The herald., 1898-08-17


Il can offer no other explanation-but I'll
tell you exactly what said as near as I
can remember.
in for me, anyhow, Smith, to which he
replied, IT catch you neglecting your
duty any more I'll suspend you.' At that
lost my head entirely and said, Damn
you. II you ever suspend me without cause,
By God I'll shoot you As said this he
stepped back a foot or two, and thought
he was going to pull his pistol or assault
me. and pulled my gun. had no idea
of committing murder, nor Of assassinat ing
q fellow officer. nor in fact Of shooting at
all unless in self protection. pulled my
gun because where was raised and came
from when a man steps back and puts his
hand behind him It means business. and I
was not going to be the last man to pull.
The sergeant is mistaken when he says
that at any time pointed the revolver at
him. and did not have 1t in my hand to
exceed a minute before I returned 1t to
my pocket, seeing that there would be no
use for 1t.
after we left the hallway and walked UP
the street we talked the matter over more
coolly, and I told him of numerous in
stances where he had attempted to belittle
me, and where had reason to believe that
his actions toward me were tinged with
malice. In looking the matter over since,
after serving under him for two months, l
am convinced that the cause Of the feeling
was greatly magnified by the talk Of mu-
tual friends or busybodies, who had in
duced me to believe that the sergeant was
my deadliest enemy. Since the affair 1
think we have got along we'll, and If the
commissioners see fit to allow me to con-
tinue I will promise that his orders and
those Of my superiors will be faithfully
obeyed In all particulars"
Would Not Answer
In response to an interrogatory by one
of the commissioners as to what definite re-
marks had been made which caused him
to feel that Smith entertained personal an
imosity toward him, Spencer replied that
he had no particular instance to recite, but
that an ex-chief Of police and also members
of the force had let fall little remarks now
and then which had convinced him that
Smith was antagonistic to him.
Commissioner Gibbon Immediately in
qulred what member of the police force
had told him anything about the sergeant
or the latter's remarks, If any. about Spen-
Ger or any of the men. This question Spen-
Ger absolutely refused to answer, saying
that he did not care to bring any one else
into the controversy. "Then you don't
deny that this species of tale-bearing il
common in the department" said Commits
sioner Preuss." ut is much more common
than 1t ought to be-" replied Spencer.
Gibbon-"Then as an officer you refuse
to tell us the anmes Of these men, or who
they are?'
Spencer-"I do. don't want to be made
a. blackleg nor q scab nor cur, nor one
who carries tales. and. by God. I'll not do
anything Of the kind"
Spencer was closely questioned by the
commissioners, during which 1t was
brought out that he had once before been
reprimanded by Sergeant Smith last De-
cember, when he was called down for "jol-
lying and sparring with some boys in
front of q tamale stand.
Chief Glass arose and expressed the hope
that Spencer would see his way clear to
giving the names Of the officers who had
thus been busying themselves in creating
ill-feeling In the department, saying that
II they could be brought to book and prop
erly punished 1t would be a good thing for
the discipline and morale Of the force.
In closing his testimony Spencer made o
strong plea to the commission for mercy.
stating that he thought the commissioners
and chief had unduly magnified the amount
Of tale-bearing In the department, averrinR
that he had never been in any clique or
crowd and had endeavored to faithfully do
his duty. He acknowledged that he might.
perhaps, be of too social a nature and
liked conversation too well, but he was ex-
tremely sorry and deeply regretted the oc-
currence. "If you can overlook this one
slip am sure that my conduct since the
unfortunate occurrence will show you that
have become wiser man and a better
officer" said he as he left the stand.
Fined and Fired
Special Officer w. A. Moore gave testi-
mony corroborating what had been told
He heard Spencer's threat and heard Smith
reply that all he asked of Spencer was that
he do his whole duty and he would be
treated the same as anybody else. Lee
Hunter. who runs tamale stand on the
corner, heard the controversy and told
of the language used. Neither OF these
witnesses had seen the revolver drawn.
Testimony being closed, Spencer agreeing
that any witnesses he could summon would
throw no additional light on the subject.
the board proceeded to act.
Mr.. Wyman first moved that Sergeant
Smith be fined SIS for dereliction
of duty in not having brought
the matter to the proper authorities-tha
commission ers-and that in addition he be
reprimanded by the chief. This was sec
onded by Mr. Preuss and carried unani-
mously. Smith was apparently prepared
for such a contingency, for he Immediately
opened his purse and paid to Clerk Todd
the amount Of the fine imposed.
Mr.. Gibbon then. in a short speech. re-
viewed the events Of the evening as
brought out and, while expressing regret
that the officer had so far compromised
himself, moved that Spencer be dismissed
from the force. This met with second
from Mr.. Preuss and unanimous vote of
approval, ending the career of Patrolman
Spencer on the Los Angeles police force.