The San Francisco call., 1898-07-07
ACCUSED OF
 COW ARDICE Burke'S Brother Prefers
 Grave Charges. F0RSAKEN BY HIS MEN THE OFFICERS BROUGHT BEFORE THE COMMISSIONERS.
FORSAKEN BY HIS MEN

| Patrick Burke, brother of Lieutenant | Burke. who was shot and killed by Theo- i dore Park Haynes, the eccentric tinker, who has since been sentenced to life i'm | prisonment, is determined to break the officers who accompanied the unfortunate police official on his mission to death Last night he had them cited to appear before the Police Commissioners to show cause why they should not be dismissed from the force for cowardice.
 In the complaint Burke stated that Marlowe, Wilkinson, Kennedy and Mer- chant who were with the brave lieuten- ant at the time he was killed allowed his brother to be shot down without mak- ing the faintest attempt to protect him. For the betterment of the police depart ment he asked that the men be branded as towards and summarily dismissed from the force.
 The accused officers, accompanied by their attorneys, appeared before the Com missioners last night determined if pos siole to save their stars. After the com plaint was read Assistant District Attor- ney Dunn, who represented one of them. asked for continuance for two weeks on the ground that he was not ready to pro- ceed.
 The charges against these men," he said, were preferred on June 29 but for some reason l was not notified of the ac-
 
 til yesterday morning. On account of the VoluminouS testimony which was taken in the case l respectfully ask for a two weeks continuance
 Eugene Deuprey, who represents the prosecution, announced that while he was ready to proceed he had no objection to continuance, as he desired to give the accused men fair and impartial trial
 All we want is thorough investiga- tion," he remarked, land if the defend ants are as the complaint alleges, we ask that they be dismissed from the force"
 Commissioner Alvord announced that as rule he was opposed to long continu- ances, but as the testimony in the Su- perlor Court would have to be considered l. ne had no objection to continuing the case for two weeks. He, however, re-
 marked that at that time the trial would nave h.a to proceed, and he for one would sit until 1t was finished. even if it re- quired his constant attention for five days or more.
 Il am determined to sift this matter to the bottom" he declared Both sides want a thorough investigation, and I in- tend 10 see that they get It."
 Senator Wolf who is also arrayed on the side or the accused policemen, an tinuance. While doubting the power of the Commissioners to compel the wit nesses Tn the case to appear before them, he asked that they be duly summoned to testify at the proper time. Chief of Police Lees, who seems deter mined to. shield the erring officers. re- marked that he had subpenaed every wit ness who knew anything about the case
 Attorney Dunn, apparently ignoring the remark of the head of the Police Da- partment, said that he had a number of witnesses who did not testify at the pre- liminary examination in the Police Court or at the trial in the Superior Court. They had been duly summoned, he said. and would give evidence in favor of the ac- cused policemen.
 On motion of Commissioner Alvord the hearing of the case was continued for two weeks.
 After the continuance was granted the brother of the dead lieutenant announced that he intended to do all in his mower fo ''break' the offending officers. .'Thev showed themselves to be towards" he re- marked, 'when they allowed my unfor- tunate brother to be shot down in cold blood. They could have saved his life if they were men, but they proved them selves towards and ought to be relegated to obscurity. l have personally em- ployed MT. Deuprey to prosecute them and hope that he will succeed in having them removed from the force.''