Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-11-10
80.
POLICE HEARING.
Officers White and Chad
wickAppear Before Mayor.
To Answer to the Charge Of
characterization.
Progress Slow, and Hearing Is Con.
tinued One Week.

A hearing was held at the alder
mems room at City hall, last evening,
or to speak more correctly, commence
ed. in the case of Edwin l.. White and
Frank w. Chadwick, late members of
the night police force. who were re-
lieved from duty by an order which
was passed by the board of municipal
officers, at the September meeting of
the city council, and which went into
effect at midnight. Oct. 81.
The hearing was held at the instance
of and before Mayor Hichborn, in con-
sequence of d notice which was served
on Messrs. White and Chadwick
Wednesday, by that official. through
the agency of Deputy Sheriff f1sh Vi
Hallowell, in which the charge or m
subOrdination was preferred against
them, and in which, also, was the an
nouncement that they We're entitled u
be heard, the date of the nearing pe-
ing assigned for 8 o'clock, last even
ing, at the mayors office.
The reason for the charge, as con-
tanned in the notice served py Inc
mayor, was that the two men nio' III
defiance of the order passed at the
September meeting of the council, re-
ported for duty, to City Marshal Breen,
each afternoon since the date on which
the order went into effect, which act,
the notice averred. would not be toll
Grated by the mayor.
The situation thus presented was
something of a novelty in the history
of municipal affairs in the city of Au-
gusta. and as might have been expect
ed. the attendance at the hearing, last
evening" was a goodly one, and would
have been larger had it been generally
known that the hearing was to be of a
public nature. A large percentage OF
those present We're members OF the
legal profession in the city, who had
expected that some new and interest
ing points of law would be brought
out. In consequence of the large at
tendance. the hearing was held in the
alderman's room, instead of the place
first assigned.
Mayor Hichborn presided at the
hearing and MeSSrS. White and Chad
wick were represented by Joseph Will
hanson, of the law firm of Williamson
a. Rurleigh City Solicitor w. H.
Fisher was also present, but dld not
take an active part in the hearing,
more than to enlighten the mayor on
certain points of law.
In opening, Mayor Hichborn stated
that the matter before the hearing
was question affecting the conduct
of Edwin l.. White and Frank W..
Chadwick as policemen since they were
relieved from duty by the passage or
the order of Sept. 49, He further said
that he had been informed that since
the men had been laid off from regu-
lar duty, by the city marshal, on the
last day of October, they had report
I'd daily to that officer, holding that
they were entitled to pay for duty.
H., stated that he had felt that such
action on their part was insubordina-
ton, and. detrimental to the cttys m
terests and that he had also felt that
it was sufficient cause for their re-
moval from the force. He had so
notified them, and had also notified
them of the hearing. last evening.
In responding to the mayor, Mr.. Will
hanson said, in behalf of his clients
that the matter was one Of great i'm
portance to them, as the charge was a
grave one, and affected their status.
not only at present. but in their future
Occupa ton. He then went on to say
that no charges had been preferred
against the men, except those In the
letter, and then, on his asking the
mayor who preferred the charges, that
official said that the city marshal had
informed him.
Mr.. Williamson then went on to say
that the charges must be made in writ
ing, and that it would be very illegal
for the mayor. as Judge. to sit at a
hearing on charges preferred by him
self MIR. Williamson also said that it
would be serious thing to charge a
man with INSTRUMENTATION, without
stating what it was that constituted
that INSTRUMENTATION.
Mayor HiChborn said in effect that
in his official capacity it was incumbent
on him to act as judge. and if the city's
officials did not do their duty, to see
that they did it.
Throughout the hearing. Mr.. Viii.
liamson's main point was to find out
who preferred the charges against the
two men, but it could hardly be sale
that he was successful, as no one
seemed willing to shoulder the respon
sihility. Acting on the statement by
the mayor that Marshal Breen had in.
formed him. Mr.. Williamson asked thai
officer if he had preferred charges
against the men, and Marshal Breer
promptly replied that he had not
Mr.. Williamson said that no one hat
preferred the charges if the mayor hat
not. and If he had, it was highly i'm
proper that ne should act as a Judge
and compared the situation to that O.
grand Juryman who, after having in
dicted a man, should serve as a ira
verse Juryman when the man was O,
trial. Mr.. Williamson further state,
~ mat he should proceed no further Will
the hearing unless some one assume,
- the responsibility for the charges.
Mayor Hichborn introduced Cit,
Marshal Breen as a witness, and drey
fr'm MN the fact that he had notifie,
the men in accordance with the order
mat they We're relieved from duty a
regular officers. but that they still ra
manned police officers; that they ba
reported for duty each day. and tha
he had told them that there was non.
nut IN answer to a question by th
mayor as to whether he had r,,5a e.