The daily morning journal and courier., 1901-06-05

moval
 Dated at New Haven, this 4th day of June, 1901.
 When MT Goodhart had concluded his reading the mayor smiled again and said:
 You may file that motion if you so desire"
 MT. Goodhart handed the paper to the mayor and then announced that he had another motion to make. This mo- tion was for a more specific statement of the charges, and for counsel to be present MT. Goodhart read the motion, which was as follows: To the Hon. John P. Studley, Mayor Of
 the City of New Haven: The undersigned having been sum- moned to appear before your honor to answer the charge of performing cer- tain official acts without proper or legal cause and for improper reasons, moves: l 1. That said charge may be amended by stating what acts your applicant has 1 done without rrorer or legal cause.
 ? In what manner your applicant ex- ceeded tEe power vested in hlm py the city charter.
 1 3. What acts your applicant did for
 
 1 improper reasons.
 | 4. With what improper reasons your applicant is charged.
 ,. By stating in what particular your annlicant has been unfaithful in his du- ties as police commissioner.
 All of which your applicant respect l fully requests that he may properly prepare his defense.
 Your applicant further prays that he may be represented before your honor by counsel,
 Dated at New Haven this 4th day of June 1901.
 The mayor smiled again and gave the attorney permission to file the motion
 twill you not grant these motions, i MT. Mayor?" | ''No," replied the judge.
 "Well then. ask permission to direct my clients to withdraw from the near ing
 The smile had left the mayors coun- tenance as he replied: MT. Goodhart' you will leave this office by the private exit to the hallway, and not through the general office"
 MT. Goodhart turned toward the door leading into the general office, opened it and rushed out exclaimins: Conl- missioners, come with me-
 The mayors form appeared Tn the doorway and he called out to Patrol man Doughan, pointing his finger to- ward MT. Goodhart: Officer, remove that man.
 The officer started to carry out the order. btu the lawyer forestalled nm by making a nasty exit, followed by Commissioners Clarke, Avery, Shana- han and Landers,
 Mayor Studley conducted the examin- ation personally. He was the only lawyer present and while he followed court usages closely, he stated tha' there was nothing criminal against the four commissioners but they had eN- ceeded their duties or powers. He was sorry. he said, that the four commls' sioners had gone away but said tha' nothing would be allowed that was un fair to them. as he was in duty bound to get the truth of the matter. He per mitted no memoranda to escape ms scrutiny and even the notes Of the sur, geons were taken by hls honor ant marked Exhibits
 The first witnesses called were DTS Whittemore Thomas H. Russell anc Francis Bacon, who testified to exam ming Captains Brewer and O'Keefe anf Sergeant Bergin They agreed as tt the physical fitness of the men ant made ont certificate to that effect, a : follows:
 This is to certify that having on 2Stl May. 1901, made thorough eXamina tion of James P. Brewer, William O,Keefe and Patrick Bergin we find al
 of them in good physical and menta
 condition.
 In our opinion they are fully capaol
 of performing active police duty. FRANCIS BACON, THOMAS H. RUSSELL, FRANK H. WHITTEMORE. New Haven Conn.,, 18th May, 1901. Judge Studey here explained: , "This hearing is at request ot GU
 izens committee who asked the mayo to investigate the removal or thes 7 three police officials. This IS an uh
 nartisan hearing and if there is any thing to be said in favor of the fou nolice commissioners action in remoV l inc these men, I shall be pleased t hear it that I may learn all the lacts The four police surgeons tolloWe with tes imony, as indicated ny thel certificate of good health printed above , Wilson H. Lee, president of the DO < lice board of commissioners, testlfed
 CT know no reason to disquality Cap , tains Brewer, OKeefe or Sergeant Ser s gin from performing the duties of tn positions they occupy.
 "On May IA I was present at meet l inp of the board of police commission CTS. It was a regular meeting and wa called to order by Mayor Driscoll, Wh : presided during the meeting At Una
 meeting a typewriter resolution wa 5 introduced by Commissioner Avery was generally discussed. l recall Il statement made as to the mental c
 physical condition of these men, nor d e I recall that any reason was give
 vhv inc resolution should be passed
 T knew of this resolution only when l was presented.
 Q "About twenty-four hours before tn
 meeting Commissioner Avery had ] friendly talk with me about the adViS - ahilitv of retiring these men. Dufln 1 the conversation he tried to impress m t that the officers were lax in their du
 ties, He did no impress me with an I11n1 2