have no bearing
on the civil action, saying certainly
not when asked if the suit would be
withdrawn. He added that it would
probably be year before it was tried.
however, due to a crowded docket.
Judge Hit cleared the lieutenant
of wilfully striking and knocking down
Mrs. Jardine, a former circus per-
former. although the defense failed
to produce any eyeWitnesses. The
testimony of Wilmot, a half dozen
character witnesses. including Sem
ator and two Representatives, and a
final plea by William H. Collins, for
merly assistant district attorney,
comprised the defense.
Character Witnesses.
Judge Hit, in reviewing the case,
showed the character witnesses and
the fact that Wilmot's record was
clear influenced his decision. Repre-
sentative Cannon, Wisconsin, Demo-
crat; Chesley w. Jurney, Senate
sergeant at arms; James Dunn, Gus
todian of the Senate Office Building;
Capt. William S. Orthmann, chief of
Capitol Police, and Metropolitan
Police Inspector A. j. Headley testified
as to Wilmot's good reputation. 1t
was agreed to by counsel that Senator
Duffy and Representative O'Malley,
both Democrats of Wisconsin, would
say the same. although they did not
appear at court.
At one time one of the attorneys
referred to Representative OMalley as
Representative O'Connor" and a few
minutes later Judge Hit made another
slip of the tongue, calling him "Sena-
tor O'Connor." In each instance the
slip was corrected almost Immediately.
WIlmot denied he assaulted Mrs.
Jardine and that he was intoxicated
at the time of the alleged attack, on
March 49, He said he had had two
glasses of punch" Questioned by
Assistant District Attorney Louis
Whitestone as to why he failed to ap-
pear in Police Court to answer drunk
and diSorderly charges placed against
him by two park policemen as cli-
max to the "scufle" with Mrs. Jar
dine and her son, George L. Smith,
Wilmot stated he did not fight the
case because the publicity would in
jure his reputation whether he was
acquitted or convicted.
Declared to Be Drunk.
Policemen Robert Howell and Carl
HeStikind, who made the arrest, both
said Wilmot was drunk and appeared
"bewildered' Howell said Wilmot
requested him to help him take two
persons to his Office, and that he
took the lieutenant into custody when
he became abusive.
A number of witnesses said they
saw Wilmot strike Mrs. Jardine and
that they saw her fall. Judge Hit,
in stating that he believed Wllmot
may have been a bit intoxicated,
added that he had paid the penalty"
by the arrest and subsequent forfei-
ture of collateral.
Earlier, Mrs. Jardine, as the first
witness, told how she had been at
tracted to the street in front Of her
home, at 119 c street northeast, by
loud talking. She said her son had
left the house only few minutes
before. Looking out she saw man
later identified as Wilmot, pulling
Smith across the street, and she went
to his assistance. Wilmot, she said,
did not identify himself as a police
man and he was so drunk that even
if he had been in uniform I wouldn't
have trusted my boy to him."
Rebuked by Judge.
Smith described the happenings in
much the same fashion. The youth,
who said he was jockey, was drawn
into arguments with Attorney Collins
several times. He likewise appeared
excited, and both attorney and wit
ness were rebuked by Judge Hit.
Smith said Wilmot was arguing with
two men, both witnesses, as he waited
for a street car to take him to q
newspaper Office. Then the officer ac-
costed him and demanded his ident-
ity. Not knowing that Wilmot was an
officer, Smith refused and the trouble
started
Asked why he accosted Smith, Will
mot said he was proving about in
the archway of the Senate Office
Building Prosecutor Whitestone
brought out that Wilmot since the
incident, has not attempted to ques-
tion Smith or the two other men, Will
liam Harper, $40 Twenty-Second
street, and Elton Skinner, 2100 block
of Eighteenth street, about the
"prowling."
During the latter part of the trial
Whitestone became i'll and was on the
point of collapse when Assistant Dis
trict Attorney Karl Kindleberger
asked for Q recess.