The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-11-12

demonstrate with an employe WIZ ooii
mitted such an offense, if 1t DO an
offense.
| As to the material put onto private
land, this charge applied probably to the
land about the Portland Beef company.
Now the city claims that is Maple street,
and the Brown heirs claim it as their
private property. Mr.. Staples assumed
that the city owned it. do not contem-
plate that this board will contend that 1t
is private property. If you do know
some individuals who will be very glad
AS to the sand sent to Franklin wharf,
that is public place and the sano was
sent to sprinkle the walks 1t is quesUlon
whether the city might not be liable for
defects on that wharf.
The charge that he bought horses I'M
properly is shown to be false by the lact
| that the purchase of horses belongs 10
other officials. So also it is shown that
he used his own teams for city work only
once in an emergency, and then ne go0 no
pay for them. May not the members OF
this board be appealed to disregard
l 1890 ESS ~ NooSAGuSiy dlbpiofce,
At the Wilmot street dump, 1t Is not
Mr.. Staples's but the city's. This is
proven.
AS to the use of CITY tools, Mr.. Staples
while working as a private contractor
accumulated large stock Of tools. These
he has loaned freely to the city, more
IMAM enough to make up for the use OF
any CITY tools.
AS to dump cart No. II, the testimony
of both Mr.. Staples and Mr.. Sargent
shows that it was not loaned to aid In
selling pair Of horses. And its use
was paid for by loans In return. Is there
anything in that on which to charge an
official OF wrong? Errors will creep into
all departments. IT the practice of loan
ing back and forth is wrong, stop it.
But do not hold up as q criminal the
officer who Is merely following the prac-
tices Of his department..
| II feel,'' said Judge Symonds, THAT I
am wasting my time on these trivial
things. Is there any one of you who be-
lieves that he will steal six collars and a
blanket. 1 have known Mr.. Staples
many years, and hesshas faults. But dis
honesty is not one of them. He is out
spoken and fearless in his ways. ;"
AS to the charge that he hauled city
sand to his sons house, 1t has been proven
that no sand was taken. We did show
| by documents and by witnesses that he
hauled to that cellar with his own teams
four car loads of stone purchased by him
with his own money, and shipped to him
over the railroad. This charge and its
answer shows how these things grow.
! AS to the charge that Mr.. Staples had
left place unlighted, this neglect had
been shown not to be Mr.. Stsples's.
| The man who should have lighted 1T. did
not call around for directions as ordered.
Mr.. Staples had right to assume that
the matter would be taken care Of in the
ordinary course of business in his office
In conclusion, Judge Symonds said
it was a matter of congratulation that a
city department. could be examined so
carefully and found so clean. I have
always thought of Henry W. Hersey as
one of the most splendid city officers who
ever walked our streets. But I solemnly
believe that if his Office of city treasurer
had been examined with the same
mimuteness and same hostility, it would
not have come out more scathless than
has the street department.
In conclusion Judge Symonds urged
that there was nothing to do but dismiss
the complaint.
CITY SOLICITOR MORRILL,
then arose and in reply said that in such
q case it would not be expected that he
should review the testimony. That had
been given once before all the board, and
twice before portion of them. The al
dermen had heard all the witnesses, and
seen and heard the accused ON the stand.
The testimony was not yoluminous and
the aldermen who were judges knew ii
and understood it, 1t was no part of his
duty to rehearse the testimony which he
had presented as fairly as possible.
He thanked them for their patience,
and submitted the case to them without
further delay.
Alderman Illsley then arose and said
he wished to ask one question. Did the
board of aldermen have any authority in
the matter, and would conclusion by
them amount to anything?
Mr.. Morrill, was proceeding to reply
when Mr.. Illsley interrupted
What I mean, Mr. Solicitor, are we
legally the judges or have we got oul
feet in it," (Appreciative laughter
Mr.. Morrill, said he did not understand
that this Investigation was made under
any law or any ordinance of the city.
The official accused was not removable by
this board, nor by the whole city council.
They had, however, gone on with The
Investigation, and could express an opln-
ion on the result.
| Alderman Pagan moved that the board
retire to the aldermen's room and have
an executive session.
This brought Alderman Rounds to has
| feet: 81 do not approve of this. When
| 1 started did not want the investigation
public; but it has been, and all the peo'
4 n