Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-05-12

las the gun jammed-a knife
flashed.
Two firemen went to the
hospital.
Police and fire departments
both launched Investigations.
Last week, after a trial lasting
three afternoons. all criminal
charges against the four firemen
were dismissed.
How Did II Happen?
How did a melee witnessed by
more than a dozen people,
fracas involving both knife and
gunplay endangering children
wind up that way? To find an
answer, The Star went into all
aspects of the case.
Said Municipal Court Judge
Andrew w. Howard, who &C
quilted the quartet: THE United
States Attorneys office goofed."
Said United States Attorney
Oliver Gasch: ION the basis Of
what my prosecutors tell me.
there seems to be a grave ques-
ton as to whether or not the
court followed law and previous
decisions in some of his rulings"
Said Belford v. Lawson, Jr.,
counsel for two Of the four fire.
men: I'VE got break in transit
and we took. advantage of it,"
Much Of what the various in
vestigations uncovered never be-
came part of the court record.
Both the knife and the gun were
recovered but the knife was
barred from the evidence.
Statements Are Excluded
Three Of the four defendants,
according to police witnesses,
made admissions to police link
ing themselves with the events
in the alley behind Engine
Company No. Z at 247 K street
Sc. Police were not allowed to
testify to these admissions.
Three of the four. according
to Fire Department witnesses,
made statements to fire officials.
These statements also were ex-
cluded from the trial.
Also ruled out was testimony
from the children about whether
the accused had been drinking.
and testimony that a fist fight
preceded the gunplay.
From the prosecutors view,
however, the most important
evidence barred were statements
from eyewitness that the four
men simultaneously struggled
for the rife.
How did it happen?
Reported to Captain
Charles Petty. as he testified
later, came out of his house
nearby, saw what was going on
and ran to tell the captain Of
the firehouse. t2R
II had children out In the
alley somewhere playing and I
didn't want them or anybody
else's children to get hurt while
the firemen were fighting" he
explained.
The captain found two firemen
bleeding profusely. A fellow
drove Aubrey B. Jasper.
80, to Casualty for treatment
of wounds on his left hand. The
captain called q fire ambulance
to carry Lacey Grayson, 50. to
Emergency for a serious pune
ture wound in the groin.
The next day, James E. Woody,
IS. the third fireman, told his
he pulled out his
pocket knife while trying to get
the rife away from the men
later cut. Asked to produce
the knife. he slid down the
pole, went to his car.
pried loose q hubcap and got out
a brown paper bag with the knife
inside it.
Rifle Is Produced
Ralph j. Rhyme, rs, the fourth
gave his superiors a
statement. Another fireman pro-
dueed the rife which he had put
in his car for safekeeping.
A prosecutor suggested that
the men be charged with "af-
fray" a crime under the COM
mon law rarely invoked here.
This involves lighting with
each other in a public space i.
to the manifest terror of all good
citizens"
On April 10, with two of the
firemen still hospitalized, Pvts.
Rhyme and Woody were ar
raigned. The paper presented in
court named the two of them.
On May /. Pvts. Grayson and
Jasper were arraigned. The court
paper bore their two names.
Defense Counsel asked the
court for a trial that week.
On May 3-Judge Towards
last day on the bench of the
United States branch of Munich
pal Court before rotating to an
other branch of the court-the
case went to trial.
When the first witness, q fire.
man, began describing the melee
by saying Woody struck Jasper
and knocked him down." the
defense objected.
The men, argued the defense,
were charged on two separate
papers. Thus. it was contended,
the prosecution would have to
show Pvt. Woody fought with
Pvt. Rhyme and Pvt. Jasper
fought with Pvt. Grayson.
Admissions Are Barred
Judge Howard told Assistant
United States Attorney John
Warner he might conside Ter
amending the complaint to name
all four. Assistant United States
Attorney Kenneth Wood. chief
Of the prosecutors Office in Mu-
nicipal Court, decided it was too
late for that-particularly since
Mr.. Warner thought he could
prove two different ARRAYS &C.
curing simultaneously.
But Mr.. Warner counted on
a - -. a. a