Evening star., 1948-11-30
Grill Is Found Guilty
OF Charges Disputed
In Police Testimony
License Is Suspended;
Defense by Monthos
FuiIs to Clear Cote

Lie AlCOllOllC Dctcl age SOll-
troll Board today found Mitchell's
Grill, 235 G street NV, guilty
of Al of the 81 liquor law viola
ton charges made by Police Pvt.
Samuel E. Wallace and ordered
suspension of its license from
December 10 to the end of the
license year, January 81.
The decision came after spectac-
ular public hearings early this
month. Pvt. Frank N. Manthos,
former zone man vice squad" of
No. / Precinct, testified he had
visited the restaurant many times
while Pvt. Wallace was there as an
undercover man for the Vice Squad
and had seen none of the alleged
violations.
Declaring that the boards deci-
sion was outrageous" F. Joseph
Donohue, attorney for the grill, an
nounced he would appeal imme-
diately to the Commissioners and,
IF necessary, to the courts"
Testimony Challenged.
Mr.. Donohue said a major point
in his appeal would be contention
the unsupported testimony" of one
policeman should not be accepted
to support charges of liquor law
violations.
The board majority dismissed 16
of the 81 original charges and James
O'D. Moran added a minority re-
port in which he favored dismissal
of seven additional charges. Dis
missal of the charges, the board
states, was justified because the evi-
dence in those instances was insult
ficient to sustain the complaints.
The principal charges on which
the grill was found guilty were il
legal sale of whisky and beer to
intoxicated persons and allowing
such persons to remain in the estab-
lishment.
The ABC Board announced 1t was
sending copy of the transcript to
Police Supt. Robert J. Barrett for
whatever further action the Police
Department might take. During the
hearings. Maj. Barrett assigned In
spector George Wallrodt to investi-
gate the conflicting testimony and
to submit a report after completion
of the ABC case.
ManthOs Is Shifted.
Meanwhile, Pvts. Manthos, Wal
lace and Myies j. Richey, who
worked with Pvt. Wallace for time
in the Mitchell's Grill investigation
and filed several complaints against
the place, have been transferred to
uniform duty and assigned to beats.
Today's board ruling made no
mention of sending the transcript
to United States Attorney George
Morris Fay, as had been suggested
by attorneys in final arguments No
vember IT, to determine whether
perjury had been committed.
While the suspension ruling is for
only SO days, it would be to the
expiration of the current license
year. Henry G. David, icensee do
ing business as Mitchell's Grill, then
could apply for new license.
Except for a brief appearance by
Pvt. Richey on the stand, Pvt. Wal
lace was the only prosecution wit
ness at the hearings held November
p, 8, 10 and II, with closing argu-
ments November II.
Hearings Recalled.
Pvt. Wallace created a sensation
by declaring Maj. Barrett and 1t.
Roy Blick, head of the Vice Squad,
had instructed him, before the
hearings, not to say he saw police
men eating and drinking in the grill.
Earlier Pvt. Manthos, in denying
Pvt. Wallace's charges against the
grill, asserted Pvt. Wallace had
warned him he would "be hurt" if
he defended the grill. He said Pvt.
Wallace, in discussing the charges,
remarked he had "sandbagged" the
establishment.
In closing arguments Assistant
Corporation Counsel Robert D. Wise
called the case "a scandal in the
Nations Capital