The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-12


trial of Captain Donovan on charges
preferred against him by Chief Of Po-
lice Pratt was commenced last evening
before the board of police and fire COM
missioners
The hearing was Just fairly got under
way by 1890 o'clock when an adjourn
ment was taken until 1880 this morn
ing. There WIS quite an array OF
counsel on behalf of Captain Dono-
van. composed Of Judge Powers, At
torneys Narian, McCallum, Iippman
Mckay and Hoppaugh and Tor the
prosecution Attorney George Sutner-
land and City Attorney Hoge. There
IS some doubt, however, owing TO the
turn affairs took, whether the city
attorney is in the case or not me
defense Objected to Mr. Hoge appear
ing in his capacity Of city attorney on
the around that it was contrary 10 the
statutes for that official to engage IN
prosecution in a controversy between
two city officials. The board appeared
10 sustain the objection and ordered
that the city attorney should take no
active part in the prosecution put oe-
sired that he act as ADVISOR 10 liie
board.
The charges made by Chief Pratt
were published in full AT the time they
were made-Septembe z, 1895. There
are seven specific counts, hut in general
they read as follows:
L herewith charge John J. Donovan,
captain of the police department OF
salt Lake City. territory Of Utah, with
conduct unbecoming a gentleman and
an officer of the police force OF Salt
Lake City, with 4 disregard and Vlo-
lation of the duties of his office with
disrespect toward the chief of the po-
lice department, his superior ofhcer; a
neglect of his duty as captain of the
police force; of making false state
ments and reports to the chief OF the
police department and members of
the board of police and fire commits
sioners; and wilful suppression of
letter directed to the chief Of the said
department, and a wilful and inten-
tlonal concealing Of the said letter
from said chief, and using said letter
for his own sinister and unworthy
personal purposes, as viii more fully
appear in the following specifications.
Then follows the seven specifications,
which viii be taken up and handled as
the trial progresses if they develop
any evidence other than that already
published.
Following the fling of these charges
with the mayor, Captain Donovan re-
manned on the force in an inactive
capacity with salary until Oct. s, when
he was suspended by order of Mayor
Baskin. From that time on he has
not had his name on the payrolls nor
has he drawn any pay.
Seven o'clock was the time set for
the opening Of this now notorious bat
tie, but at 7:30 Messrs. Empey. Steph-
ems and Jennings had not yet located
Commissioner Noble, and the time
dragged until 7:45. when Mr.. Noble
arrived and the board was constituted.
As Chairman Jennings was suffering
from a severe cold and hoarseness, Mr..
Stephens presided.
The Charges in Brief.
The chairman announced that the
charges against Fireman Tremayne
were sustained and that Tremayne was
removed from the department. the re-
moVal 10 date from Oct. 9. the time
of his suspension. Judge Mckay on
behalf of Tremayne entered an excep-
ton to the finding of the board.
Chairman Stephens announced that
the case against Fireman Fitzgerald
would be taken up next Monday even
ing.
The Donovan case was then called
and Attorney c. S Varian ait the out
set made a motion that specifcat ions
i and OF the charges be stricken out
for the reason that specification ( is a
repetition of specification 5, which
charges that Donovan, on August 6,
reported to the chief that officer Nc
Donald had been off duty because OF
sickness, while he donovan was act
ing chief, when, as a matter of fact
Mcdonald was illegally and un-
der the orders of Donovan in
Mount Pleasant hunting up evil
dence to use against Sergeant
Ford against whom Donovan had a
grudge. Specification } charges that
Donovan impaired secrets of the de-
partment contrary to his sworn duty
in that he warned one Smith that the
police suspected him of visiting a
house, and that the police were after
him and would likely get him. and
that by this the ends Of justice were
frustrated. NIr. Varian wanted this
stricken out because It was not specific
enough and does not contain facts
suff to put 2 man on trial Both
motions were overruled, and eXcep-
tons entered.
Judge Powers moved TO strike out
every charge IN the complaint for the
reason that nothing was charged over
which the board had Jurisdiction This
was promptly overruled ana exception
entered.
A formal plea Of not guilty was
=
Chief Pratt Testiies.
Chief Pratt was then examined by
Mr.. Sutherland. He said he was in
Salt Lake city on July q all day. In
the forenoon of that day Donovan
asked and received leave of absence
for four or five days 10 visit friends at
Bingham and Mercur. He went away
and was absent only two or three days.
Witness left the city for Soda Springs
at 1 pm. on July 81 He afterwards
learned that Donovan had not gone to
Mercur as he said he would, but had
gone to Mount Pleasant to investigate
some matters in connection with Ser
geant Ford, for the purpose of bring
ing disgrace on Ford
Judges Mckay and Powers objected
to this line of examination for the rea-
son that it was nobody's business
where Donovan went on leave of alb
sence. The objection was overruled.
City Attorney Hoge arose to make a
statement
Mr.. Varian-Do you appear in the
case Mr.. Hoge?
City Attorney Hoge-Yes.
The City Attorney Objected.
Mr.. Varian-We object to your ap-
pearing in your capacity of city attor-
ney against any city official 1t is
contrary to the law. Your duty is to
defend city officials. Any way the city
is not prosecuting. It is one officer
against another and we don't want to
have the prestige of the city thrown
against us. 1t is not for any personal
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