Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-11-13


At 1Oo'clock Major Walker and Capt. Austin
who was to assist Commissioner Wheatley il
the trial, were seated at a long table in Com
missioner Webb's Office. Soon afterwards Mr.
II. r. Davis. the assistant attorney tor the Dis
trict, and the corps OF counsel representing
Lieut.. Arnold arrived. This corps consisted o
General > $. Henkle, Messrs. E. B. Hay, Chas
;. Moore, Henry w. Garnett and Eugene F
Arnold. The latter young gentleman Is dis
tant relative of Lieut.. Arnold.
Commissioner Wheatey took a chair at the
end OF the long table. Mr.. Davis, Major Walker
ana the reporters also sat at the long table
Counsel for defense occupied seats at q smaller
5nee, %hi,f h the stenographer, Mr Boswell
desk. Lieut.. Arnold, who arrived late, took 9
seat with his counsel.
DETECTING To CAPT. AUSTIN AS A MEMBER OF
THE TRIAL BOARD.
When Commissioner Wheatley convened the
court at 1915 Mr.. Garnett, rising with police
manual in his hand, referred to the fact o.
Capt. Austin being designated as a member
of the trial board. He objected on the ground
that the police manual, while it provided that
an officer might be tried by commissioner, OF
by the major, or by the captain, there was nc
provision that an officer should be tried by a
commissioner and the captain. The language
was distinctive. Besides, said Mr.. Garnett
''we have been informed that there is some
unfriendly feeling here, and we do not desire
TO have the captain serve on this trial board
Il think the objection is we'll taken." said
Commissioner Wheatley, after looking over the
manual. Captain he added, ''you are re-
lieved."
Captain Austin theresupon Withdrew from the
room.
Gen. S. S. Henkle said that they had already
informally requested that the hearing be before
the whole board OF Commissioners, but this, he
his request on record.
Commissioner Wheatley said that as an in
dividual Commissioner he did not decline.
MIR. Henkles request was recorded as over
ruled by the Commissioners.
THE CHARGE.
Mr.. Davis then read the charge. The charge
made by Major Walker against Lieutenant Ar
mold is conduct unbecoming an officer" and
the following are the specifications:
That said Richard A. Arnold, u lieutenant in
the Metropolitan police force OF the District of
Columbia, did, between the 1st and 31st days
OF October. 1886, willtuliy and falsely state to
one Acting Sergeant b. Dlggins, a member OF
the second class in the Metropolitan police force
OF the District of Columbia, aud to other parties
unknown, In language and words near about as
follows, tO.wit: Major Walker has ordered the
lieutenants to watch members OF Congress, note
their habits, &C., in order 70 have them under
his thumb to control legislation, thus inaugu.
rating public sea ndal; said lieutenant know
Ing the same to be false and untrue.
That between said dates said Lieutenant
ciously, endeavor 70 attribute the odium of cre-
ating Il public scandal TO other officers Of the
metropolitan police force of the District of Co.
lumbia than himself by stating that the afOre-
said false statement had been given out by an
officer OF the Metropolitan police force OF the
District of Columbia at police headquarters,
Knowing at the time that he was its author,
with the view and intent to bring disgrace and
disrepute upon the superintendent and his
ma 'agelnent OF the Metropolitan police depare
ment.
That said lieutenant did, between the 1st and
6lh Of November, 1885, make false and cOn-
nictlng statements regarding the circulation OF
the aforesaid false, willtul and malicious re-
ports.
Mr.. Davis also read the order designating
Commissioned Wheatley TO hear the CHARGES.
LIEUT.. ARNOLD PLEADS NOT GUILTY.
When the charges were read, MIR. Wheatley
said:
Lieut.. Arnold, you have heard the charges
read. What have you to say:"
II am not guilty, sir,'' said Lieut.. Arnold.
"He is not guilty Of the charges or the specid.
cations added Gen. Henkle.
THE FIRST WITNESS.
Mr.. Davis then called, as the first witness,
Acting Sergt Diggins. Mr.. Davis proposed
that Major Walker, who has the powers Of q
justice of the peace, should swear the Witnesses.
To this Gen. Henkle objected. The witnesses
were then all summoned into the room and
they were all sworn together by DR.. Tindall,
secretary of the Commissioners.
The witnesses then all withdrew except Sergt,
Diggins, vino was seated in a chair in front of
Commissioner Wheatley. He said he was doing
duty in the first precinct, under Lieut.. Arnold.
Mr.. Davis then read the charges and specifica-
tipns to the witness.
Witness said he first heard Of the charges
through the newspapers. When asked his
knowledge of the facts, he said he supposed 1t
was about three weeks ago. 1t has always been
the custom, he said, of the lieutenant at night,
before home ufnr,
goes on duty ut IL O'clock, to give him instruc-
tions 1t was to receive these Instructions that
Il do not know" said the sergeant show the
conversation came up. The lieutenant said
that 1t had been suggested by the major ut the
the habits of mem be.S OF Congress and Senators
visiting houses south OF Pennsylvania avenue
he noted. that 1t might be used to influence
legislation during the next session OF Congress,
may not quote the exact language used, but
do say. that give the sense Of it,
you ,hs? asked NJ naSs 'ne told
81 said,' the witness went on, Lieutenant.
is this order TO be acted on? II would get the
town afire: He said: Certainly not; drop it
right here.'
The witness said he had not afterwards given
the matter much thought; he had mentioned 1t
ther conversation with Lieut.. Arnold or Eide
lin either until after the investigation was
made at police headquarters.
"sTRICTLY CONFIDENTIAL"
zen. denKt0 tnen began the CfOSS-exam1n0r
tion. The witness said he did not remember
that the lieutenant told him to say nothing
about the matter, as u was q mere suggestion.
He understood that 1t was confidential-to be
dropped right there; that it was not to be con.
strued as an ORDER So far as witness knew
Lieut. Arnold imposed implicit confidence In
witness.
The with ess said his impression Of what
Lieut.. Arnold said was that Of something which
had been talked about at headquarters and
perhaps :talked down."
OFFICER EDELIN, ExAMINED.
Omcer William Il. Edelin,, of Lieut. Arnold's
precinct. was the next witness called into the
room. He said he first heard Of this report
about three weeks ago. Sergt. Diggins and wit
ness were on duty together on the witness
beat. When they reached 14th and F streets
about three O'Clock In the morning, the ser
geant, In conversation, said: II understand
that Tor what do you think; am not certain
which, the major has instructed Tor ordered,
the iieutenants To note the habits and doings
OF members of Congress, SD as to have them
nm der his thumb iOr the purpose OF legislation
THIS was ABOUT the Language OF SergL Liggtns
as the witness remembered il, although he wa
not sure that he said under his thumb"
GENERAL HENKLE OBJECTS.
General Henkle objected to this testimony.
Mr.. Davis sud 1t was TO show-first, what had
been said 10 Diggfns as that officer said he told
II to Edelin,; and second. that this story was
put In general circulation by Lieutenant Ar.
nold. OF course. II il werc shown thut It was
circulated BY other Iieatenanss, Lieutenant Ar.
mold ought not to suffer aione