Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-08-21
The Hearing in the Case Of Officer
Klinger.
M TALK WITH COURT WITNESSES
Judge Miller Looks Into the Charges
Against Washbum.
sERGT. DALEY'S STATEMENT


morning. In Judge Taylor's court Police
man Ossie Klinger Of the fourth precinct
was under investigation for alleged con-
tempt of court. In Judge Miller's private
Office the Judge was conducting an investi-
cation into the charges preferred against
Warrant Clerk Washburn. Lawyer Oscar
Nauck represented Policeman Klinger, and
Lawyer O'Neill appeared to represent the
other side.
There was 81 me preliminary skirmish-
ing, in which counsel for the officer objected
to the appearance of O'Neill as public
prosecutor, but this the court overruled.
There was a large audience In the court to
hear the case. among those occupying the
seats being several Of the policemen who
were recently dismissed as the result OF
the investigation.
bartender MayO's Testimony.
The hearing was finally started, and a
red-haired man with a small mustache,
whose name was given as Ell Mayo, was
put on the stand. He was once a bartender
in Henry Seney's saloon in South Wash
ington. AS heretofore stated, the alleged
contempt consisted Of a statement said
to have been made by the officer when he
served summons on Mayo to appear as a
witness for the defense In the Seney liquor
ce Sc.
Mayo testified that when the officer read
the summons to him he Qklinger) said to
MIN: III you have any work to do You had
better go TO 1t. as you will get no fee for
going TO court
Lawyer Nauck then cross-examined wit
ness concerning the affidavit he made and
also concerning the minor details of the
affair. Witness appeared in response to the
summons. What the officer said to him had
no weight with him, and did not keep him
away Witness told about having seen
md 60 tla<.
he (Mayo) made about the case
witness said he didn't remember when
several questions were asked him. and he
denied that he had been told to make such
an answer.
Hexc<inh Bcrryman's Story,
Hezekiah Bergman. a colored man who
works for Seney, the saloon keeper. was
next, called. He was summoned as a wit
ness by Officer Klinger. Witness said his
sister asked him IL he was going to court
and il he would get paid for going. He
asked the officer about the matter and the
latter told him that ne would not get a fee.
He denied the truth Of a statement in
the affidavit produced in court The afi-
davit recited that the officer had stated that
he need not appear in court unless he so
desired, This, he said, was not true; that
the officer made no such statement.
What Feank Hayes Said.
Frank Hayes. co1ored. who was also
summoned I'm the Seney case; was called.
He said that he had just been given work,
and he told the officer that he did not want
to lose his job. klinger then told him that
he wouldn't get any fee and that the case
wouldn't amount to anything. anyhow.
Because of what the officer told him he re-
mained away from court.
On cross-examfnauon witness said he
had been a clam man and had stood In
front Of Seney's saloon, but was driven
fs.<.~ N1,xxr1 lxx,n
in Seney's saloon last night. but he could
not tell how many drinks he took in there.
Charges Against Washburn.
As stated in yesterdays Star, Judge Miller
asked Sergt. Daley to reduce his charges
against Washburn to writing. and this
morning he presented the following:
Il respectfully state that 1 have been in
formed that the fund for the payment Of
witness fees is improperly used by Warrant
Court of the District of Columbia. Accom-
panying this complaint are affidavtts made
by William Lancaster and Solomon Green,
who state that they received witness fee
in cases in which they had not been sum-
moned or that they had no knowledge what
ever Of, as part payment Of a reward which
had been offered by Deputy Marshal Nc
loway, who had been arrested under the
name OF William Jordan aud escaped from
the custody Of Deputy Marshal McCaffrey
about the latter part Of the year 1897.
Il desire to call your attention to this
matter. so that your honor may investigate
It," Accompanying this statement were
the affidavits made by the colored men, a
copy Of which was printed in yesterdays
Star.
When the judge was ready to proceed
with the Investigation Lawyer G. Maurice
Smith was present to look after the inter-
ests Of the accused clerk, while ex-Deputy
AforS St,nl Soff hos
toned In the affidavits, and Sergt Daley
were also present.
Ex-Deputy McCaFrey's Statement.
Ex-Deputy McCaffrey made a statement
in the case. which Judge Miller reduced to
writing. His statement reads:
II remember the case of John Lee, alias
William Jordan. / was told that Solomon
Green and William Lancaster could aid in
his recapture. / spoke to Green about it
and told him would pay him IL he located
the prisoner SO that he could be caught l
mentioned no stipulated sum. Upon the
strength of this l gave Green small sums
Of money from time to time, and when the
prisoner was finally located and recaptured
/ gave Lancaster $ and Green So. The
money was paid them from the marshars
office l took their receipts and turned
them into the marshal. who. 1 believe
at whose request the effort to recapture
him was made.
II distinctly state that l had no agree
ment with the men, or with Mr.. Washburn.
by which Mr.. Washburn was to pay them
any amount whatever in witness fees; that
1 never asked Mr.. Washburn to do any
thing of this sort, or had any knowledge
whatever of such a thing having been done.
further state that this sum of money paid
by me in cash to these men was in full for
their services. and that 1 did not promise
them $40, or any other specific sum, but
paid them what l thought they were en-
titled to for their services; that this is all
know concerning the matter In which this
statement is made
Judge Miller then proceeded to question
Sergt. Daley and officers who figured in
cases cited by Sergt. Daley, in which 1t was
alleged witness fees had been paid when
the persons 80 paid had not appeared as
witnesses. The investigation Will probably
not be concluded for several days.
Klinger Denies the Charges.
1t was shown by witnesses that the sum-
mems was sent through the regular channel,
and then the court took a recess. After re-
cess the accused officer took the stand. He
produced the legal writ which he served
and copied. Then he told of his conduct in
the matter, saying ne served the paper in
the regular way. He denied the charge
made in very respect.
Policeman Rna'ee, who was with him when