Evening star., 1952-01-12

u malfeaSance
at Rockville late - ~. =
yesterday. "e'V'h e N''n'"'n'
Chief Judge Charles w. Wood
ward, nevertheless, warned the
board ito take appropriate action
to correct improper practices by
some board employees as brought
out in the testimony.
Judge Woodward expressed
amazement at the testimony of one
witness in particular, Sidney S.
Connell, jr.. of Seneca, a heavy
equipment foreman for the board.
Mr.. Connel testified that he often
allowed Mr.. Nicholson and others
to use county -owned trucks "be-
cause it has always been the
custom"
Says Integrity Is Lacking.
"This man Connell said he knew
he didn't have authority to loan
cut the trucks" Judge Woodward
commented. A man that
would do that is himself guilty of
malfeasance."
1.-THE thing that worries me" !"
the judge continued. SIS that there
could be such a shocking lack of
integrity. character and morality
on the part of people who have
charge of public property.
II want this case to be lesson
to all county officials and en-
ployes," he commented. ''I've been
on the bench 20 years and every
man convicted before me of vio-
lating the public trust has gone
to the (Maryland) penitentiary." !"
Turning to Mr.. Nicholson. the
Judge said:
"The jury has found you not
guilty and I am not disputing their
verdict. but want to say that it's
amazing to me that you could do
so many things that look bad. AS
a public official, you ought to
avoid all appearance of evil"
Judge Cites Testimony.
The judge then reiterated the
things brought out in the trial
which he said made Mr.. Nicholson
''look bad:
The use Of employees under him
10 help build garage at his home;
allowing building material he had
purchased for himself to be de-
livered to the county school main
tenance department; cutting raft
ers for his garage in the county
carpentry shop, and using school
board truck and a school board
driver to transport his building
materials to his home.
The stage was set for Judge
Woodward's angry comments as
q result of the closing remarks
of States Attorney Walter w.
Dawson. .
II never had a case where it
was so hard to get at the truth, :"
Mr.. Dawson told the jury Of 10
men and two women. Most of
the States witnesses are covering
up."
2 Others Face Trial.
All the witnesses who testified
for the State are themselves en-
ployes of the Board of Education.
Mr.. Nicholson. Kasmer P. Gra-
barkiewicz of Rockville, director
of school maintenance, and Ar
thur w. Saunders. jr., Wheaton.
former electricians foreman for
the board, were indicted by the
November grand jury on mall
feasance charges. Grabarkiewicz
also was charged with larceny Of
q $125 refrigerator.
Grabarkiewicz and Saunders
are scheduled for trial later this
month. Both Grabarkiewicz and
Mr.. Nicholson were suspended by
the board when the indictments
were returned November 81.
The indictment against Mr..
Nicholson charged that he used
board materials and labor to build
his garage in 1850.
Mr.. Nicholson's defense, as ar.
gued by Attorney James H. Pugh
was that he purchased the mate.
rails he used in the garage. al
though some Of them were deliv.
cred to the school maintenance
department in Rockville by mis-.
take.
Spectators Applaud.
Walker Shipley of Damascu.
and Loren E. Turner. two EN-.
ployes who worked under Mr.
Nicholson, helped him build thu
garage. the defendant testified
but they did 1t on their own time
on Sundays and after working
hours.
Mr.. Nicholson admitted that h,
had used a board truck to trans,
port 230 cinder blocks and /!
rafters he owned from the main
tenance department to his home
George M. Parker. general con
tractor of Gaithersburg. testifiet
that he sold the materials to tn
defendant and delivered them T.
the maintenance yard because h
did not know where Mr.. Nichol
son lived.
When the defense put DR.. Ed
win E. Broome. veteran count
school superintendent. on tn
stand as a character witnes.
Judge Woodward asked him II b
had known about the practice q
letting workers use maintenance
department trucks for their ow
purposes.
DR.. Broome replied he ws
aware that some workers tai
trucks home because they are al
10 ha called ont on night dUt