Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-07-22
LIEUT.. GUYS TRIAL.
why the Commissioners Decided to
Conduct IL Themselves.

The trial OF Lieut. John F. Guy of the third
police precinct viii begin before the Distric,
Commissioners Thursday morning. The trial
Will take place with open doors, as Lieut.. Guy
and his counsel, Mr.. H. o. Claughton, requested
that the facts should be given to the public.
As stated in The STAR it was first arranged to
nave the testimony taken before Secretary Tin
dali, but the Commissioners decided yesterday
to hear the evidence themselves. This decis-
ion was reached after considering letter re-
ceived by Mr.. Claus hton, in which he said:
Lieutenant of Police John F. Guy has re-
tanned me as counsel to represent him at any
trial which may be had under the charges pre-
ferred against him and has placed in my hands
copy OF the charges and specifications served
upon him. have also received an official copy
OF the order OF proceedings. As attorney tor
Lieut. Guy respectfully submit for your con-
slderatlon and action the following suggestions
and requests:
s''First As to the charges:
1T appears that these charges are made by
the board OF Commissioners a body.
There are two forms in which charges NAV
be preferred-'Any Commissioner, the major
or captain or any lieutenant Of police may
upon mis- own knowledge. prefer charges with
out the sanction Of an oath, but if the charges
are preferred upon the information of any
other person they must be in writing and sworn
to or affirmed
"There does not seem to be any provision au-
thorizing the board of Commissioners to prefer
charges, and it would be somewhat inconsist-
ent for those who are to be the ultimate tribu-
nal to try the charges to be the prosecutors
also. ANY Commissioner may prefer charges
but IN such case such Commissioner would
hardly sit as judge at the trial
Second. AS to the mode of trial: The trial
shall be by taking testimony on oath by or be-
fore one or more Commissioners, the major,
captain of police, trial committee or officer APP
pointed for that purpose The testimony is
to be reported to the Commissioners by such
tribunal with its opinion. 1t is submitted that
the officer meant is an officer of the force and
that such officer can be appointed only by the
major of police, and for the trial only of petty
officers. such Is the express language of the
fourth section of the police manual
I'm this case no officer has been appointed to
try the case and report his opinion, but las it
seems) it has simply been referred to a civilian
to take the testimony and report the same and
the proceedings to the Commissioners for their
action.
1T is respectfully submitted that in no case
can the Commissioners appoint an officer to try
case, and when the charges are against an
officer Of rank, and are SO grave in their nature,
that the Commissioners, in the exercise of
their discretion, should themselves try the case
so that from their observation of the manner
in which and the animus with which the wit
nesses testify proper weight may be given to
the testimony.
The accused respectfully asks this at your
hands as a right to which he is legally entitled.
''As to the fifth charge, of conduct unbecom-
ing an officer, there is no specification at all. so
that the accused Is not informed by the indict-
ment with what unbecoming conduct he is
charged.
Third, as to the specifications There are all
vague and indefinite, and as to the second,
third and fourth they are full of blanks as to
names and dates, which are of the very essence
of the offenses with which the accused is
charged.
These charges thus preferred by the board
OF Commissioners would seem to be made upon
their own knowledge, inasmuch as they are
not sustained by oath affirmation. nor do the
names OF the witnesses with whom the accused
is to be confronted appear upon the proceed
lngs."
In conclusion Mr.. Caughton submitted
that the accused, an officer of rank, against
whom neither his superior officers nor any
member of the force has preferred charges and
one whose official record is of the highest char
acter, should be tried by the Commissioners
upon specifications full and complete and that
he should be furnished with the names of the
witnesses upon whose unsworn statements he
has been arraigned at the bar of public opinion
and is now put upon his defense before the
District government