The morning call., 1892-01-31
e BEAR" MCCARTHY
PLACED ON TRIAL.
General Testimony Presented
Against the Engineer.
Attorney Wilson Has a Stormy Encounter
With the Board CT Fire Commissioners.
Clerk Broad Asks to Be Reinstated.

During the meeting of the Board Of Fire
Commissioners yesterday afternoon the pro-
ceedings were of unusual interest. mas
much as the trial of District Engineer John
Mccarthy, charged with bribery, was com
menced
When the board was called to order, Com
missioner Parsons presented a new rule,
providing for tue filing Of positions in the
department by promotion of incumbents of
the next lower position, provided the latter
are competent. Parsons explained that the
rule would be an incentive for members Of
the department to become more efficient
and would result in furnishing better men
to fill the responsible pos tons Every
man. from the lowest cxtraman, might look
forward with a hope Of promotion.
Commissioner Ames seconded a motion
20 adopt the rule, and j; was carried, Mar
tin being the only dissauter.
Parsons said he had prepared a second
amendment to the rules. He proposed that
the department be divided into two depart
ments - executive and mechanical This
matter was referred to a committee to re-
wise the rules in order to provide for pro-
motions and to make the rules conform to
recent court decisions.
4 petition from the McAliister-stree. I'm
pr0vement Club for fre-alarm box at
Sanyan and McAuster streets was re-
fprred 10 the Chief Engineer for inYes tga-
ton.
OF INTEREST TO THE CROWD.
Then came something OF more interest 10
the crowd Of spectators. 1t was the taking
up of the charges against District Engineer
Mccarthy, through the connivance Of the
Kelly-Crimmns juDta. Attorney J. n +.
Wilson appeared as counsel for Mccarthy.
and when the vague and ambiguous charges
of bribery were read 3lcCarth ) promptly
pleaded not guilty.
Mr.. Wilson declared himself from the
start. Il move to dismiss these charges"
said be, ION the ground of their uncer-
tanty, and that they do not set forth facts
sufficient to place any one on the offensive.
One Of the first rules Of human IF lis is
that every man should be apDrSed OF The
full facts connected with charges against
him. You could not 60 into a court Of JUS
tee on q charge of this kind. You your
selves would not like to be tried on such
vague charges. There IS nothing to show
that the alleged offenses were commit ted In
San Francisco, the amounts received or the
names of accuser5. l ask you gentlemen Of
the commission to put yourselves IN this
mans position to De tried on charges OF this
fimsy character"
Parsons suggested that Chief Scaunell was
the accuseT.
Wilson said it was necessary that the
names Of the parties with whom the alleged
Otfenses were committed be mentioned IN
order to place Mccarthy upon his defense.
no DESIRE TO FORCE A TRIAL.
Chairman Schmitt explained that the
board mad no desire TO force McCart thy to
hasty defense. After the department W it.
nesses had testified he would be given am
pie time to prepare his defense. The de-
partment," he continued, " Is ready to-day
with witnesses to take away the ambiguity
of the complaint"
" want Mccarthy to be placed in posi-
ton where he knows what he has to meet"
said the counsel for the accused, who then
interpused a demurrer to the complaint on
the grounds stated.
Commissioner Martin objected TO Schmitt
sitting in the board during the trial g be-
lieYe." said Martin as he spraDg to his feet
aud pointed to the Chairman, that you be-
lieye the accused guilty already"
Schmitt was not abashed in the least He
said lie had bren expecting an attack of that
kind. Without blush he said he was not
biased and was ready to try the case fairly
and impartialY.
Ames called attention to the fact that the
demurrer TO the complaint had not been
| disposed Of.
81 propose to preserve my clients rights"
said Wilson; you are going to spring wit
| nesses upon him without giving him a chance
to defend himself. The case is so fragrant
and unjust that II you don't put in the
names Of the accusers to-day yOu will have
to do 10 six months from now. If you gem
tlemen will amend the complaint and serve
1t by Tuesday, will be ready for the trial
by next Saturday. What is the reason you
do not place in the names Of the accusers? ?"
TO PROTECT THE WITNESSES.
These charges were brought" SAID
Schmtt, 'without stating names because
we did not want the witnesses harassed by
McCarthy's friends"
Then" said Wilson, with great heat,
what guarantee has this defendant that
the men who are prosecuting him have not
already harassed these witnesses? | sub
NIT 1t would be much better TO amend these
charges. 1t is arrant nonsense for any
member to desire TO try Mccarthy on the
present charges"
Parsons said he was as well prepared to
try the case as he would be at any time.
There Is 10 doubt Of that" was the at
| torneys keen TetOrt " y on would like to
be convicted Of murder without knowing
the name of the person you had killed and
take an appeal afterward."
Schmtt was anxious to take the testi-
m ony OF the witnesses present. A motion
to dismiss the charges was lost, as was also
motion TO sustain the demurrer
The trial began by calling David T.
Pierce, builder and contractor, as the first
witness. He said that he erected building
for Lot ID. SlOcum on the south side OF SUIT
ter street, between Leavenworth and HYDE
1t was commenced in September, $780, ana
finished in March, 1891.
A PRESENT OF $40.
'ln the construction Of this building" he
continued Il had conversation with Nc
Carthy. We were building a party-wall
when Mccarthy stopped US and said the
wall was not being built according TO law.
Alter that some other officers Of the Fire
Department told Slocum the wall was all
right. | started the men to work again.
Mccarthy gave me TO understand that he
had helped us in the construction by not de-
laying matters, and the consequence was |
gave him $40 subsequently talked with
him, and ne said that the owner of the
building ought TO do something for him, but
olocum altsrward refused to do so. / went