The record-union., 1895-06-08
RUTHERFORD REPRIMANDED.
The Trustees Think He Was Rough
on Tamaki.
They VIII Confer Next Wednesday
Concerning the Henry Clear
Water Suit.

Water Suit.
At last nights session OF the City
Trustees President Lawton called up the
charges against officer Rutherford for the
alleged Entertainment of q Japanese named
S. O. Tam2ki. The latter was not present
and the matter went over temporarily.
A resolution of intention was adopted
to lay a sewer in the alley between Z and
@, Sixth and Seventh streets.
The petition of August Gustafson to
conduct saloon in the block between Y
and P, Twentieth and Twenty-tlrst
streets, was referred to the Chief OF Po-
lea
Leonard offered resolution that as the
CITY has been sued by W. u. Henry for
$500. 900, and as the city will require ad-
ditional counsel, the board meet next
Wednesday evening in executive session
TO take action in the matter. and that the
Mayor, Corporation Counsel Devlin, City
Attorney Brown and J. II. McKune be
invited TO be present.
The resolution was adopted.
THE RUTHERFORD MATTER.
i ne CHARGES dBdiHoe OAhSoA AsosHSAASA
were then taken up.
Tamaki testified that when he asked
Rutherford on Fourth street why he had
arrested another Japanese Rutherford
struck him on the breast. At the police
station Rutherford struck him IN the
face and knocked him down. He was
then put into cell, Dus Was released
shortly afterward.
A Japanese named Teraushi testified
that Rutherford struck Tamaki in the
face at the police station. and then locked
him up.
Night Sergeant j. J. Plunkett testified
that Rutherford had an alteration with
Tamaki, but what it was about he did
not know. He saw Rutherford slap
Tamaki, but the latter was not knocked
down.
Plunkett said it was necessary at times
to shove the horde of Chinese and jap
anese out of the City Prison whenever
any of their countrymen are arrested. Ii
they were allowed to do so they would
take possession of the police station.
Captain of Police Greene testified that
Tamaki did not complain to him OF the
treatment he said he received from Ruth
erford.
special officer Balsz testified that Ia
maxi was talking to another Japanese
who had been arrested. Rutherford
struck Tamaki with his open hand. but
did not knock him down. The Jap re-
fused to stop talking when Rutherford
ordered him to.
Officer Rutherford testified that Ia
maxi demanded that he release the Jap
anese then under arrest. and used pro-
fame language. rutherford admitted
having struck Tamaki, but only lightly.
He had warned him two or three times
not to talk to the prisoner.
City Attorney Brown said he saw Ia
maxi the next morning. but the latter's
face bore no evidence OF being punched,
as pamaki told him il had been, He con-
sidered Rutherford one of the best OIL
GERS on the force. Complaints. he said,
had been made to him about Rutherford
and upon investigation no cause could be
found. The fact that Tamakis face was
not bruised the next morning wOnld con-
strain the witness to dlsbelleve Tamakrs
entire story.
Tamaki was recalled. He said he was
in City Attorney Browns Office relating
to that official his treatment at the hands
of the officer, when Rutherford asked
him not to tell Mr.. Brown what oc-
CURED the night before in the police sta
ton. The City Attorney did not seem
inclined TO take any action in the matter,
and he consulted his attorney.
Rutherford denied Tamakps statement
fatty.
This concluded the testimony, and
Kent moved that tho board take the
charges under consideration until Mon
day evening.
Pennish was opposed to the matter
being put off. He objected to any more
Japanese evidence being obtained.
Davis said he was ready then and there
to vote on the charges. lie did not think
there was anything in the case.
Devine said the police officers believe
they have the right to forcibly eject per-
son from the police station. He did not
think they had that right.
The motion to lay over was lost.
Pennish moved that the charges against
Rutherford be dismissed. and the motion
was seconded by Bragg.
Tozer said the testimony showed that
Rutherford was guilty of conduct unbe-
right to throw Tomaki out the way the
latter says he did.
Devine moved as an amendment that
Rutherford be reprimanded, and that the
charge be then dismissed, so as to make
an impression on the other officers.
Kent said the case was one-sided.
Rutherford was supported in his defenses
by his brother officers. He believed
what Tamaki had said. Rutherford
should be suspended for thirty days.
Public sentiment is against Rutherford,
said Kent, not only about the charges
preferred by Tamaki, but concerning
other matters.
Rutherford, he said, had got off luckily
in other matters, as was said by one of
the jurors who had voted to
acquit him of the charge of man
slaughter for killing Elmer Schmidt. 1t
was reported that the police officers had
paid the Trustees for their votes, and
that the latter dare not dismiss an officer.
He moved as a substitute that Ruther-
ford be suspended for thirty days.
Kent, Devlne and Leonard voted aye,
and Wachhorst. Davis, Bragg, Tozer,
Pennish and Lawton voted no.
The motion to dismiss the charges and
reprimand Rutherford was then carried,
Lawton, Bragg, Tozer, Devine, Wach-
horst, Pennish and Davis voting aye, and
Leonard and Kent no.
The board then adjourned.