The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1904-10-07

I after the emergency order he told
a man that he had made Boyd issue
that order, and that he would throw
Wcydt out, and that after that he
would have Briley and me thrown
cut"
! Mayor: "You didn't beliebe that,
did you, Martini"
Burns: "Well, don't know
whether I believed it. l saw him
in consultation with you, so didn't
know what to believe"
Mayor Associates With Plmps
The mayor explained that when
he said Smith and other pimps WIS.,
tied him, it was those men who
were witnesses against Burns, and
that he called them in to ask where
they had paid Burns money. They
said they had paid him no money.
Another long argument between
Burns and the mayor followed, in
which the two aired their views, to
the exclusion Of the trial board.
The name Of one Ferguson con-
nected with the gas company was
mentioned by Burns as man who
had seen Tom Smith at the mayors
camp.
MR.. ONO: WoU KNOW,
BURNS, THAT A. W. DoLAN IS
NOTHING BUT A MISCHIEF
MAKER, DON'T YOUR"
! Burns: II know he is a represen-
tative business man of the CITY,"
| Mayor: II want these men to
come in here and say they saw Tom
Smith at my camp. My wife was
at that camp, Mr.. Burns, and am
a little. particular whom I associate
with, especially when my wife is
present. I never saw Smith for
seven month. That statement Is
absolutely false, and want Cole
and the others to come. in here.
There are some people crazy
enough to believe such lie, and
want to disprove it. Tom Smith is
a bad man, as everybody knows,
and some of you think that people
will believe such things and injure
me politically.
ONO: "The question is, whether
Burns made those statements. He
admits that he did make them on
the stand, and I don't think there
is thing more necessary. sug-
gest the board adjourn this and
consider the question of whether
we shall retain anything. I am in
nocent until proved guilty. It is
for you to prove me guilty, not me
to prove my innocence"
Mayor. "You said you were afraid
to arrest Tom Smith, didn't YOU"
Burns: "Yes, did"
Mayor: you aid arrest him."
Burns: Yes, I heard the Occur
d d'Alene people were going to get my
job at any cost and I thought !
would get in ahead. heard this
from other officers. I'm not giving
any names because I don't want to
get the officers In trouble"
ONO: "I should think officers
would do their duty. Why didn't you
do your duty and arrest them These
officers should do their duty and come
here and talk"
Burns: "Why don't you do your
duty. Go over there and arrest those
people"
ONO: ITS not my duty"
Burns: You took an oath to do
your duty. You are an officer. too.
why don't you go over there and ar
rest them?"
Mayor: isn't it a fact that you
tried to get ahead Of some other peo-
pie by trying to arrest Smith and
getting even?"
Burns: II want to arrest people
who have violated the law"
Mayor: you know there are other
laws violated and no arrests made,
don't your"
Burns: mo"
Mayor: How about the Sunday
law?'
Burns: I'm not sufficiently IA
miliar with that law"
Mayor Afraid to Enforce Law.
Mayor: Don you know that it Is
not public policy to enforce the Sun
day law, but that if an officer should
arrest a saloon man for keeping open
Sunday he could not be brought be-
fore this board? Public sentiment
would not stand 1t. 1t is a matter
OF public policy with me. 1 am re-
sponsible for the policy of this ad-
ministration. AS a general rule a
police officer obeys orders. An officer
is not expected to go out and insist
upon doing something contrary to
public policy and against what the
business men OF the city demand"
Burns: How DO know the busi-
ness men of the city do not demand
II? know dozens Of business men
who tell me to go ahead and arrest
the violators,"
Mr.. ONO again interposed to say
Burns admitted the charges, but the
two chief actors paid no attention
and continued with their recrimina-
tions.
When II came to proving state
ments by Sergeant Sullivan, Burns
got the big officer worried. He was
called at Burns suggestion to tell
why he did not arrest Tom Smith at
any time during the five years Smith
has been here.
Mayor: why didn't you arrest
Tom Smith, John?"
sullivan: We'll, ! don't know
that I should answer that. I'm not
on trial here and l don't want to say
anything to get into trouble"
Burns: That's just II. He's afraid
to say anything. He's afraid q get
ting into trouble"
Mayor: did anybody In authority
ever tell you that Tom Smith should
be protected and not arrested?"
Sullivan: No"
Weymouth: Did you ever receive
instructions not to arrest the habitues
ut the Occur dAlene or that they
should be protected?"
| sullivan: We'll. before i answer
that I would like to make an expia-
! nation"-here the sergeant went on
into IA rambling account of how ba