Evening star., 1947-06-11
Georgetown Student
Planning 70 Appeal
s. Disorder|y Fine

charges against DdIllel y. rltl-
patrick, %, Georgetown University
student, was headed for the NUM-
cipal Court of Appeals today, as the
Government prepared to take the
other to trial tomorrow in Municipal
Court.
Judge Nadine L. Gallagher Of the
lower court found Fitzpatrick guilty
of disorderly conduct yesterday but
dismissed a charge of drunkenness
arising from the same arrest. The
charges were placed by Policeman
James A. Stewart, jr., 35. after he
had taken the student into custody
shortly before midnight May 29
in a tavern at 1900 Thirty-sixt
street NV.
Stewart is one of two No. 7 Pre-
cinct policemen facing a trial board
hearing on charges linked to the
second arrest of Fitzpatrick last
Wednesday.
Four Hours of Testimony.
After hearing more than four
hours of testimony yesterday, Judge
Gallagher fined the defendant $5 on
the disorderly conduct charge. AT
the request of Fitzpatrick's counsel
Edward B. Williams, she suspended
the sentence, pending appeal.
Assistant Corporation Counsel
Clark King prosecuted the case yes
terday. The case, based on the ar.
rest Of last Wednesday,, has beer
set for 1880 pm. tomorrow.
Mr.. Williams argued yesterday the
two cases should be heard together
but Judge Gallagher pointed Out
the latter one had not been placed
before her.
The case tomorrow will. be heard
by another judge.
Two Policemen Suspended.
Stewart and Pvt. Warren L. Gar
rett. 80, were suspended by Acting
Police Superintendent Walter H
Thomas when Fitzpatrick COM
planned he had been struck with q
blackjack by the former after as
sertedly being arrested without
provocation while waiting for a
streetcar at Wisconsin avenue ano
M street NV. early last Wednes-
day. Pvt. Garrett was not involved
in the earlier arrest.
Fitzpatrick took the stand yester-
day to testify he most certainly
was not" drunk when arrested in
the Thirty sixth street tavern. He
said he had spent part of the eve
ming studying, had had one glass of
beer and three, sandwiches in one
restaurant and had been served an
other glass of beer when he visited
the second establishment while look
ing for schoolmate.
He denied he had resisted arrest
cursed police, threatened to "get
even" or had become disorderly in
a scout car or the station house.
righteous Indignation"
IT displayed what I consider to be
righteous indignation" he testified
adding he indicated he would
take proper steps"
When asked by Mr.. King why he
had elected to forfeit collateral and
later decided to stand trial, he ex-
planned he always had intended to
fight the case but could not appear
in court earlier because of study for
examinations.
Stewart testified the defendant
was "swaying on his feet" at the
time of the arrest and had cursed
and become unruly en- route to the
station and while being booked
there. Other police supported his
statements with respect to the dis
orderly conduct. The defense placed
on the stand a number of employees
of the restaurant and a group OF
fellow students who were present
at the time. All testified Fitzpatrick
was not drunk or unruly there.
Lawyer Gives Statement.
MIR. Williams told reporters after
the trial ended he could not recon-
cile a conviction on charge Of dis
orderly conduct with acquittal on
a charge of drunkenness which al
legedly gave rise to the disorderli-
ness. Because, of this, he said, he
planned to take the case to the
Municipal Court of Appeals.
Stewart and Garrett are due to
60 before the trial board Friday
Stewart is accused of willfully NAL
treating and unnecessary violence
toward a prisoner, conduct unbe-
coming an officer, drinking alcoholic
beverages while off duty and in
uniform, wilfully and knowingly
making an untruthful statement to
superior officer and neglect OF
duty.
Garrett Is charged with neglect
of duty, conduct unbecoming an
officer, and willfu4ly and knowingly
making an untruthful statement to
a superior officer.
Another No. Z Precinct police
man, Pvt. L. E. Gatlin, suspended
after being found unfit for duty
also is due to face the trial board