Evening star., 1948-01-14
Procedure in Arrests
For Investigation Is
Studied in CIe'gg Case

Police procedure In respect to per
sons held for investigation ant
charges Of . conspiracy" by tn,
Washington Post to undermine th'
morale of the Police Department ART
being explored today by opposing
counsel as side issues In the Police
Trial Board hearing Of charse'
Clegg case.
The hearing rsvolves aroune
charges that the policemen illegal,
arrested and mistreated Julius w
Clegg, 26-year-old colored employ
Of the Post.
On trial are first precinct Pvt
John j. Gibboney, accused OF tht
illegal arrest and detention, ant
Detective Sergt. Alex K. Kapso
and David 8. Ennis, special investi'
gator Of the Sex Squad, accused o.
the mistreatment.
The hearing was delayed thl'
morning because Assistant Corpora
ton Counsel Oliver Gasch was de-
tanned in District Court on another
case. It was scheduled to resume
this afternoon.
The conspiracy accusation VA!
made yesterday by Defense Attorney
Charles E. Ford after he had begur
Questioning Ben Gilbert, city editol
Of the Post. Mr.. Ford brought ou1
that Mr.. Gilbert had previously beer
known as Ben Goldberg and he ther
asked Mr.. Gilbert If he had eyel
been q member of the Young Com
munist League or the Communis'
Party.
Board Upholds Objection.
At this point Assistant Corpora
ton Counsel Oliver Gasch, who il
prosecuting the policemen, objected
to the questioning and was upheld
by the board. Mr.. Ford thereupoI
charged the Post with conspiracy
saying that the newspaper had con.
spired to bring false charges
against the policemen and that Il
was following policy Of making
ineffective" all the laws and regula'
tions Of esPolice Department.
kesThis ~ line Of Questioning wa!
stopped BY the board s~headed b!
Inspector Clement Cox, after fur.
ther objections by Mr.. Gasch. Mr.
Ford had asserted that the Pos
had put up Clegg to bring thu
charges. against the policemen.
The Posts managing editor, james
Russell Virgins, was called as
defense witness and Mr.. Ford askee
him to produce various Post records
showing payments by the paper II
connection with the Clegg case. Mr.
Ford asked for records having to dc
with payments to attorneys, to
Ciege himself . to two reporters
MIR. Virgins offered to produce the
records but the board ruled tina,
only Clegg's own time cards Woulo
be admitted as evidence.
Mr.. Gilbert testified that he SAN
Clegg on August S, and that hi
couldn't say" whether he had q
swollen jaw or not. A doctor who
treated Clegg on August 8 previously
testified that Clegg had q swollen
jaw and temple.
Released without Charge.
Chief of Detectives Floyd A
Truscott testified that the arrestins
officer was responsible for the re-
lease of Clegg, since no other police
investigators took over the case.
Clegg, it has been shown, was
arrested at 8 an, August 2, and
held until about 5 pm, August 3
when he was released without
charge.
He testified that prisoners held
for investigation are not allowed to
call any one from the precinct and
no one is notified unless there Il
q specific desire to have counsel
This rule, he said, Is subject to
modification of the arresting oficer
and the superior officers.
A statement from Pvt. Gibboney
telling of the arrest, was read by
Mr.. Gasch.
Checked on Complaints.
The statement said police had re-
ceived complaints that 4 man was
molesting mattresses from the Ceres
Restaurant, near Thirteenth and Z
streets NV, each morning around
6 am. On August z Pvt. Gibboney
stationed himself on the steps Of
the Palace Theater exit on Thir-
teenth street and around that time
saw Clegg cross the street and fol-
low a waitress. She began running
and then he arrested Clegg.
AS the policemen grabbed him,
Clegg said, according to the state
ment, whats the matter? I didn't
say anything to that woman"
Clegg was taken to No. l precinct
station and booked, without q
charge and without the name Of q
complainant listed in the arrest
book. After q lineup at police head
quarters that night he was ques-
toned. He was returned to the