The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-08-22
MURPHY BACKS DOWN.
Afraid to Push the Charge Against
PatrOlman Ahern.

Afraid to Push the Charge Against
Patrolman Ahern.
A warrant was issued Thursday night
for the arrest of Patrolman Ahern, on
a charge of assault and battery, the
complaining witness being Peter Muir
phy, the hotel runner. The warrant
was sent to police headquarters along
with other papers of the same nature,
but when court convened, yesterday
morning, there was no appearance of
Patrolman Ahern. City Prosecutor OPP
penheim inquired as to the reason for
the absence of the prisoner but received
no reply from the officer from the police
department, who has charge of the
criminal cases in the court. Yesterday
afternoon Mr.. Oppenheim asked that
the court request the presence of Chief
Goss, for the purpose of learning why
the mandate Of the court had been
disregarded and the warrant for
Ahern's arrest had not been served.
Mr. Oppenheim said there was no rea-
son why the officer should not have
been brought into court He had seen
him about the court house during the
noon hour and knew that he was on
duty not half mile from the court
room. A policeman, Mr.. Oppenheim
contended, should not be beyond the
power of a warrant duly issued by the
court, and they should be treated like
other persons against whom warrants
had been issued.
Judge Twohy said he had been in
formed that there had been no service
of the warrant for the reason that the
complaining witness did not care to
prosecute the case and desired to with
draw the warrant. This, while not re-
lieving the chief of police from respon-
sibility in not serving the warrant,
seemed to him a sufficient reason for
the postponment of any action in the
case at the present time. The court,
however, said he would take notice Of
a motion in reference to the matter at
the morning session of the court to-
day.
Clerk Conroy said the warrant had
been returned by Lieut.. BOerner and
with the information that the COM
planning witness desired to withdraw
the complaint Murphy corroborated
the statement and said that he was in
business which would not allow him
to buck the entire police force. He
did not want to be understood by this
that he was doing anything contrary
to the law, but his usefulness as a
hotel runner could be curtailed to a
large extent, If he engaged in any war
fare with the police department.
Judge Twohy, seen after the adjourn
ment of court, said, when the case of
disorderly conduct against Murphy
was dismissed, he understood that the
trouble between Ahern and Murphy
had been settled, and the assault on
Murphy by the officer would not be
pressed. twas with this understand
ing that the case had been dropped and
Murphy discharged There was moth
ing that could be done in the case, so
far as he could see, until Ahern was
before the court. If, Murphy insisted
on Withdrawing the complaint it would
settle the case, although it had always
been the practice to have such COM
plants withdrawn in open court and
with the consent Of the prosecuting at
torney.
1t was reported last evening that
Patrolman Ahern would appear in the
police court this morning, and at the
same time Murphy would also appear
and notify the court that he desired to
withdraw the complaint.