Omaha daily bee., 1898-12-14
M RULE AGAINST COW ARDICE
Captain Cox Points Out Defect in the
Police Regulations.
OBJECTS TO BEING INVESTIGATED
Police Board Overrnlcs His Objec-
tions and the story of the Raid ON
the Geppner Stronghold is
Again Told in Detail.


The Board of Fire and Police Commits
sioners spent all yesterday afternoon and
evening in hearing testimony on the charges
preferred against Captain Cox In connection
with the mastery retreat OF posse OF OF
fcers from two desperadoes at Forty-sixtn
and Cass streets some time ago. The EVIL
dence was practically duplication OF that
which was recorded at the trial OF the other
officers last Tuesday, the only difference
being the delay consequent to the injection
OF two additional attorneys and their numer-
GUS objections and inquiries. The result
was that the hearing was tedious proceed
ing and when the board adjourned last night
the testimony against Cox had not been
completed. This afternoon the remaining
witnesses will be heard and Cox will be
given an opportunity to offer his defense.
A tinge Of novelty was added in the for
NAL objection Of the accused officer, who
naively reminds the board that the rules
and regulations of the police department
contain no inhibition Of "cowardice" and
consequently that cannot be an offense
against the department.
Cox Makes Formal Objection.
Before the hearing commenced Cox filed
through his attorneys objections to the trial
on the following grounds: That he had not
been given preliminary hearing before the
proper committee Of the board; that cow
ardice ia not a violation Of any existent
rules and regulations Of the department;
that the charges are indefinite and not prop
erly drawn up or swornNto and the required
proceedings leading up to a hearing have
not been pursued; that 1T was lot his duty
tho warrant. that IN not his
duty nor that Of the accompanying officers
to disarm or arrest Geppner or Van Haller
and that he had no warrant to make an ar
rest; that the search warrant did not au-
thoriZe him to enter the mousse In which
Geppner and Van Haller were found, but a
house on different street and consequently
that 1t was not his duty to enter the Gepp-
ner house against the objection Of the oc-
cupants, for which reason he yielded pos
session and not because he was fearful Of
consequences to himself or because Of cow
ardioe; finally, that Chief White had no
right to file the charges, because he twas
not at the time Of his appointment nor is
he now an elector Of Omaha and was, there
fore, wholly disqualified to receive his ap-
pointment to enter into or upon the duties
of said off1ce or to discharge any duties con-
nected Herewith.
In en- accompanying affidavit Cox relates
his side Of the stampede. He declares that
while e. his home he was called upon by
Dempsey, Sullivan and Keysor to assist
them In serving the search warrant. The
warrant had been handed to him on the
porch Of the GeppRer house. and he had
not read 1t until he glanced over 1t hur-
riedly at that time. Stress was laid upon
the fact that the right names and address
were not given In the warrant. Cox there
after swsars as follows:
Afiant further states that he did not have
IN his possession any warrant for the ar
rest OF said parties; that he had
charged with any crime. - And af-
Aant further states that said parties were
ct the time he saw them in their own
house. ana when they ordered him out Of
their house, they were then in their own
domicile, and were engaged In defending
the same. as they had right to do; that
after he entered the premises in company
with the said officers he realized that he
was illegally upon the said premises that
said house was not on California street, and
that the the raid parties had a right to de-
Send the same, and he had no right to ar
rest them, or to interfere with them In
said house. and that, for that reason, he
left the said house and the said premises
occupied by them. This affiant further
states that he expressly denies that he left
the said promises en- account Of cowardice
or fear for himself or for his personal
eafety; but because he was Illegally upon
the said premises and because he was un-
able to defend himself or to arrest the said
persons without being guilty himself OF
doing an act in violation Of the laws Of the
state.
Another affidavit by Cox in support of the
objections that charges could not be brought
by Chief White because he was a nonresi-
dent was to the effect that the chief had told
nd tntt toA
was his home
Attorney Elaborates the Theme.
Attorney Holmes spoke upon these various
objections at considerable length, particu-
larry on the point that Cox had no legal
right to enter the Geppner house inasmuch
a. the search warrant was issued against
another house.
"A man has right to defend his house."
declared the attorney. "A mans house is
his castle. In his zeal Cox and his fellow
omcsrs proceeded to serve the search war;
rant even though they were not at the house
mentioned In 1t. A soon as the occupants
came to the door with revolvers it was the
duty Of the officers to get away as speedily
as possible. II Cox had entered the house
without legal warrant and killed one of
the occupants he would now be occupying
q penaP cell, as he should. II one Of the oc-
cupants had killed him he would have been
released under the state law on the grounds
that he was defending his property"
Attorney Holmes therefore asked for the
dismissal Of the charges on the grounds
mentioned. Assistant City Attorney Scott
gave II a. his opinion that the grounds were
lnsuhcisnt and therefore recommended that
the motion be not sustained. The board
took the same position as the assistant city
attorney, overruled the motion and ordered
the trial to proceed Charles Davis Of 351g
Decatur street was the first witness called
Davis detailed the story OF the battle as
1t has already been frequently told He saw
Cox and the officers circling around the