Evening star., 1947-07-19
Two Mattresses
|SayFitzpatrnk
Cursed Them
Witnesses Testify
In Defense of Police
Accused of Beating

| ASao4Ak4oAAy S41ot UAAS SSAAA
witness apparently had been drink
ing and used profane language was
given today at the Police Trial Board
hearing of a series of charges
against Policemen James A. Stewart.
jr, IS, and Warren L. Garrett, 80,
growing out of their arrest of a
Georgetown student June 4 on a
charge of disorderly conduct.
The defense witnesses, Mrs. Mar
garet E. Poore, 1908 Twenty-fourth
street NV, and Mrs. Clara I. Allen
of the same address, both mattresses,
told the board they recognized the
student, Daniel j. Fitzpatrick, %.
from photographs as the man who
cursed" them in a restaurant at
Thirty fourth and M streets NV,
early on the morning of June 4.
Mrs. Poore said she and her friend
had gone to the restaurant for food
and asked Mr.. Fitzpatrick to move
to another seat so that they could be
seated together. She said the youth,
who appeared to have been drinking.
refused her request in a profane
manner and she and Mrs. Allen left.
This story was corroborated by Mrs.
Allen.
Tells of Seeing Blow.
Earlier prosecution witness, Will
liam S. Brassel of 1909 I street NE.
a streetcar conductor, told the board
he saw Policeman Stewart hit the
youth on the side of the face while
they were standing at Wisconsin
avenue and N street NV.
Assistant Corporation Counsel
John j. Donnelly, jr., said about four
prosecution witnesses remain to
be heard.
Inspector Clement P. Cox, Trial
Board chairman, expressed the hope
the case could be finished today.
but Defense Counsel James j.
Laughlin indicated his presentation
would require an additional session.
Repeats Blackjacking Charge.
Mr.. Fitzpatrick yesterday repeated
his charge Stewart struck him with
a blackjack without provocation.
Garrett, present at the time, tried
ineffectively to ward off one of the
blows, he added.
Mr.. Fitzpatrick said the incident
opened with Stewards leaving his
automobile and calling him young
college punk"
HE grabbed hold of me and tried
to stick his fingers in my eyes," the
student testified Then, he reached
in his pocket and pulled out a black
jack and hit me over the head with
it,"
Mr.. Fitzpatrick added Stewart &C
cused him of striking the first blow
and asked Officer Garrett if he had
seen it"
He said he had"
Denies Striking Stewart.
did you strike at him?" he was
asked.
mo, sir. I never raised my hand"
the witness replied.
The black jacking charge was
supported by Louis S. Cittadino, 80,
counterman in a little tavern shop
at 1901 Wisconsin avenue, who said
Mr.. Fitzpatrick had been drinking
coffee there earlier.
John H. Moore, %, East Falls
Church, Va, then counterman at
another shop of the same chain
at 1881 M street NV, told the
board, Stewart and Garrett had
been in that establishment the same
morning. Stewart drank from a
liquor bottle, and Garrett threat
ened Mr.. Moore and threw tomato
juice in the face of a fellow counter
man, the former employe testified.
Charles H. Brown, colored, 1861
Potomac street NV, declared Stew
art struck Frank H. Simmons, 1923
New Hampshire avenue NV, near
M and Potomac street, also on the
same morning
Several Charges Involved.
Earlier, Mr.. Simmons had refused
to confirm completely signed
statement read by Mr.. Donnelly in
which he had named Stewart as
his assailant. Orally, the witness
testified he heard Stewards name
mentioned by Mr.. Brown. but had
not seen the man who struck him.
Mr.. Donnelly obtained permission to
cross Mr.. Simmons as a
hostile witness, in view of the dis
crepancy.
The policemen have pleaded not
guilty to all the charges. Both are
accused of conduct unbecoming an
officer, neglect of duty and willfully
and knowingly making an untruth-
full statement to a superior officer.
In addition, Stewart Is charged
with drinking alcoholic beverages
while in uniform and off duty and
wilfully maltreating and using un-
necessary violence toward pris-
oner.
Capt. Walter Storm and Assistant
Corporation Counsel Oliver Gasch
are serving with Inspector Cox on
! the trial board,