The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-06-02
WHAT WILL 1T BE?
Wittman's Fate Hangs in
the Balance.
Argument of Counsel Heard, and tn e
Commissioners viii Decide To-
Day or To-Morrow.

The argument OF counsel in the Witt
man investigation case took place yester-
day afternoon before the Board of Police
Commissioners. The room was filed with
Police Court attorneys and few other In
terested parties. Commissioner Burns
was not present. The prosecutor, Judge
Conlan, sat beside his attorney, while Sar-
geant Whitman. in full uniform, took a seat
at the reporters table. lie looked cool
and confident.
Attorney Choynskl said he had intended
leaving the case in the hands of the Com
missioners without argument. but as the
defense had decided to adopt a differen
course he would say a few words. He
would direct the attention of the Commits
sioners to the evidence of the twelve wit
nesses for the prosecution which bears di-
rectly on the charges, and at least four of
the witnesses for the defense whose ev-
idence was in confederation. He felt sat
isfied he had made out his case.
Attorney Dunno, counsel for Whitman
spoke for over two hours. He commenced
by dwelling upon the importance of the
controversy, which, he said, involved
something higher than the defendant viz :
the good name and integrity of the whole
Police Department. who had been charac-
teriZed as bIackmailerS and thieves
THAT carbon, O'Hanlon," he said.
"seeks to besmrch with the drippings
from slanderous tongues and lying lips the
good name and reputation of the entire
department. 1t is due, therefore, not only
to this sodierly fellow on trial here. but to
the whole community, that the discussion
of the question at issue should be full,
very full"
He referred to the ease with which
charges of this character could be fabri-
Gated. and pointed out that. as a charge of
eXt0rtion was a criminal charge, il should
be dismissed unless established by credible
evidence aud beyond reasonable doubt.
Otherwise any officer in the departme t
would be ut the mercy Of every pimp and
every blackguard.
The charge against the defendant" he
said. sis of levyDg tribute against these
women. 1t is beggarly complaint. Even
this man Conlan. this scintilating lumi-
nary of Police Court justice, knew that he
was striking this defendant a blow in the
dark by making such II general charge.
MY first impulse was On reading it to
enter a demurrer, but I was rudely over
ruled by my client, who refused TO take
advantage of any legal technicalities, but
Oh the contrary demanded thorough
investigation to show that the base ma
licious and venomous ISLANDERS are un-
founded. That is not what gailty man
would do"
ne lueu Luoh u Juo pOlnL as TO the per-
sonnet OF the parties before the court and
made scathing and bitter attack upon
Judge Conlan, whom he characterized as
having been flung by eccentric fate upon
the Police Court bench after being for
years the confidential adviser "of the ver-
min whoftestfied in this case" and assist
ant prosecuting attorney in the Police
Court
He then discussed the evidence of the
twelve witnesses for the prosecution, one
by one. pointing ont what he alleged to be
contradictions so as TO destroy their re-
liability. He paid particular attention to
buchanan. who so dramatically threw
down the $50 gold piece which he said eX-
Oillcer Briggs had given him as an induce
ment to testify against Whitman.
lie asked for the complete exoneration
OF the defendant and concluded by warn
ing the Commissioners that if charges of
this character followed by such testimony
were sustained no officer of the department.
would be safe, but would be at the mercy
of every pmp and BLACKBOARD.
Attorney Choynski in reply said the
argument of counsel for the defe1 Sc was
Just as he had expected, as The same con-
duct was adopted as had been adopted all
through the Investigation of heaping a buso
upon the prosecution. He called attention
to the fact that the only charge the prose-
cutlon made was against Sergeant Witt
man and not against the whole depart
ment.
After few minutes whispered consul
tation Commissioner Tobin said, 1--WE will
take the case under advisement and will
give decision either tomorrow or the day
after"
The Commissioners will meet in execu.
tive session Tonight