The Washington times., 1906-10-22
MATTHEWS CASE
POSTPONED BY
POLICE BOARD
Action Stubbornly Con-
tested by Counsel for
the Engineers.

Hearing in the case OF Capt. William
II. Matthews and Lieut.. ]. z. Mullhan.
Of the Fourth police precinct. both
charged with conduct unbecoming po-
licemen. and violation of several sec
tions and paragraphs of the police
manual, was postponed until Wednes-
day morning at 10 O'Clock, when called
before the Police Trial Board today.
The board met In the gymnasium OF
the First precinct station, on Twelfth
street. opposite the Postofflce. and the
spacious room was filled with witnesses
and spectators. Much dissatisfaction
was expressed by the witnesses. most
of whom are railroad men, who ex-
Iperienced considerable difficulty in get
ting or from work when Chairman
Smith OF the board announced that the
-case would go over until midweek.
Attorney James Easby-Smith, former
lly Assistant District Attorney, was re-
rtained TO represent the accused men.
This morning. ne stated 20 the board
that he had not been able TO subpoena
The necessary witnesses. and in addi-
tion 10 that had engagements IN the
Court Of Appeals and several other
tribunals today. and several other DAYS
this week. Upon this representation
Chairman Smith granted the continu-
ance.
Promptly at 10 o'clock. with Chairman
Thomas Smith. Assistant Corporation
Counsel for the District; Inspector Swim
dells. and Captain Elliott OF the Police
Department, on the bench. Mr. Smith
was asked If he was ready 10 proceed.
Mr.. Smith stated that he was not and
made his explanations to the board. Ii
was stated that the accused men had
made application 10 Corporation Counsel
Thomas for counsel. Until a year or
TWO ago the District furnished an As
sistant Corporation Counsel to defend
members of the Police Department
brought before the board, but this prac-
1iCe no longer obtains. Captain Mat
IheWs and Lieutenant MullhaI were in
ignorance Of this fact. however. until
rapprsed Of it on Saturday. They then
retained Mr.. Smith 10 represent them
A Stubborn Resistance.
Mr.. Smiths motion for a continuance
was stubhornly fought by Attorney
F Charles Eenhein. representing the
brotherhood of Engineers. Mr.. Bend
helm stated that there were present
twenty-seven witnesses, all OF whom
would testify as 10 the conduct Of the
accused policemen on September II,
when Hugh Murphy. a Southern rail-
road engineer. was scalded 10 death un-
der his engine at Sixth street and Mary
land avenue southwest. Counsel for the
complainants informed the board that
some Of the witnesses had worked
thirty-sIx hours on a stretch IN order
TO get of duty and attend the session of
the board, lid added that there was
considerable doubt as 10 the probability
of their being able TO be present any
fIT haT u
The engineers and firemen stated to
the board that they were all worn out
from loss of sleep and desired 10 be
heard today. They explained that at
tendance at the trial meant loss OF pay
TO them and vowed they would not re-
turn.
Must Obey Subpoenas.
Chairman Smith said the trial board
was a duly authorized and empowered
tribunal OF the District, and its sub
poenas had TO be obeyed. Mr. Smith
has Just been retained" said the chair
man. He says he has not had time
10 summon the necessary witnesses. and
besides he has cases in upper courts.
According to the rule OF precedence the
higher court cases are TO be heard first.
This case goes over until Wednesday
morning at 10 o'clock. You men have
been summoned 10 appear. If you are
not here 10 testify when wanted this
court viii take the necessary steps 10
bring you here, but ! hope that won I
be necessary. The board is as anxious
as anyone TO get this case over. and
while il is rather a hardship for the
railroad men to lose their sleep and pay
the hearing must go over until Wednes-
day Tor the reasons stated ~
Have New Witnesses.
Chairman Thomas II. Brickley, OF
Local 81, brotherhood Of Locomotive
Engineers. OF Alexandria. and head OF
the joint committee, OF Washington and
Alexander engineers. appointed 10 in
vestigate the circumstances surrounding
the death OF Murphy. said this morning
that he and the committeeman had
found many new witnesses who did not
testify at the public hearing before the
District commissioners several weeks
ago. In addition TO these witnesses
Chairman Brickley and Chairman II.
l.. Sparks, Division 100. Brotherhood OF
Locomotive Engineers. OF Washington,
Will use a toy engine TO explain to the
board how the accident occurred and the
manner in which the engineer was held
down and scalded to death in the
. presence OF hundreds OF witnesses.
DEATH RECORD.
Virginia Maus. 50 years. Methodist