Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-11

THE TESTIMONY.
Yesterday afternoon in the Police Court in
the trial Of Sergt. John C. Daley Of the police
force. charged with perjury, the defendant was
on the stand when The STARS report closed.
After telling Of his activity in the prosecution
of liquor cases and his attention to duty in
bringing intoxicated policemen to account for
their conduct. defendant said in answer to
question by counsel that he was not an appli-
can't for the leutenancy. nor had he ever hlec
application for the promotion.
Defendant had been before the trial board
himself. Once he was up on a number OF
charges preferred against him by saloon
keeper who was backed by the Liquor Dealers
Association. and three lawyers were employed
PENDANT, Il was honorably acquitted" He
added that he was also acquitted of other
charges filed against him.
ERAsUREs on TIE ROLL CALL.
The roll call from the station Was produced,
and it showed that there had been a number of
erasures.
Judge Miller examined the book and heard
the explanations of both Lieut. Gessford and
the defendant.
Sergeant Daley made a remark about the
mounted men. saying it was his opinion that a
number OF them were under the influence Of
liquor.
GOT PINT BOTTLE.
Policeman Hess was sworn, and he told of
the actions Of Matthew Malloy, who was
member OF the force that day. Malioy, he said.
came along and asked witness where he could
get drink. Witness told him nothing about
what he wanted to know. Malloy tied his horse
in front of plumbing establishment and left
Later on witness saw him on his horse and
Malloy called to him, II got pint bottle
Il was not drunk that day." said the officer
replying to the statement of Sergt Daley,
land WAS member of the mounted force ("
"Do you drink Judge Weed asked him.
II decline to answer" was the officers reply.
The court instructed him to answer the cues
ton. and he then said: Eyes, 1 drink when L
feel like 1t. have some at home, and if you
come over I'll give you some"
1T would take bigger man than You to
make me drink" retorted Judge Weed.
81 don't want to persuade anybody to drink"
added the officer.
Policemen Fifeld and Geaghan were called.
Their evidence showed nothing material to the
issue.
LIEUT.. GEssFoRD AGAIN.
Lieut.. Gessford was then recalled by Mr..
Mullowney and questioned concerning the
erasures on the roll book. The book. he said,
was kept in his private room. and he had
learned today for the first time that Sergeants
Daley and Dunnigan had been in there and
overhauled il.
at was not overhauled by me- interrupted
Sergt. Dunnigan.
Lieut.. Gessford, resuming, said that he knew
nothing of the erasures. They were not made
by him or by his direction.
Sergeant Daley also denied that he had made
the erasures.
Sergeant Lombarby was recalled and cues
toned about Officer Malloy. He saw the latter
In front of the station on the night in question
and he said to witness: 'They are talking
about p-eferring charges against me; look at
the drunken crowd in the police station"
Further explanations were made and the
case closed SO far as the proof was concerned.
JUDGE WEEDS STATEMENT.
In court this afternoon after recess Judge
Weed called Judge Miller's attention to the
case and explained that this was his
first appearance in a criminal case in
twenty years, which, he said. accounted
for the crude manner in which he had pre-
sented his case, but Judge Miller assured him
that he had managed the case in an able man
ner, and that it had been fairly tried and
ably presented.
Judge Weed, continuing, said that his client
had instructed him to have full and free in
vestigation of the matter. He had instructed
him to take no advantage of technicallties
and to hide nothing. but to let all the
facts come out. Counsel said he advised
him to waive an examination and let the case
go direct to the grand jury, but his client OBJ
jected 10 this course because he thought il
would jeopardize his position on the police
force and might give those opposed to
him an opportunity to down him.
in the words of police slang. Counsel re-
ferred to points in the proof and also paid
some attention to the law bearing on the charge
made in the warrant. Counsel argued that
there was nothing in the proof to show that
there was anything willful or malicious
IN the case, but to the contrary.
he performed what he thought to be his duty
and told the truth in stating the charges Con-
corning what was seen In the police station on
the night in question counsel said he knew. and
no one would question the assertion, that Ser
geant Daley saw the picture with a sober eye.
COMMENT ON THE TRIAL BOARD.
Commenting on the trial committee that tried
Lieut. Gessford, counsel said it was the
most perfunctory proceeding he had ever
heard of. None of the witnesses pro-
duced here by Daley were examined
there. If these facts had been shown there
the Commissioners could not have reached
the decision they did. nor could they have
reached such a decision If the record
sent to them from police headquarters
had been a true transcript of what happened.
nor if it had contained the question asked by
Inspector Pearson of Lieut. Gessford when he
asked If GessfoTd had been drinking and he re-
piled that he declined to answer
Following this counsel mentioned the re-
marks of the Commissioners in that case as re-
ferring to Sergt. Daley.
Judge Miller read the Endorsement on the
paper, which was printed in The STAR at the
time.
Judge Miller. interrupting. said he did not
know how to account for the change of front
of some of the witnesses. The testimony of
some OF the witnesses. he said, was a hundred
per cent stronger here than il was before the
trial board.
been panied by some of the revelations shown
In the investigation of this case. And" he
said. ii; has narrowed down TO a contest be-
tween the sober policemen. who are trying to
elevate the police force. and the rum drinkers
or members of the rednose fraternity"
In conclusion Judge Weed argued that the
case had not been made out and that his client
should therefore be acquitted.
In short speech Mr. Mullowney argued
that the government had made out a case.
and that examining magistrate il was
his duty not TO decide the case. but
send it along for the grand jury to
investigate. The case. he said. was of great i'm
portance both to Daley and GessforG. and he
therefore thought the matter should be sent to
the grand jury.
TIE JUDGES DECISION.
Judge Miller, in disposing of the case, said he
was not sitting to hear the case, but as an ex-
aiming magistrate he WAS only TO hear proof
and determine whether or not the
government had made out a prima facie case.
The judge explained his duty as an examining