Sacramento daily record-union., 1888-12-11
TWO VACANCIES.
GREEN AND ABLE DISMISSED
FROM THE FORCE.
Green Assaults the Complaining
Witness in the Presence Of
the Commission.

The Board of Police Commissioners met
yesterday afternoon and investigated the
charges against officers Able and Green,
which were referred to in the RECORD UNION
yesterday morning. The little COURTROOM
was crowded with spectators. II was nearly
two o'clock when the Board was called to
order by Mayor Gregory, Chief Lee and
Judge Buckley being present. The Mayor
stated that the object of the meeting was to
investigate serious charges against the two
officers
The following charges had been prepared
and were in the hands of the Clerk:
Before the Honorable Board of Police Com
| missioners Of the city of Sacramento, county of
Sacramento, State OF California.
| In the matter OF Charles Able and G. Green
police officers OF said city, charges OF Official mis-
conduct.
The Chief of Police of said city, Timothy Lee,
complains of police officers Charles Able and
George Green, of said city, for the offense of of
| hcisl misconduct committed as follows:
That on the sixth day OF December, 1888, in
the said city, county and State, the said police
! officers and defendants, Charles Able and G.
| Green, made an arrest of the persons of Nlarius
| DeIyon and Ernest --, and willfully and
unlawfully released said prisoners for a consider
| alton OF SO; and that said officers made no re.
port OF their action at the police station in said
city. TIMOTHY LEE, Chief OF Police.
sacramento, December 1888.
The Mayor directed, the Clerk to read
| the charges, when L. c. Hart, who ap-
! peared as counsel for the officers objected
to the reading on the ground that the Board
| had not acquired jurisdiction, because the
charges had not been verified
| The Mayor said that the charges having
| been Iied by one Of the Police Commisslon-
ers, they did not need 10 be verified, as the
Board at ali times had jurisdiction over
| the conduct of the officers on the force.
City Attorney Church took the same view
| of the matter.
Mr.. Hart warmly urged his objection and
read section OF the law. which provides
| thst where charges are preferred against an
officer by any citizen they must be verified.
He did not consider it just or fair that q
| Commissioner should prefer charges and
then sit rs judge on them.
! Judge Buckley said that when the point
was first raised he was inclined to agree
| with Dir. Hart, but upon an examination
| OF another section Of the code he was salts
| fed hat where charges were preferred bv
one or the Commissioners no verification
! gaS r,Qu red
After some discussion, however. it was
decided to allow Marius DeLvon, one OF
| the men who Claimed To have given Able
| $50, to swear to the charges, which he did
after they had been carefully read over to
him by the interpreter, James T. Barron.
The name of Timothy Lee was erased in
the charges and that of Marius DeLvon in
serted, and the latter was then called to
the stand. He is Frenchman and could
| speak very little English, so Mr. Barron
ASS sworn to interpret his evidence.
| Marius DeLyon testified thai he came TO
m fNT lrFr ta~ ~
| morning about O'Clock he was sleeping in
a house in the alley between Second and
| Third, and L, when he was awakened
| by officers Able and Green. who compelled
him to get up and dress and go with them.
They did not tell him what he was arrested
for. They came as far as | street. between
Front and Second, when he suggested to
his friend Ernest Oguin, who was also
under arrest, that they had better put up a
! deposit so they would not be locked up.
He took out SIS and gave it 10 Ernest. who
offered 1t to the officers, but they demanded
$50. He then put up another S5-piece and
Ernest gave it to officer Able, and they
were told to go. They went off together
and left the officers together. After
they gave Able the money Green told
them to say nothing
The witness was subjected to very rigid
cross examination by Mr.. Hart which COW
cred all of his past history and manner of
living. He claimed that he was business
man, and that before he left Sacramento
| some time ago he had been residing here
for ten years and at one time kept a min
eral water store on Second street, next to
No. Is Engine house. He said he was un-
married, and admitted that he had been
| living with woman for ten years, and was
in her company when arrested He denied
that he lived in house of prostitution.
and said that he never was arrested but
| once, and then he did not know what il
was for. The officers did not ask him for
money, but he offered to put it up as de-
post, and only objected that the amoun1
| demanded was too large.
Ernest Oguin testified, that he came TO
The city week ago Sunday, and on Thurs
DAY morning was sleeping in house on
the alley between Second and Third, K and
l. streets, when he was arrested by officers
Green and Able in company with Marius
De Lyon. On the way toward the station
house Green said, You Frenchman, YOU
have got plenty of money" When they
were on street, between Front and Second.
they gave officer Able $40 and were told to
| go, officer Able putting his finger on his
mouth, telling them to say nothing.
| On cross-examination he said that Green
did not ask him for any money, but only
| SAID, Nou Frenchman, you have got
| plenty of money! He did not hear Able
ask Marius for money. He did not know
whether any money was paid in at the po-
| lice station or not. Had not seen the offic-
| ers since until to-day.
Officer Arlington testified that he met
the two officers with the two prisoners on
| l street, between Second and Front, going
towards the station-house. Marius asked
him If he did not know him, and he re-
| piled that he did. Marius said, You
| have not seen me here for long time
| have you? and he said no, and passed
| on, as he was in hurry. He went back
to The station-hCuse later and saw that no
arrests were recorded.
Captain Karcher said that he had some
| information of crooked work and made an
| investigation and reported the facts to
Chief Lee. He learned that the men had
been arrested and that no report was made
| of 1t a. the station-house and no money
| paid in as deposit When he first asked
| Green about alrestiDg the Frenchmen he
| denied that any arrest was made but after
| he had refreshed his memory by asking him
some other question, ne admitted that the
arrests were made.
Officer Mclaughlin testified that be YVES
on duty as jsiler at the time, and that no
arrests were reported and no money paid
in.
Officer Farrell, day jailer, also testified to
| the same effect.
| Officer Green was then put upon the
stand in his own behalf, and testified that
on Thursday morning he was on beat 3.
which extends from Third to Seventh
street, between K and Y. He aud officer
Able were standing on the corner of Second
and X about half-past O'Clock in the
morning, when they heard a noise IN a
house in the alley between K and L. Sec
ond and Third. a young man and a woman
had some trouble there, and they arrested
them and took them to the station-house.
The woman put up deposit and went out.
As she Went out she told Able there were a
couple of French a. macques in the alley.
and asked why he did not arrest them.
They went over there, and Able went to
the bsck-door and he to the front door.
! MariuS let Able in the back-door, and the
latter let him in the front door. and they
arrested both men, and took them down as
| far as / street, where they met officer Ar
| lington. He heard Arlington talking TO
| the man with Able but ne was some thirty
| feet away and did not hear what was said.
When Able came up he told him that the
men had only been here two or three DAYS.
and then he said that if that was the case
they had better let them go, as they could
! not make out case against them. He Ge-
MED receiving any money, and did NOT see