The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-11-18
]. ]. HUSSEY ARRAlGNED
The City Council win Investigate Certain
Charges.
AIDING AND ABFTrlNG ASSAULT ALLEGED.
Loais c. Rottcnstcin and Joseph vi.
Comes, tho Complninants--Charg
and Defense Read.

There wss an adjourned but special
meeting OF the Houston city council held
yesterday evening. at which Mayor Sam II
Brashear presided and the following al
dernrsn were present Messrs. Robinson,
Heinze, Rosenthal, Woolford, Cortes,
Blackburn. Aubertin. Heiser and Halver-
ton
Mayor Brashear stated the object OF the
meeting TO be the investigation OF charges
against Chief of Fire Department }. j..
Hussey, made by Louis c. Rottenstein and
Joseph NJ. Gomez. who alleged that Chisf
Hussey aided and abetted Fireman John
Williamson in an assault made by Will
hanson upon complaint Rottenstein some
weeks ago on Sunday near the southwest
corner OF Main and Preston streets, where
the latter was pretty badly beaten and
bruised about the head and face, the re-
mote Gauss for the assault and battery
being collision between Williamson and
Rottensteln and Gomez on the night pre-
viotKs. Tho mayor also stated that the
hearing was in tina nature OF Impeachment
based on a portion OF section 10, page OF
the charter. which was read to the effect
that two-thirde vote of the council may
remove any officer OF the city for any con
duct or offense which in the opinion OF
the council shall render him unfit to hold
his office after sod officer shall have
had an opportunity of being heard by him
self or by counsel, or BY both.
City ATTORNEY Stewart addressed the
council and took the position that If the
charges were true, even then the council
would have no jurisdiction, and referred 10
and read a portion of the decision in the
case OF Marsenc Johnson AGAINST the City
Of Galveston, wherein he had been inn
pearhed for assault and battery n e then
said uudtr the circumstances he would re-
fuse TO go into the investigation OF the
case.
Ohief HusseS addressed the council and
sad i'm substance that while the decision
referred TO was exactly in line with the
circumstances In his case vet he doIired
full and complete investigation and was
willing the couhcil should hear all the
evidence, as he WAS under public inii,uta-
ton OF charges and that the evidence would
place him in correct position In the pub
lie mdpd.
Mayor Brashear colncidtd with City At
togmeY Stewart rs 10 the resultant power
OF the council after hearing tho evidence
ton to take some action in the matter In
order 10 fully satisfy the public as to the
circumstances aud place all parties IN
connection with the case in the proper
light.
City Attorney Stewart withdrew his OIL.
ieciions to the jurisdiction and Chief Hus-
sey being willing he was agreeable to go
ing into the consideration of the case and
read the charges after calling the com
claimants Into the presence of the council
and the defendant.
In response to these charges Chief Ihis-
soy read a rcfutation thereof and In de-
Tense of himself
City Attorney Stewart again persisted In
his opinion that the council had no juris-
dtctton in trial OF such oifenses at this
aunctures; that IL the defendant was guilty
of the charges as alleged the law should
We brought into reuuisiton and hearing had
IN the proper courts.
Mayor Brashear was OF the opinion that
tho council could take cognlzance of any
conduct unbecoming an officer and again
referred to the charter powers OF the coun-
Gil.
Messrs. Rottensteln and Gomez had not
boon appraised OF the intention OF the de-
Tense to court an investigation OF all the
circumstances previous and after the Of
fenseB alleged against Chiff Hussey. and
dseired continuance in order that proper
witnesses to such circumstance might be-
secured
Chief Hussey objected TO continuance
because tho complainants had been given
plenty OF time to secure the attendance
OF their witnesses. No processes had been
ordered. however and IT. WAS apparent an
adjournment would have to ne taken before
all parties could announce ready, Chief
HusSey insisted that his rights and situa
ton should be considered. stating that he
would base his defense on the decision
previously cited by City Attorney Stewart
in the Marsene johnson case and held
that the council had no power 70 impeach |
him except for causes mentioned In article
o. page "a of the ordinances --ineompe- |
tency. habltual neglect OF duty or bribery. |
Alderman Rosenthal moved 70 adjourn !!
the case until after the regular meeting on |
Monday evening, but withdrew 1t by the |
consent of his second
Alderman Halverton wanted an early in
vestigaton that any stain on the admnis-
tration might be removed or the charges |
sustained, whereuron he made motion 10 |
adjourn until ths afternoon at o'clock. |
The motion prevailed and the council was |
declared adjourned.