New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-10-20
RUSH'S ALLEGED PERJURY.
MIR. COSBY SAYS FIREMAN ASSERTED
TO CIVIL SERVICE COMMISSION
HE WAS NOT EX-CONVICT

Arthur F. Cosby. the Assistant Corporation
Counsel who has been prosecuting the trial OF
Chief Croker issued the following statement yes
terday at the city Club. regarding the story that
Assistant Foreman Rush. whose testimony favored
Chief Croker is being prosecuted:
There seems TO be good deal of misapprehen-
sion in the papers as 10 the position OF the FIRE
Commissioner concerning Assistant foreman an Jonn
on Friday had been previous 10 his entry into the
n The ease IS en9irey governed by the
| law the rules OF the department II Is pro
shall be appointed to membership in the Fire De
partment who has ever been convicted CO., OF lei
mandatory Stripped of sentimental considerations
the facts these-that he entered the department
by making oath before the ClVl SefEteS 'o ON
SION that he had never been convicted ana Dy
There is no doubt about the facts in the case.
az Rush had his pardon IN ms FAR as taking
action is concerned. the rules and regulations Of
the Fire Department provide in various sections
that the officers of the department, on becoming
cognzant Of any nfraction OF the same shali pre-
procedure is to prefer charges and suspend the
Tb from Gg Pe RVe6 by to the
chief OF the department to summary SUSPEND S
fragrant violation of law. ordinance. rule, regu-
lation or direction in all cases WIeis such nrtm1t
action not taken, and report forthwith such
AS section 10 Of the rules further requires the
chief of department TO see that all laws oral S
nances rules. regulations orders ana dlreod3ns TOT
the government of his bureau are p5 spt en-;
forced it is the duty of the chief OF me ued H.
as well as of the commissioner 70 Iahe i'iisa
this connection Assistant Corporation CouhSel
sioner Sturgis and Chief Croker of the law in the
case. ami that they are personally ha6ie ior
permitting the employment OF persons U
has been called to the same -. IL.
As for the further merits of the case l have only
the counsel for the prosecution were unearthing
skeleton in the dim and vague past S IN ss To to
fact. Rush was convicted ana senteh h IN ' 10 ~
four years and two months Imprisonment, lie
leased I'm 1888 and within less than four years he
became a member Of the Fire Department The
leading an exempary life for fifteen years is there
fore gross exaggeration 1t IS srlklhg ldCJ tlat
years old on confession. he was given such a heavy
prison. While this was an error of his young
hood, IL not the first time that he had been IN
the courts. His attention had been called TO the
dangers of crime previously. as he had been in
dicted with other persons for crime 3I some "nst
similar character, but on the first Indictment was
II was charged at the hearing that the actions of
Mr.. Whitman and myself were cowardly. AS law
yers il was necessary for US to impeach this mans
which the defence placed great reliance. As citi
zen certainly feel no conjunction IN showing that
ment IS eX-conyct. 1 believe that the law pro-
hi6iting TINS class rom the mn e tSe Fire
Department who object being Differed or serving
ceivabe to Suppose that any high morale could be
maintained II such men We're allowed on the force,
allowed TO remain and receive rapid promotion 70
the exclusion of deserving men with absolutely
clear records
The charge in the morning papers that Commits
sioner Sturgis has "perseated' Lieutenant Rush -
wholly unwarranted and absolutely unfair. Rush's
record not made public because he was a wit
ness for Chief Croker. but because we sought 70
impeach his testimony which we felt was wholly
false. While l sympathiZe with Lieutenant RUSH
nevertheless II must be remembered that he volun-
tariy entered the Fire Department under false
colors knowing he was not eligible under the law
and that when such disability should be discovered
the natural result would follow.
II seems to be wholly forgotten. or Is purposely
ignored. that the commissioner and the chief or the
department also. by their oahs 81 office, have sol
EMMY sworn 20 recognize and punish all evaslons
of law by members OF the department coming
within their knowledge Neither one has any right
or power TO ignore Lieutenant Rush's case