Evening star., 1935-02-25
CRIME QUIZ HEARS
Of GAMING RAIDS
ON ]. s. WARRANTS
Police Prosecutor Claims
Expediency Rules in OBJ
tanning Authority.
CITES d Pm. CLOSING
OF COURT BUILDING
Kindleberger Turns on Fitzpat-
rick Under Steady Questioning
on Absence of Records.

Karl Kindleberger, assistant United
States attorney in charge of Police
Court prosecution, told the House
Crime Investigating Committee today
that "expediency" was the only rea-
son he knew for the police vice squad
procuring some of its warrants for
gambling raids from the United States
commissioner instead of at his Office.
John r. Fitzpatrick, counsel for the
committee. who formerly was assigned
to the Police Court Office when he was
an assistant United States attorney,
questioned Kindleberger several times
about the gambling warrants. Each
time he declared he knew of no rea-
son other than eXpediency, pointing
out that his Office closed early in the
afternoon and that the Police Court
Building itself was usually locked up
about 4 o'clock.
Kindleberger was called to the wit
ness stand in place of Police Inspector
William G. Stott, who had previously
been summoned. Chairman Randolph
said the police official would be ques-
toned later. The committee intends
to discuss with him various Police
Trial Board cases in the last several
years. Stott at present is chairman
Of the board.
Turns on Fitzpatrick.
Fitzpatrick first questioned Kindle.
berger about records of the issuance
of warrants and he admitted none hao
been kept because about SO per cent
of those applied for are granted and
that he and his assistants could re-
member the remaining ones.
Kindleberger insisted he had not
ordered the keeping of records because
1t had never been done.
You were there, you ought to
know" he said to Fitzpatrick.
I'm asking the questions" Fitzpat-
rick replied. 1T always was done"
Where are the records now?" in
quired Kindleberger.
They're in the court house now. or
should be there" Fitzpatrick answered
There were no records in my office
when I took it over" said Kindle-
berger.
Says No Complaints Made.
Fitzpatrick next questioned Kindle-
berger about the attitude of the Police
Court judges toward his office. and
he said he had never heard a COM
plant. Several judges, he explained,
had suggested changes in charges of
so-called "borderline" larceny and as
sault cases, and as a result they were
sent to the grand jury instead of being
prosecuted in Police Court on infor-
nation.
In one month last year, however,
Kindleberger pointed out, % of these
"borderline" cases sent to the grand
jury were ignored. He explained this
situation as the fault of witnesses
who soften down" after making
charges.
II have had cases in which wit
nesses are very anxious to prosecute" !"
he said. They testify before me very
positively. but when they go before
the grand jury several days later they
don't tell the same story. The soften
down"
Cites Case to illustrate.
As an illustration, Kindleberger cited
the case of two Army officers as
signed to C. c. C. camp, who were
arrested on complaint of two colored
women on charges of assault with a
dangerous weapon and carrying con-
cealed weapons. The grand jury ig-
nored the assault charge, he said, on
the theory that the officers were try-
ing to pick up" the women and had
no intention of robbing them, as at
first believed. He said he nolle
pressed the concealed weapon charge
when it was shown the officers were
authorized to carry weapons.
"On the morning after the men
were arrested" Kindleberger declared,
the women we're angry and wanted to
prosecute. Three or four days later,
when the case went before the grand
jury, there had been a cooling time. u
Kindleberger said his basic salary is
$4,000 year, and he said he engaged
in private practice to limited extent
as well as several other assistants in
his Office. He pointed out that this
Is permitted in the judicial code.
Peters Case Comes Up.
Just before the luncheon recess. Kin
dleberger was questioned about the
so-called Peters case involving him
self, a Washington policeman and
Edward Buckley, a former Central
High School foot ball star, who is
now engaged in the practice of law.
kindleberger said he would tell the
complete story just as he had to a Mr.
Hickey of the Department of Jus
tice and United States Attorney Leslie
c. Garnett. The committee, however
recessed before he had an opportunity
to indicate the nature of the case
The entire afternoon session will be
devoted to this case.
Kindleberger had proceeded to tell
how he met Buckley and had taken 9
trip to Pittsburgh with him in the
automobile of a friend, Paul Nc.
Hallum, whom he met in the French
Ambulance Corps, when the commit
tee recessed.