The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-02-05
WEIGH WINS THE CASE.
THE BOARD SAYS THE CHARGE IS
NOT SUSTAINED.
The Acting Chief Consented to His
Absence-Dr. AIiIIirOn's Testimony
The TriaI Last Night.

Driver Tom Welch of the fire de-
partment, who was suspended on Sept.
IN, for being absent from his post
without leave. was tried by the board
of fire and police commissioners last
night and acquitted the result being a
verdict by the board that the evidence
did not sustain the charges.
The charges against Welch were pre-
ferred by Assistant Chief NJ. NJ. Dono-
van, who alleged that WEIGH absented
himself from duty from August 5 to
August p. 1894. without leave from his
superior officer When the prosecution
had concluded its testimony, it was
plainly evident that no case had been
made out. and had Chief Devine, who
was conducting the case, aCQuiesced in
a motion for dismissal right there ne
would have saved great deal of
glory, which was otherwise lost.
Briefly outlined, the testimony was as
follows:
Assistant Chief Donovan stated that
he was acting chief of the department
from August to August u, and that
WeIch had reported by telephone that
he was sick and would report later.
He did report August d, and went to
work next day.
On crOss-examinatiOn, Chief Donovan
said that DR.. Milliron reported for
WEIGH on August II, to the effect that
the latter was sick. He also heard
from DIR. Beatty August 21sti that
Welch was sick.
Lieutenant Workman cOrrObOrated
Assistant Chief Donovan, adding that
WEIGH was expected back at Z o'clock.
Several times Welch had failed to re-
port, and it was commonly understood
that he was sick, and under the care
of the doctor.
Captain Sullivan was next exam
lined and testified that Welch did not
report to him on the morning that he
left.
w. H. Bywater said that he received
the telephone message from WEIGH an
= nOuncing that he was sick. After
wards saw him at Liberty Park with
DR.. TiltOn.
Secretary Chalmers testified that DR.
MilIiron mad notified the department
! that Welch was sick on Aug. IL.
: Charles Vail said he saw WEIGH at
the department Aug. in the clubroom.
but had not noticed whether he was
walking with d cane.
! Captain Donovan, recalled, said that
: he gave WEIGH leave of absence over
l the telephone by telling him that d
: man was in his place and it was all
l right.
I Judge Powers moved dismissal at
} this point but the board decided to
hear the defense.
7 Welch's story was that he went out
: TO breakfast and was taken i'll and
went to the First ward drug store for
I medicine. He went to DR. Miliiron and
: pending his arrival telephoned. He
= afterwards telephoned again.
e A certificate from Dr. Beatty was
then submitted, testifying that WEIGH
4 was sick.
K WEIGH testified that he was sick in
+ bed for four or five days; came down
e Aug. and was in bed afterward nine
t days. after which he reported on Aug.
~ and worked until Sept. II, when he
s was suspended.
! Frank Burt testified that Welch was
complaining Of illness on Aug. ., anG
# saying that if he did not feel better he
q would not come back.
e Charles SpIain testified to WEIGHS ill
ness on Aug. >.
! Dr. Milliron testified to treating
= WEIGH and advising him to remain
away from work; had reported 1t to The
e department three times in person ans
q one or two times by telephone.
e This closed the case and after the
IS verdict was announced as reported
above.
l. Chief Devine, when asked if Welci
l.. would be put back TO work, replied il
Y the affirmative.