Evening star., 1948-12-07

Grill Planning Appeal
As ABC Board Denies
Plea for Rehearing
The case of Mitchells Grill, 6
modest eating and drinking estab.
lishment at 235 G street NV, which
has shaken the Police Department
from top to bottom. was on the way
to the District Commissioners today
after the Alcoholic Beverage Contro
Board refused to reopen the case
The board refused to act yester-
day, after hearing Maj. Robert j
Barrett, superintendent of police
and Pvt. Samuel E. Wallace Maj
Barrett angrily denied he had eve
instructed any policeman on how tt
testify. Pvt. Wallace retractet
earlier testimony that the police
chief had told him to avoid mud
in presenting evidence
against the grill.
F. Joseph Donohue, attorney fol
the Grill, announced he will appea
to the Commissioners. He asked fol
a stay in the boards order, suspend.
ing the license of the Grill from
December 10 to January 81. The
board revised its order to make the
effective December Is
to give Mr.. O'Donohue 10 days In
which to file his appeal.
Plans Eleventh Hour Appeal.
Mr.. Donohue told the board he
plans to file his appeal on 1.-The last
hour of the last Gay" since that
action automatically delays suspen-
sion of the license until the appea.
has been disposed of.
The board found the Grill man.
agement guilty on November 80 Of
violating ABC regulations on Al Of
the 81 charges made against the
establishment by Pvt. Wallace. Or
the same day, Maj Barrett callec
a press conference ~ which Pvt
Wallace appeared to tell reporter
he had erred in telling the ABB
Board that the police chief had IN
structed him not to mention tn
fact that policemen frequented tn
grill, because the department
wanted to avoid mud-slinging.
Mr.. Donohue, on the basis of Pvt
Wallace's statements to the press
filed a motion to reopen the case
He told the board yesterday he
acted because he felt that, since
Pvt. Wallace had changed his story
his uncorroborated testimony on
which the grill was convicted should
be set aside.
Sees Unfair Treatment.
When Maj. Barrett took the
stand, he told the board he did not
want his photograph taken "in this
room" He said he felt he had not
been treated fairly when he was not
called before the board last month
after Pvt. Wallace had testified
After the board made its deci-
sion," Maj. Barrett said, Il called
a press conference, because I felt
it was my duty to get word to the
public that l have never told any
policeman how to testify. I have
never mentioned throwing mud in
my life"
Describing Wallace as "a fine
officer, an ideal officer and clean.
cut man." Maj. Barrett said ht
knew the young officer had made
an honest mistake" in his testi.
He ordered Pvt. Wallace
transferred from the plainclothe:
duty with the Vice Squad after he
testified because press photograph:
had ruined his usefulness as ar
man, Maj. Barrett said
But at the time of the transfer, Maj
Barrett said, he called Pvt. Wallace
to his Office and congratulated hin
on the way he handled himself
at the hearing"
Traces Statement to Blick.
Pvt. Wallace told the board he
had informed reporters at Maj
Barrett's press conference that ht
had made a mistake in his Abe
Board testimony. and wanted then
to know it was 1t. Roy Blick, CHIEF
of the Vice Squad, and not Maj
Barrett, who had told him not tc
testify as to the presence OF po'
licemen in Mitchell's Grill.
Under questioning he insisted thai
it sis my best recollection tina,
Mai Barrett had not discussed his
ABC Board testimony with him
He was positive" he said, that
1t. Blick had told him to avoid
understanding" but he could moi
be positive" about Maj. Barrett.
I'm not positive because I die
not pay much attention." he testi'
fed.
1t. Blick testified Pvt. Wallace
came to him before he was to testify
in the case and said he was worried
because a number of policemen
we're prepared to testify for the
defense.
II told him, wallace, you have
nothing to fear" 1t. Blick testi.
fed. "All you have to do is tell
the truth, but don't get excited and
start singing mud"
1t. Blick said he had high re-
gard for Pvt. Wallace.
Newspapermen who attended Maj
Barrett's press conference also
testified.
Policemen Defended Grill.
The first repercussion in the
Mitchells Grill case came when
Pvt. Frank Manthos, known as the
"one-man vice squad" took the
witness stand for the defense and
aid he had been in the grill every
,ight Pvt. Wallace said he was there
md had seen nothing untoward
,ccur. Pvt. Manthos testified Pvt
Wallace told him he had placed 81
.harges against the grill to sand
,ag" the proprietors.
Pvt. Manthos was followed by