Evening star., 1951-07-25
barse Defends
Judge Fenne|I's S
Recess
Counters Complaints
Of Supt. Barrett in
Delaying Policemen

@ SS"
Chief Judge George P. Barse Of
Municipal Court in a special press
release late yesterday countered
complaints by Police Supt. Robert
j. Barrett over trial delays in
court on Monday.
Judge Barse called reporters
into his chambers after 5 pm. to
discuss the matter which, he said.
had not formally been communi-
Gated to him either by the Dis
trict Commissioners or by Maj.
Barrett by that hour.
Earlier in the day Maj. Barrett
had complained to the Commits
sioners that, owing in part to a
three-hour absence from the
drunk court" bench of Judge
Aubrey B. Fennell, many police
men, sleepleSs from all-night
work, were unduly delayed in get
ting their cases disposed of.
Judge BarSe held a half-hour
conference with Judge Fennell and
Assistant Corporation Counsel
Clark F. King, after reading news
paper reports of Maj. Barrett's
message.
Explains Absence.
The chief judge then issued a
written statement explaining that
Judge Fennell had left the bench
at II am. to drive his wife to
the airport so she could visit
their daughter, who had just had
a baby in Columbus, Ohio.
This is the only incident IN the
entire time that he has been at
the court that he has recessed
prior to 1890 pm. and prior to
the completion of work assigned
to him." Judge Barse wrote in de-
tense of his associate.
He added that Judge Fennelrs
practice is to have lunch recess
between 1890 and 1880 pm, the
same as the other IL jurists.
Judge Fennell. moreover, had
discussed his plans with Prosecu-
tor King at 9:15 am. and under
stood his departure would not dis
rupt the docket of nearly 200
intoxication cases, the chief Judge
So as not to inconvenience the
policemen who had worked all
night or were in court on their
day off, Judge Fennel and Mr..
King also arranged to have those
officers cases tried first, accord
ing to Judge Barse.
Policy Of Extra Judge.
He then went to explain that,
"in cooperation with Mai. Bar
rett," it has been the courts
settled practice for years to assign
an extra judee to drunk court
duty on Monday mornings, when
the weekend imbibers appear in
droves.
On the Monday the police chief
complained of, Judge Andrew J.
Howard left his regular jury court
assignment for more than two
hours in the morning and handled
"a drunk cases before returning to
the jury bench.
At the same time. Judge Mary
Barlow disposed of is.
Judge Fennell took care of part
OF the load between 10 and IL
am, and finished the docket after
his return to the bench shortly
before 2 pm.
The chief judge declined to say,
IN his press release, anything
about Maj. Barrett's criticism of
OF Judge Fennell's rulings on legal
lty OF arresting drunks on their
front steps or in their front yards.
Would Welcome Test.
But he told reporters this ques-
ton has not been settled by higher
courts or the law books and that
MS court. as a body, would vel.
come a test case on the point.
The police chief contended that
Judge Fennell discourages police
men by throwing out intoxication
cases where the defendant is ar.
rested without warrant for drunk
enness on his front steps or yard.
Chief Judge BarSe declined to
be quoted on whether he thought
Maj. Barrett should have barred
his troubles to the court rather
than the Commissioners.
Judge Fennell told reporters
that, as far as he was concerned.
ne never commented on a court
matter unless from the bench.
A reporter asked him, however.
whether the criticism of his three.
hour absence was justified.
What do you think?" he asked.
and then nodded sharply when
the reporter ventured he'd not
heard OF such complaints against
the judge before.
Judge Barse's appraisal Of
Judge Fennell was that he is a
'hard-working and Conscientious
Judge and faithful in the per-
.ormance Of his duties" }