The Jersey City news., 1892-05-18
COLE VERSUS SMITH
A Lively Hearing Before
the Police Board
Yesterday.
BULLDOZING DOES NOT GO.
President Feeney Explains the
Regular Course of Pro-
cedure-N0 Evidence
Presented,
BULLDOZING DOES NOT GO.

EX-J uuRo OOu2ldSS dppehEeu uetoto en0
Police Commissioners yesterday after
noon, and endeavored to have set aside the
regular rules of the Board governing
trials. His efforts were without avail
and his failure to make the Commission
ers do as he wanted them resulted in
lively tilt between the ex-justice and
President Feeney.
Yesterday was the day set for the pre-
liminary hearing in the case of Superin-
tendent Christopher P. Smith, who Is
charged with violating the law in
"maliciously OBTAINING Frank o. Cole at
Police Headquarters on charge of SIAN
der, and conduct unbecoming an officer IN
expressing his opinion of Cole in strong
Anglo.saxon terms.
This case has attracted unusual in ter
est In political circles because of It's pc
culiar origin. Mr.. Cole, it will be re-
mempered, in a political speech made
during the recent campaign. openly
charged Superintendent Smith with hav-
ing been a party while he was captain to
a conspiracy in stufing ballot oox IN
the engine house precinct by tapping the
fire alarm gong causing the watchers 10
scatter IN every ulE6CtIOn anu W iOSO o. = Ao
of the ballot box, which was carried TO
the second floor of the engine house. Tbe
night this event Is said to have occurred
Superintendent Smith was at Police
Headquarters.
Acting upon the advice of counsel the
Superintendent caused the arrest Oh Mr.
Cole, charging him with slander. Cole
was arrested, taken to Police Head
quarters and detained there until bonds
men could be procured. In the mean
time, Mr.. Cole alleged the Superintendept
used vile and indecent language toward
him: Besides the charges preferred 10
the Police Board against superintendent
Smith, Mr.. Cole has begun suit Tor
damages against him for false i'm mprlson-.
ment and also against Justice ODonnell
who committed him on the change MADE
by the Superintendent. Smith mas also
brought suit against Cole FOR $lo ooo lor
defamation of character. This is the way
matters stand at the present Time, ana
Mr.. Cole, through his counsel, is en-
deavoring TO have the Superintendent dis
ciplined by the Board.
AN EFFORT TO BULLDoZE.
The matter would have passed OF
quietly enough yesterday had not Justice
Douglass endeavored to convince Pras1-
dent Feeney that he knew his business
better than he did himself and was more
familiar with the rules governing the
Board In the first place, PRESIDENT
f6eDeY Q6L6Ctett anu pOlnOOA Opo oSkAoNo
defects in the Counsellor's specifications,
but demonstrated his spirit OF fairness by
extending to the complainants counsel
the privilege of Withdrawing the old COM
plants and filing new ones. Counsellor
Douglass looked upon this as repri-
mand and endeavored to run things to
suit himself. He was sat down upon and
compelled to comply with Mr.. Feeney's
decisions.
The little circus opened when President
Feeney reviewed the charges made
against the Superintendent by Mr.. Cole.
In very few words President Feeney in
formed ex-Justice Douglass that the
Board would not listen to any argument
regarding the case Of detention at Police
Headquarters, inasmuch as that matter
was being received by the higher courts.
The charge of conduct unbecoming an
officer, President FeeDey announced, the
Board was ready to, try.
1--WE will hear your testimony" said
President Feeney and then decide
whether there is enough in it to place tn
head of our department on trial"
'We have already preferred charges"
Interrupted Justice Douglass, land we
are ready to proceed"
"Yes, but you merely state in your
charges conduct unbecoming an officer
and gentleman. You should set out in
your specifications what this un beco M
ing conduct was.
1--WE will withdraw our specifications
and amend them at once" said Mr..
Douglass.
"We will not permit that" put in Mr..
Feeney.
1--WE will decline to offer our testimony
then" was Mr.. Douglass's curt reply.
This settled matters for few moments
and President Feeney called the case
against Policeman Harrigan. Mr.. Cole
and his counsel still remained in their
seats and finally President Feeuey ad-
dressing them. said:-"Well, gentlemen.
hear your testimony. You must remem-
ber that you are appearing against the
head of our department. and We will not
permit any disrespect heaped upon him
or anything to occur to debase his posi-
ton"
dent should have any more courtesy
shown him than other members of the
department" put in Mr.. Douglass.
"He gets no more courtesy thau an y
one else. We will not permit him to in
suit citizens, as you say he has done. 1t
Is Il rule of this department that all wit
nesses are examined before charges are
preferred" remarked Mr.. Feeney.
'It doesn't seem much use to argue, !"
said Mr. Douglass.
This aroused the usually quiet chair
man and his reply was short and to the
point:-
"We will hear your complaint no mat
ter what your opinion is. We are ready
to hear the case"
"It would be waste of time to enter
into this case in the manner vou suggest, T"
said the Counsellor. ut is at variance
from all ordinary courses of procedure.
have made charges against the Supern-
tendent and | must insist upon his being
placed on trial, or we will Withdraw and
Seek redress from another source"
A gain the squabcle was dropped and
the regular order of business proceeded
With. Having heard the cases against
derelict policemen, the Commissioners
| retired and did not put in an ap-
| pearance again until after six
| O'Clock. Justice Douglass again
attacked Mr.. Feeney, but was met with
| the same refusal to proceed to a trial un-
| til the specifications We're rectifled by a
statement of what the conduct was that
| was supposed to be unbecoming an officer
| and q gentleman. The wrangling was kept
| up for another half an hour and fiually
| Mr. Douglass decided to withdraw his
| charges, prefer new ones, and then de-
mand the Superintendent's trial. The
next meeting will probably take place in
| two weeks, as the Board adjourned sub
I ject to the call of the chair. Mr.. Doug
lass will be duly notified when the Board
| will meet to hear his case.
| COMMONPLACE CASES.
Having thus disposed OF the case
| IL Cru I,