Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-11-21
MIR. MOsELEY,s ARREST.
Further Proceeding. Before the Police Tria
Board Today.

Further Proceedings Before the Police Trial
BOARD Today.
This morning at the first precinct station the
trial Of Lieut. r. b. Boyle and sergt Chss. c.
Myers OF the police force. on charges preferred
by Mr.. Edv. A. Moseley, was resumed before
the trial board. Capt NJ. A. Austin and Lieuts.
John F. Kelly and J. Z. Heffner. Sergt.
Myers took the stand and his cro-s-examination
was resumed by Mr.. Day. counsel for Mr..
Moseley. The sergeant said that he acted upon.
O'Seills assertion that the chief of police
wished the warrant served at once. The war;
rant was served when it was, about l am. be-
cause of Lieut.. Boyle's written order that it
must be served that night Mr.. Day endeav-
ored to have sergt. Myers describe the route
taken by him the night Of the arrest after be
left the station house. but the witness stated
that he was unable to give the route In detail.
In reply to inquiries by Mr. Davis, Sergeant
Myers said that had he received Lieut.. Boyle's
order before midnight he would have directed
the arrest to be made earlier. Mr.. Moseieys
address not on the warrant when ONeili
handed it to witness. IL it had not been for
Lieut. Boyles order and the representations Of
O'NeilI that he in danger Of his life when
he called at midnight he Myers would not
have ordered the arrest at the time he did.
The witness was subjected to a lengthy ex-
animation. but nothing knew was developed.
Mr.. LrpscoMBs EVIDENCE.
Mr.. A. A. Lipscomb was thu sworn and testi-
fed that in response to q note received from
Mr. Moseley shortly after his arrest he went to
the station. He expected to find Mr.. Moseley
in the office, but told by the station keeper
that he was locked up. He asked that Mr..
Moseley be brought down, but the station
keeper, who was terrorized by some one or
something, said that Sergt. Myers had given
him express orders not to release him from the
room in which he was locked up. He
was then taken upstairs and locked up
with Mr. Moseley, the station keeper
explaining that that WAS the only way In which
the interview could be had Mr.. Lipscomb
then explained the manner in which he finally
obtained Mr. Moseley's release, about 8 ATM,
the release being obtained upon an order of
Judge Kiuiball that Mr.. Moselsy be released in
his (Lipscomb's) custody.
Mr.. Lipscomb described O'Neill as - self
evident crank, but on objection by Mr.. Davis
the answer was ruled out. He then described
ONeills personal appearance, Mr.. Days in
quiry being made for the purpose of show
ing that ONeilrs appearance did not war
rant any reliance being placed in his state
ment. He said that O'Neil was a man OF about
fifty, short and stout; that he carried contin-
ually q satchel filed mostly with newspaper
clippings, and he wore high silk tile of IAN
clent vintage.
Mr. Lipscomb said tina. be did no, believe
TO arrest a reputable citizen peace warrant
at unreasonable hour of the night.
This answer Of Nr. Lpscomb was, on Mr..
Hasis objection. ruled out, but permitted to
remain in the record of the
The examination of Mr. Lipscomb by
Mr.. Davis devoted mainly to a discussion
OF the powers OF police officers to accept bail
and collateral. it being admitted by both sides
that in the Of threats no bail could De
eepted by the officers.
testified that o NELL very anxious to
cure the warrant that he might hand it to an
officer. OSeill was very much excited at the
time. The warrant was not given 10 him. how
ever. ONeill said that he was a stranger here;
that he In hurry to get back to New York,
and that be wished the warrant served before
he left the city.
LIEUr. BOYLE on THE STAND.
Lieut. r. B. Boyle, one of the accused officers
then took the stand. He said he was IN and
raised here; that he was forty two years Of age;
that he had been the force nearly nineteen
years. and that he made lieutenant
las; July. He then described his con-
nection with the case under hearing.
saying that he first heard of the warrant
about the afternoon preceding the arres t.
He said that after Officer Evans failed to find
Mr.. Moseley he sent Officer Hart out to Mr..
Moseley's residence. Hart returned and re-
ported that he did not find Mr.. Moseley at
home. The warrant was then, between
and pm. put in the telephone
call at midnight. Witness then, about s45,
went home. About 10 O'Clock ONeill came to
witness house. and. calling him up, reported
that his (witnessD officers were neglecting
their duty in not serving the warrant:
that he was in danger of his life
from Moseley and that he begged witness
to have Moseley arrested at once. Witness then
wrote a note to Sergt. Myers requesting
him to make the arrest and handed il to O'NeilA
Nothing WAS said in il that the arrest should be
made that night at all hazards. Witness knew
nothing more about the matter until his arrival
at his station, about s o'clock the
next morning. Sergt. Myers then TT
ported that he had received the note
written by witness and that Mr.. Moseley hac
been arrested. Sergf- Myers said that Mr..
when brought in, and had threatened to have
him (witness) removed upon change OF adj
ministration the following month (Soyember),
and had said to Myers, looking at Myers Ma
sonic emblem, But you all right"
Witness had heard the late Judge Smell Of
the Police Court say on the bench that an Off
Ger who had peace warrant and neglected to
serve il would be held responsible in the event
of the accused party carrying the threat into
execution. In doing all he did in the matter Of
Mr.. Noseley's arrest witness had simply per-
formed his duty as lie conceived it, He had no
feeling in the matter one way or the other, aud
knew neither Mr.. Moseley nor O'Neill.
CROss-ExAMINED.
The hearing was adjourned at 12:45 until 1:l5,
and after recess Lieut. Boyle cross-exam-
ined by Mr.. Day. The lieutenant said that in
the execution of warrants he never inquired as
to whether the party charged was or was not a
reputable citizen. He directed the execution
Of warrants without fear OF favor.
Witness. after the case dismissed in the
Police Court. received o telephone message
from Sanitary Oficer Frank inquiring if be
knew anything about O'Neili, who, Mr. Frank
said, was a crank. He then sent Officer Frank
the letter Neill had written witness an answer
20 Frank sinquiry. Witness said he could recall an
other instance where the chief of police had
sent a stranger with n warrant asking the ar
rest of a reputable citizen. When he got the
warrant witness did not call up the chief of po-
lice TO inquire II the message delivered by
O'Neill was true. He relied upon what O'Neill
said and his seeming respectsbility.