Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-07-16
Las, Nigbrs Preceding.

Last NIgbIs Proceedings.
The board Of police and fire commits
sioners held a meeting In their oiiio,
In the old city hall last night, com
menoIng at $3.50. All the members o.
the board were present, and the meet
log room was filled 10 iis utmost ca
pAclty. The business before the board
was the cases Of the hTemon who had
recently been roinstRted by order Of
ths supreme court, but who since that
time had had the old aud additional
charges filed sgalnst them. They
were represented by Mr.. SlTaup, Of tue
firm Of Powers, Stfhup & Lipman,
while the city'H Interests were looked
after by Mr. Van Horne.
Before proceeding with the regular
order Of events, Mr.. Sifaup, In behalf
OF the recently suspended IRE on clhls,
Donovan anu Sullivan, stated that they
would contrOyert the right Of Auspen.
lion and claim pay for the time they
,fo under suspension, aud asked that
he board ia n definite time for the
hearing OF said oAses; he, however,
suggesting that II DO cot for Friday,
the Goth, ana that IL take place during
the day. After some discussion on
this point, the board fixed Monday
tbs 10th inst, Mt y. M, for the
commencement Of said hearing.
THIS done, the regular order Of
business wpH brought up Hnd the case
OF Fireman John McAiullsn proceeded
with. Mt. SlrHup then presented the
following; After reading the specific
charges MED against Mr.. MoMullon
ho objected TO the oduelion Of amy
evidence, or the trial Of the case, uren
this ground that the charges were con-
trafy 10 rule 2 OF the rules governing
tho IRE department, which provides
that mo GAYS snail bs brought up
unless within thirty days from date Of
hIng," he therefore objected 10 the
Introduction Of any evidence that was
more than u year old.
Mr.. Van Horne took II that that AZ
piled only TO tho charges preferred 10
tho chief agalnet members OF tho de.
pat,menL This following Witnssse.
wore then sworn Ia behalf OF the
BOARD; Chist Deylne. DR.. toachAm
and MessFF. Workman, Mccarthy anu
Chalmers.
The hrst witness was DR.. Aisachau.
He testified that he was u physician
anu surgeon, and that at all the times
mentioned In tho complaint he was
praciieing NJ such aud that he was
acquainted with tho physical ability
Of Mir. MeMullen. Witness was
shown u certificate, AMI recognizsd
10 as belnE paper drawn up
Inv HIM IA al -
fendsnps use Of Intoxicating liquors,
oiher IMAM that contained In the cert.
ncste. When asked n tho report was
ifuo 10 the best Of his knowledge and
belief, MI. StrAup interp0sed Nh obJso-
lion on the grounds that II was inima.
teflal, Irrelevant aud incompetent,
winch objection was sustained. When
asked whether he knew tue habits OF
tue defendant with regard 10 the use OF
stimulants at the time OF
making the examiuAti0n, tue witness
foiusou TO answer, on tho ground that
he had the privilege Of retaining that
Information 10 himself The board
svegruled the refusal and said that the
question should be- answered, when
the witness stated that lie knew his
habit In that regard. when asked
what his habits were, tho witness again
refused to answer. MIR. Van Horne
plead with tho board TO have tho ques.
ton answered. Mr.. STaupsAid the luos.
lion was one regarding the hRsiIs Of |
tho man and not 0ns which n Lhysi. |
clan would Inquire into In u prOfss.
nional capacity, AlsO that tho supTema |
court had ruled that those who were |
members OF the department vi the |
time Of the organization Of the board |
were not subject ~ examination.
CToss'eHamined by Nit. 5traup:
Stated that he had known the defend. |
ant, ana hAd examined him ~ to his |
physical quail fiCEllsus. When asksI |
u no recommended his sppolnlmen tue |
said that whatever tue cerufuats |
showed wss his recommendation. On
Ooing Ts-cTOss-eKAmIned by Mr.. Van |
Horne, the certificate was olierud In /
evidence. The defendant hal certain /
iilmsnls ana habits which tho doctor |
refused 10 diNulge In pubic.
IL appears that In tho body Of the |
certificate the doctor recommends his |
appointment, tut on n alip attached |
thereto, he recommends thGt hp be NOT |
appointed. Mr.. Htraup seemed To DO |
iomewhat suspieiOus about this, think. !
Ing perhaps that II had boon tgmIured /
with, anu on asking the witness II hS /
hal attached sald slip after the ceTtin. |
cate had been prepared aud presented |
10 the board, the witness replied In tbs |
negative.
Alter some further examination |
Jhiei DeVine was called upon 10 wit. |
less. Testified that no was chief Of |
HE depsrtmunl Eud had been ssov /
.a54 He was acquainted with JHn !
anu HE habits anu said that
iutiug the month Ui Muy hs hAu scsn
defendant Intoxicated white on duty IN
ne headquarters VI tho department.
ia hul conversations VI on advisory |
nature with hin AMI had asked aim 10
'ea,e his habits Rud lead u better lifa
u hit 0nlclal capacity. such CONVEX.
alton had always been OF a friendly
nature,
In his crOtB.e1aminallon he stated
hht he hud seen him Intoxicated
'o0d many times but not to an extent
nat 0ulh iucapaCitale him from at.
ending TO his duties. The hfst time
10 saw him In that condition was
4 out two or three mOgths after MI.
)5vlno had ;aEan his place.
Tue uNllenUeB ~ MgMullsn being
Intoxicated were witnessed by his gems
Fal demeanor opening anu closing OF
ho eyes, smell OF the breath, shaking
{ the head, etc. Had hot seen MIN