Los Angeles daily herald., 1888-09-18

charges could D0 mauo DuC tue OHloI
must have a right to answer.
Mr.. Humphreys said that the only
question was whether the Chief had per-
formed his duties or not.
The motion to invite Hon. S. M. White
inside the rail was then put and lost by a
vote of z to as follows: Ayes, Barrett,
Cohn, Collins, Hanley, Morarity and
Chandler; noes, Humphreys, Sinsa-
baugh, Book. Lowell, Teed, Mathews
and Bosbyshell.
Mr.. Chandler said that it was appar-
ent to him that there was an evident de-
sire on the part of the seven members to
try the Chief without allowing him to be
re presented by friend or by counsel.
He would therefore move that Chief
Cuddy be excluded from the room dur
ing the investigation.
MIR. Cohn said that as there was no
show for fair investigation he would
not be party to the affair, and he left
the Council followed by Mr.. Moriarty,
Mr.. Collins and Captain Barrett, the lat
ter of whom shortly after returned. Mr..
Hanley also left the room but returned
with Captain Barrett.
Mr.. Book said that the motion only in
cluded the Attorney not the Chief.
Mr.. Chandler held that the action OF
the seven members showed on its face
that Mr.. Cuddy was not to have fair
trial and for one he would not stay If
Mr.. Cuddy could not have his counsel.
He would not see any one tried like a
dog. Chief Cuddy's character was at
stake and if he was not to be heard
through counsel then he wanted Chief
Cuddy excluded, His motion to this
effect was lost. -.
Mr.. Humphreys moved that Chief
Cuddy be invited inside the rail and that
Hon. s. M. White be asked to remain as
spectator.
Hon. s. M. White said that he had no
desire to remain as spectator. His
only desire was to see that the Chief had
fair trial and since he was not to be
accorded such trial he had no desire to
remain.
Mr.. Chandler asked Chief Cuddy if
he wanted to be represented by an attor-
ney.
Chief Cuddy replied that he would
like to have his counsel present.
Mr.. Chandler then asked to be ex-
cused from further attendance on the
Council if Chief Cuddy could not have
an attorney.
Mr. Book asked Mr.. Chandler if he
was not able to make up his mind with
out the assistance of an attorney.
Mr. Chandler replied that it seemed to
him that the majority present were in
favor OF giving Chief Cuddy no show.
As for him, he would vote to dismiss
Mr.. Cuddy if he was guilty OF anything
wrong, but he would not stay to see him
fred like dog. He therefore asked to
be excused.
Mr.. Humphreys said that the real
question before the Council had been
lost sight of in the excitement. The real
question was whether Mr.. Cuddy had
disobeyed the orders of the Police Com
mission.
Mr.. Book said that in order that Mr..
Chandler might be sure that there was
no charge of criminal nature against
the Chief, he would ask that the charge
of insubordination be investigated first.
Mr.. Chandler said that he would stay
and hear this charge gone into. Captain
Barrett asked that the charges as prefer
red by the Cinnamon be read as these
were the only charges on file.
Mr.. Humphreys said that the COM
mittee was instructed to investigate other
Irregularities and this charge insubordin.
alton came under that head.
The minutes containing the record of
the appointment of the committee and
its instructions were read by Clerk Teed,
Capt. Barrett said that the committee
had not discharged it's duty in any one
particular that he could see. There was
nothing about insubordination in the
charges.
Mr.. Humphreys moved that the case
be proceeded with. He held that the
words "other Irregularities" included
the charge of insubordination.
Mr.. Book said that among other evil
dence presented was that pertaining to
the turning loose of criminals by the
Chief after the arrest and cited the case
of Wicks before reported. He claimed
that this action of the Chief was discour.
aging to the police and calculated to
bring vags and criminals into town. He
read section Of the charter relative tc
the Chiefs duties. This section said
that it was the duty of the Chief to bring
every arrested man to trial. He claimed
that under the law it had been the duty
of the Chief to bring one Wicks, who
was arrested, before the court for trial
Wicks had been released by Chief Cuddy
Chief Cuddy wanted to know whether
Wicks had been arrested on warrant OF
not. Mr.. Book in reply read portion o.
the regulations of the police force requir
ing officers to arrest parties committing
offenses. He claimed that the Chief o.
Police had been Indifferent with regard
to this matter. He had turned loose
men arrested in defiance of the law.
| Chief Cuddy said that there was way
of introducing evidence in the proper
manner, and it was not being done. He
could produce Wicks in half an hour anC
he could then be examined.
Mr.. Sinsabaugh read an affidavit of g
man named Hawley about man named
Mike Kearney, whom he had arrested fol
vagrancy and who had been turned loose
by the Chief.
A statement of Officer Auble in rela
ton to the arrest of Howard, who was re-
leased, was also read. Howard had beer
given two hours to leave town and hac
done so. On his return to the city he
was arrested by Auble without a war.
rant.
Chief Cuddy said that the man named
Kearney was being tried on the charge
OF vagrancy at the time he was arrested
for the same offense. In relation to How.
ard he had already explained that Auble
had rearrested the man without a war.
rant. On the night of the Primary a
man had been arrested for carrying CON
cealed weapons. and he had been told
afterward that his name was Howard.