Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-09-26
LIVELY LEGAL BATTLE
THE PROBABLE OUTCOME OF RE.
CENT POLICE TRIAL.
Brief in the Case Of Jeseph L. elliott
Status of Crossing Police
man Defined.

set aside specific verdict OF the ponce
trial board. before the cases of the four
special police officers. connected with the
so called Influence episode in the street
railway crossing force. are disposed or
Mr.. Wilton ]. Lambert. attorney for Pri-
vate Joseph L. elliott, who was yesterday
recommended for dismissal. as stated in
The Star, called upon Commissioner West
this morning and asked that no action be
taken by the Commissioners until he could
prepare and file brief The request was
granted Attorneys for Special officers J.
M Mahaney c. w. Gwynne and F. A.
Dyson Of the street crossing force. also
recommended for dismissal. made similar
requests of the Commissioners, and were
likewise granted the privilege.
The case of elliott differs from those OF
Mahaney, Gwynne and Dyson. Gillott Is
a member of the regular metropolitan police
force, having been promoted from the street
crossing service. The other three named
are employed in the street-crOSsing service,
and their salaries are paid by the street
railroad companies at the intersection OF
whose tracks the policemen are stationed.
The Street-croSSing officers are commission.
ed as special policemen under an act OF
Congress. They are not part or the reg
ular department. but are supervised ana
disciplined by the major and superintendent
of the regular force.
Major Sylvester in his Recommendation
ton plain for he does not feel the regular
force should suffer from the gossip that
found its origin in the street crossing corps.
The major has also recommended Fohce-
man Gwynne to the mercy of the Commls-
sioners The officer will probably be fined
and warned.
The Distinction Outlined.
Another distinction between the elliott
case and that Of the other officers involved
notC W.
not guilty Of the specific charges. while
Mahaney and Dyson were found guilty.
Gwynne was found not guilty. but the YER
dict was not concurred in by Major Syl-
yester. In the elliott case the finding OF
the trial board was:
LAS to specification, not guilty.
"As to the charge, we say: While we find
the accused not guilty Of the specific charge
nreferred against him we are altogether
satisfied. from the testimony, that he Is
not qualified for service on the police force.
He is shown by the testimony to be a
reckless extravagant and indiscreet taIker'
discriminatory boosted Of his supposed
power and influence, political and other-
wise to an extent greatly calculated 10
bring the police department into discs
TEEN"
CiIIott was charged with conduct unbe-
coming an officer, the specification being
that he alleged to have certain PERSONA
and political influence which enabled MIN
to secure POSITIONS Tor various peopie VA
the police force.
Maj. Sylvester's Comment.
In the course of his comment on the Gill
lott case Major Sylvester said:
when the defendant INDUCED in business
and advice other than that pertaining to
his legitimate duties. and in the soliciting
of Interviews with applicants while cross
ing policeman and while a regular. which
is revealed in this case, he proved himself
a factor against good discipline. II war
ranted under the law, in view OF the in
structions given Private elliott at the time
of his appointment to the regular force, and
of the turmoil created through his ofhciops-
ness. 1 recommend that Private elliott be
removed from the force"
With regard to the cases of -Mahaney,
Dyson and Gwynne, Maj. Sylvester says
they are members Of the special street
crossing force. having been appointed at
time when the rules did not require the
physical and mental tests as to qualifica-
lions which now prevail. He refers to the
law creating this class of policemen as
separate and distinct organization. and to
rulings of the auditor and corporation coun-
sci of the District holding that the special
policemen were not entitled to any of the
privileges of leave pension allowed the
regular policemen 1t was held that they
were virtually employees or the street rteeI-
road companies by which their salaries
We're paid, and in the matter Of leave etc.
were restricted to the rules of those COM
panies.
Regarded as Important.
II deem it of the utmost Importance"
says Major Sylvester. that declaration
as to the status of this assisting force be
made in connection with the investigation
of these cases. in order that the embarrass-
ments which must arise from an organiza-
ton born and raised outside of merit quail
fications may be in manner demonstrated
Not that such force does not in the main
contain good men, but it leaves room for
boasting, If not a feeling of security.
through claimed and asserted influence on
the part of a fraction who lack those quail
fications which make them capable, indus
trious and faithful officers.
1T is a consolation and pleasure to know
that the closest examination developed that
the several indscretions and circulation of
scandal gossip were confined to those who
were selections for the auxiliary or street.
crossing force.