Evening star., 1947-06-13
Police BEATING
Cases Delayed;
Private Fined
GotIin Pleads Guilty
To Working Under
Influence of Liquor

Pleading guilty to working under
the influence of liquor, Pvt. L. E.
Gatlin was fined 500 by the Police
Trial Board today and restored to
duty. The board granted post
ponements until July 18 in the hear
ings for Pvts. James A. Stewart, jr.,
IS. and Warren L. Garrett, suspend
ed since the arrest and alleged beat
ing of a Georgetown University
student.
The student, Daniel J. Fitzpatrick,
"a, was acquitted in Municipal Court
yesterday on disorderly conduct
charge filed after his arrest by the
two policemen last week.
Pvt. Stewart is accused of will
fully maltreating and unnecessary
violence toward Mr.. Fitzpatrick, who
asserted he was beaten over the
head by a blackjack. With Pvt.
Garrett he is charged with conduct
unbecoming an officer and willfully
and knowingly making an untruth-
ful statement to a superior officer.
LaughIin Sees Long Case.
In discussing the continuance,
Attorney James ]. Laughlin said he
had number of witnesses, and
commented, "It's going to be long
case"
Assistant Corporation Counsel
John j. Donnelly, who was prose-
cutting, said Mr.. Fitzpatrick was to
leave last night or this morning for
his home in Boston, where he would
remain until July 6. He said he felt
the youth, who is taking four
year college course in two years,
should not be deprived of his time
at home.
DR.. Fred Y. Williamson, police
surgeon, testified today that when
Pvt. Gatlin was brought to his home
at 3619 Legation street NV. by
Inspector Lloyd Kelly last Saturday
he concluded the policeman was
under the influence of alcohol. He
said Pvt. Gatlin had an odor Of
alcohol on his breath, trembling
hands, red and swollen eyes, a slight
sway and incoherent speech.
Escorted by Inspector.
Inspector Kelly testified he took
the policeman from the precinct to
the surgeons home because he was
not sure whether Pvt. Gatlin was f1t
for duty, although the officer was
not what is commonly termed as
drunk by any means"
- r,4fino@ puf Hotlty1
acted in an unusual manner when
he sought to question the policeman
Saturday afternoon regarding his
directing some men to leave a
tavern" on June 4. He said Pvt.
Gatlin said he had had bottle Of
beer earlier.
Pvt. Gatlin was criticized last
Friday by Municipal Court Judge
Walter j. Casey for failing to arrest
both principals in a tavern fight, as
a result of which another George
town student, Robert McCole, %, of
1885 Legation street NV, appeared
in court on charge of disorderly
conduct. Judge Casey dismissed
the charge.
Pvt. Gatlin, former marine, was
appointed to the police force in
November, 1943. According to In
spector Walter H. Thomas, acting
major and superintendent of police,
he has a good record. He lives at
5O7 Timber lane, Falls Church, Va.
The Trial Board included Capt.
BENJAMIN. Kuehling of the fourth
precinct, Inspector Clement p. Cox
and Assistant Corporation Counsel
Oliver Gasch.
In finding Mr.. Fitzpatrick not
guilty yesterday, Judge Nadine Gal
lagher said he was "the innocent
victim of a very distressing incl
dent"
He was arrested June 4 by Pvts.
Stewart and Garrett at Wisconsin
avenue and N street NV. Both
policemen were off duty at the time
of the arrest.
Says He Was Blackjacked.
Mr.. Fitzpatrick testified that Pvt.
Stewart struck him several times
without provocation before he was
arrested. He said once the policeman
hit him with a blackjack and also
tried to stick his fingers in my eyes,
Six days before the arrest at Wis
consin avenue and N street, Pvt.
Stewart had arrested Mr.. Fitzpatrick
in tavern in the 1900 block OF
Thirty-sixth street NV. On that
occasion Mr.. Fitzpatrick was charged
with drunkenness and disorderly
conduct. Judge Gallagher Tuesday
fined him IS for disorderly conduct
as result of that incident but dis
missed the drunkenness charge.
Policeman Charges Threat.
Pvt. Stewart testified he arrested
Mr.. Fitzpatrick the second time after
the student had cursed him and
threatened "to get" him.
Paul Ward, 1925 Wisconsin avenue
NV, said he was with Mr.. Fitzpat-
rick at the time of the arrest and
saw Pvt. Stewart strike him sew
eral times, one time using a black
Jack. He said Mr.. Fitzpatrick did
nothing to provoke the attack. Ward
said he had been arrested 27 times
but was not prejudiced against police
officers.
Louis G. Cittadino, an employe of
the sandwich shop which Ward and
Mr.. Fitzpatrick had visited before
they were arrested, said he saw Pvt.
Stewart hit Mr.. Fitzpatrick twice
but did not know whether it was
with an instrument or his fist. He
also said Mr.. Fitzpatrick did nothing
to provoke the attack.
He said he heard Pvt. Stewart
threaten "to fill Paul Ward full OF
lead if he said anything" about the
matter. .....
Both Pvt. Stewart and Pvt. Gar
rett denied they had been drinking
prior to the arrest or that they had
blackjacks in their possession at
the time.
P;Il fo~ C,e>.1I DaI:ra