National Republican. (Washington City (D.C.)) 1872-1888, 1875-10-29

The Board of Metropolitan Police Commission
afs Yesterday afternoon resumed the tnVestiga-
zion of the alleged connection OF Chief ClaryUe
sfthe detective corps, with the release Of Snyder
the burglar.
The President. Gentlemen, when the board sd-
Iourned on last Thursday 1t adjourned until to-day
THE special business to-day is the consideration OF
the case Of John W. Clarvoe, detective
corps. 1t was understood then that perhaps mr.
CIaryoe, through his counsel, might have some
thing to say, the attorney for the board mig Al
have some remarks to make bearing upon the
MI. Hinkle. Mr. Chairman, and the gentlemen
Of the board, my brother, Cook, who represents
The prosecution, says that he has nothing further
10 say and certainly do not think that the testi
nony calls upon me to say anything. We have
offered no testimony on the part Of defendant,
has been the testimony Introduced BY the prose-
sutton, and would deem 1t an Impeachment of
your intelligence If were to attempt to argue
in the slightest degree to convict Mr.. OlsrVoe OF
the charges and specifications upon which he has
been srraigned and has been tried. On his part,
therefore submit the case to you. =
MT Cook. 1 have suggested and said All that
anght TO saw, As stated before, the evidence is
Ieagre and insufficient to sustain the specinc
.ccnsatiops against Mr.. ClsrVoe. But while that
is true, in the exercise oil the general powers OF
fhe commissioners the incidental question arises
Ihether his conduct was in all respects, IN con-
neetion with the transaction, proper and such as
becomes the chief Of the detective lorce. Ene
points IN my mind upon THIS su9lecS Were, nrst,
ne Incidental meeting between MIR. Ciarvoe and
TSi9hton which was fully explained. That was
n1reIy incidental. The next thing involved in It
THighton with regard to identity, which to some
minds might seem to indicate that instead OF DUR
1uinp a suspected eulprit he was inclined to d.
Tert The attention of Mr.. Leighton from him by
sn1qesting a difficulty as to identity. Passing
from mat there is the fact that Green was placed
in the custody Of Mr.. leighton, and Voluntarily
came to the District for the purpose Of Identifies
tio6 How far this Identification was to 20 was
a question to be considered. And the question
there arises whether, after he voluntarily placed
HIMSELF here with promise of being returned to
baltimore the proper efforts were made to iden-
tity him. or whether he was permitted to pass out
Of The jurisdiction Of the District and the custody
Of the Law officers without any proper effort to
secure his identity. 1t is to be supposed that in
this respect there was indifference, not neglf-
Qence and want Of the Keen vigilance that
should have existed in regard TO the detectionof
the marty supposed to have been connected with
an alleged grave ofense. He old go without any
particular efforts to secure his identity exceptthe
bassinR statement of Mr.. Evans, and perhaps that
Tas about ALL that he was not the man. -..
Then as to what transpired after that, there
was matter perhaps deserving OF some consid-
eratton- 10 Wit: whether Mr.. Clarvoe promptly
and Theoretically carried out the Instructions he
received, to 20 to Baltimore and re-grasp Green
and bring him back-the warrant still existlng as
Understand in full force, and no additional war;
rant being needed. Those are questions incident
ally connected with the charges, not constituting
any particular part Of them, but growing out OF
suggest to you, as guardians OF the public inter-
est, it might be WELL perhaps, to bestoW pass
ing Rlance at least, on them.
Mr. Henkle. MI. Chairman and gentlemen,
supposed when I submitted the case that
there was nothing further to be said. am
rather obliged to my. brother Cook, however, for
making these suggestions, as II there be any
silent points in the case at all, to which the minds
Of the Commissioners could possibly be directed,
as calling for consideration Of the testimony at
all, It is these that have been suggested by my
brother Cook. And inasmuch as your attention
has been called to them, perhaps it is my duty
to briefly express ny view o. t ne ssa a1a
ing those particular points 1t is very clear from
the testimony, gentlemen, that when Mr.. Clar-
voc went to baltimore upon the occasion when
he met Mr.. Leighton upon the train, he did
not at that time from any source, from anybody,
learn that this man Green, of Baltimore, was
who had felononsiy personated MI Eies.
Mr.. McDeYitt has told you that while he had
Information which led him 10 suspect that Gresn
was the man, yet that he was satisfied that in
formation had not been communicated to Mr..
Clarvoe; and all the testimony negatives the idea
that he could possibly have had any such infor-
nation. Now then, the caution which he gave to
Mr. Leighton touching this point of Identification
could not, 1t seems to me, by any possibility be
construed INTO purpose On ms Rart 70 screen tnis
who was charged. But If he had known, and If 1t
had been in the presence of the party, and Mr..
man charged with the crime, from Mr. Ciarvoe's
long experience in dealing with offenders, and
having Of course many times had to consider this
subject Of Identification, It was an exceedingly
proper precsEtion to have given him. In my now
somewhat long experience as a lawyer, have on
very many occasions in my practice, and in my
observation Of the courts of justice, as doubtless
my friend, Colonel BerreTt has, observed how ex-
tremely cautions men should be in this matter Of
caution from an experienced police oficer 70 give
TO a man of comparatively little experience when
going to exercise bis Judgment in this very deli
cate and difficult matter of Identification of per.
whom had
never seen before nor afterwards. So that sub
NIT TO yOu, gentlemen, there is not possibility
ofhavinR doubt Of the integrity Of Mr.. Clarvoe
Upon the fact Of bis having given to Ir. Leighton
this caution.
Now with regard TO what Mr. CIarvoe's duty
was IN regard to the prisoner-if he may be called
q prisoner after he came hers-thRt depends en-
tiFely upon the anteesdent ss..eis As aavs Oh
serJI~, pe went there not for this prisoner, not
knowing there was such mRn in existence as
tins man GIeen AT me PDes s Sr
being there, and being connected with the police
department, he is requested to accompany Mr..
Leighton, and perhaps to take charge of this
man, who Voluntarily surrenders himself into
their custody. Now it will be remembered that
Mr.. Clarvoe had no commission to bring him here.
He was not sent there for that purpose. and
Furthermore it will be remembered that Green
could not have been compelled to come here with
out a requisition, so that he came he-e upon
contract; an agreement whicSS tne parties with
whom he contracted were In honor bound to lite
rally comply With. Mr.. CarvOe was not any
party to that contract or agreement; the contract
ing parties were Mr.. Leighton and Green, but
the contract was, as you have learned 1t from all
sources and It has not been denied that he was 70
come Voluntarily, waving the formalities OF re-
uuisition and legal process. He was to come
voluntarily into this city for the purpose Of ideut-
hcation, for Mr.. Leighton said to him, land that
was part Of the stipulation,l If when he got
turned, and at Mr.. LeIghton's cost. Now. then,
Is there word of testimony, gentlemen, in any
place that connects Mr.. Clarvoe with that con-
tall q " g n
assisting in taking charge Of this man to bring
him over here for the purpose of Identification.
Now when he was brought here Ii may occur to
Won that he was taken to the Police Cont instead
Of to the police headquarters.
You all will remember, gentlemen, that he was
not the prisoner Of Mr.. ClarVoe; he was not under
any legal process As have said before, he was
here under q CONTRACT contract made with Mr.
Leighton, and Mr.. Leighton derived his author
ity not from the State, not from the Government
but from Mr.. Perry, the party VINO was injured
in the loss of his goods. Mr.. Leighton was there
fore representing Mr.. Perry. Now, whether Mr.
Leighton did right or not in submitting the qIes-
tion simply to Mr.. Evans, who had besn the couu-
sci for the man who had been released from
prison. is q question with which you have nothing
10 do 1t has relation to this in any degree
whatever. MIR. Leighton is not upon trial here,
but has been indicted and will be tried for this
that purpose. Mr.. Leighton sends for Mr.. Evans
Mr.. Clarvoe leaves the man in the charge of Mr.,
Leighton and comes to the police headquarters
Mr.. Leighton sends for Mr.. Evans. That was not
. matter Of Mr.. Olarvoe's; It was not a matter
with which he had any concern. He did return
however, and when he returned he found that
Mr.. Evans had not identified Green, and accord
ing to, and in f9lhllment of the agreement be-
tween Green and Leighton, he had been dis
charged by Mr.. Leighton and was on his way Il
the depot. Now, then, gentlemen, j submit Il
YOU that in this there is not the possibility o.
ground for the cenEure of a faithful ofieer-no
the possibility Of ground for it. subsequently
however, Colonel Berret did send Mr.. Clarvoe Il
Baltimore for the purpose Of spprehendIng thi
man.
The testimony of the police officers from Balti
more show you FULLY what was done on that coca
sion. He had no requisition; he found man; b.
agreed that he would report himself here Withou
the formaIiry and trouble OF obtaining o requisi
ten on the next Monday morning. The chief o
police Of Baltimore, who was well acquainted
with the man, knowing his habits and his hRunti
would have acted Just as Mr.. C1Rrvoe did unde
the circumstances. He would have believed him
and taken his word that he would report Their,
did not at that time seem to be much danger II
his coming, for he had been brought here anc
the Government or the prosecution had failed
in its effort to identify him.
Now, these are the only possible points as has
been suggested by brother Cook upon which
you-not as court because II you were simply
sitting as court to try specifications certainlJ
there would be no foundation for any investigsr
ton, or any hesitation, at all eYents-but you Sit
gentlemen, In smother capacity, You are charged
with the government and control Of the police de
parrment Of this District, fn1 you viii fe very
strict integrity and Of the honor Of all men who
represent this department; but, gentlemen, so fal
as know, or 50 far as have heard, the chief o.
Tolice Of this District has an immaculate record