Waterbury evening Democrat., 1888-05-25
FALSE AND MALICIOUS.

" Ae Ae ~ V AOs
 FALSE AND MALICIOUS. No Grounds for the Charge Against Officer.
 John Byrnes.
 There were about twenty witnesses, two lawyers, three members of the board of police commissioners, several officers and five newspaper men crowded to- gether in the mayors office last night when the board was called to order to listen to the charges preferred by Joseph Corr against officer John Byrnes. The jist of the charges, freed from legal phrase was: First, that on May 17 the said officer was intoxicated, ,atScovill's ditch, and had or his uniform in or insignia of office
 Second, that on December 2 the said said officer arrested Michael Finn, who was intoxicated and unable to take care of him. self and afterwards released him.
 Third, that on - of May the officer was seen in the bedroom of two disreputable women, Mrs Welch and her daughter Kate on Park avenue.
 Attorney Donahue was Corr's counsel and l.. F. Burpee acted for Byrnes. Walter Gill was the first witness called. He is shoemaker living on East Main street. He said he saw the officer ill John Lunny's saloon on Ea,t Main street, in company with another man on May 17 at $40 a. m. He was leaning on the bar and smoking a cigar. The officer treated him to a glass of whiskey. When the officer passed his shop few minutes after, he looked as though he "felt merry" He didn't take any particular notice of the officer. To Attorney Burpee, Gill said he did not see the officer drink. He had no reason to think the officer drank than that he saw 8 # 1.1o of 1~<a, %1o1 1ov- +, rov,f of them. Gill swore the officer was in full uniform except his hat. Gill rents his cobbler shop from Corr.
 Frank Root said he saw the officer on that morning, but could not say that he was intoxicated. He would rather say the officer was sober than that he was drunk. He thought he was sober. He might have said to someone else that the officer was under the influence of liquor.
 John Mclaughlin was in the saloon with the officer that morning. They walked from the saloon to where he (witness) was en- ployed at the Dublin street bridge. The officer was not under the influence of liquor He had told others that the officer was drunk, but could give no reason for doing so. The officer was not in uniform. He flatly denied the assertion of Gill that he (McLaughlin) staggered when he was walking out East Main street with the of fcer. The officer talked nationally on sev- eral subjects with which they were both conversant.
 Louis Calender said that he met the of fcer on Dublin street. He had his atten- tion called to the officer by Jack Kenny, bartender in the saloon formerly kept by Corr. He did not think the officer was drinking. The officer was leaning over the railing of the bridge looking at the cars Kenny told him to "look at Byrnes, he's drunk, but he could see nothing of the kind. -.-
 A. H. Bowen saw a man that was point ed out to him as Officer Byrnes about 9:30 dam. He could not notice any signs of liquor on him. Corr, who called his at- tention to the officer, said: "Ryrnes is drunk. Did you notice hims"
 Patrick Hackett, former proprietor of q sa loon on East Main street, said he saw the of ficer on ScovilPs ditch. He seemed to be all right. The officer staggered a little, but he did always when rheumatism bothered him. He had told others that the officer was drunk, not on account of what he saw, but because he was told SO by others. Corr was the man who told him the officer was drunk. ---~ sI Alex McMaster saw the officer on Dublin street bridge. He thought he was all right. He didn't take any notice of him. He heard several say that the officer was drunk
 John Kenny, Corr's former bartender, swore positively that the officer couldn't stand steady. The officers shoes and pants were muddy.
 MT Burpee-"What is your business?' ",slinging beer' Whose hSs beer do oo'1 you and sometimes other beer" "You work M, oi, 10 seph McElroy." "Did you not work fol Corrs" "Yes, until Officers Byrnes and Noonan broke his license" "The saloon where you work is where Corr used tc keep, in Corr's building?' "Yes." "Were you ever arrested for selling liquorT "No." MT Burpee then produced mem orandum and asked a second time if h. (Kenny) had not been arrested and fined $50 for selling liquor, but Kenny said not
 Joseph Corr said he saw the officer tha morning and followed him around. H. officer was drunk. The officer staggered and fell several times, and his clothes wer' covered with mud.
 MT Burpee-"Did Officer Byrnes ant Noonan complain of you for selling liquo last December?" "Yes."
 MT Corr's witnesses against the office on the second charge, that of releasing prisoner, were called.
 Corr testified that one Michael Finn wa drunk on the sidewalk one morning. H saw the officer take hold of Finn. Fin. lived in the house in front of which tn officer caught hold of him. Wm Kenn came along at the time and said somethin to the officer. The officer allowed Kenn to bring the man into the house.
 Wm Kenny testified that he told tf officer that Finn lived in that house and | would take him inside. He asked tf officer to let him bring Finn into the hous The officer allowed him to do so. ..
 Rebutting evidence on the first tw charges was then introduced.
 MT Cramm, brother of Contractor Cram of the Meriden & Waterbury railroad, sa he saw the officer on the 17th. He cou not say anything was the matter with hin He smelled nothing from him; the offic did not stagger. .#
 Officer Cahey saw Officer Byrnes comi1 out of the station house at o'clock tn morning, just as he was going off duty; u officer was perfectly sober.
 John Lunny is proprietor of the salot