Omaha daily bee., 1906-03-14
THOMAS CHARGES DISMISSED
BrOatch Holds Police Officers Have
Not Been DereIict of Their
Duty.

"This board finds that the charges have
not been sustained and the cases against
the police officers are therefore dismissed"
The above statement was the result of
the hearing of the charges made by Elmer
e. Thomas, attorney for the Civic Fedora
ton, against Captain Dunn and Sergeant
Hayes before the Board OF Fire and Po-
lice Commissioners at the meeting Monday
night
The above cases and the hearing on
charges OF violating the Sunday closing
law against Mrs. W. L. Burke, whose
saloon is at Tenth and Davenport streets.
were the principal matters of business
to come before the board at last nights
meeting and the action taken in each case
was unfavorable to the prosecution.
The charges against Captain Dunn and
Sergeant Hayes stated in effect the Off
GERS had failed to make arrests I'm cases
where saloons were alleged to have been
open for business on Sunday, March L.
after information had been given. Evil
dence was introduced by Attorney Thomas
ito show the following saloons were open
at a certain time: Adolph Brandes, Twelfth
and Douglas streets; Frank Scrupa, 2m
South Ninth street, and Mrs. Burke, Tenth
and Davenport streets. r. Moulton was
called and swore he purchased drink at
the Scrupa place and a Mr.. Dngellky swore
he was in the Burke saloon from 4:30 to
$50 p. m. with about twenty-five others
and that liquor was sold freely. He also
said he saw officers go TO the doors and
try them, and finding them locked, leave
the place Reports of severe officers and
detectives were submitted and read, in
which they gave accounts Of going to the
saloons in question and finding them
Ill
Sergeant Dempsey and Detective Dunn in
their report stated they visited the Burke
saloon and although they found the doors
locked. thought they heard voices within.
Much time was taken up In objections.
the board being unwilling to listen to testi-
mony which merely went to show the
saloons to be open and not proving the
officers to have been derelict in their
duties.
Attorney ]. w. Parish was present in the
interest OF Mrs. Burke and objected to
much of the testimony offered by Mr..
EngellSy The specific charge against Cap
tain Dunn was that he had practically re-
fused to send out officers to make arrests
when Mr.. Thomas called at the station with
the complainants Captain Dunn showed
he had not refused but said he had no men
| in the station at the time to send out and
that he left word with the police operate
to have the sergeants call him up for Ia
structions when they should report. He said
he advised Mr.. Thomas to take the usual
action of filing complaints with the prose-
cutor.
The charge against Sergeant Hayes was
he had failed to arrest the proprietor OF the
Brandes place after Mr.. Thomas had met
him on the street and asked him to do so.
The sergeant swore he went to the saloon
as requested. but found the doors locked
and no one inside so far as he could see.
II was, therefore. decided by the board that
the charges themselves as pertaining to the
officials had not been sustained and the
cases were ordered dismissed.
The case against Mrs. w. L. Burke on
charges OF violating the Sunday closing
law was then called and began with the
reading of an opinion from City Attorney
Breen, in which he stated the board is not
competent tribunal to try such a case
and inflict punishment or revoke license
on the strength OF the testimony. Citations
were made to support the opinion. The
board. therefore, made the ruling that II
void refuse TO hear the case. Mr. Thomas
took exception and said he wanted the tes-
timony to 20 on record. It was arranged
TO have the board refuse to place the tes-
timony on record. when Mr.. Thomas gave
notice Of appeal TO the district court and
demanded a copy Of the proceedings to be
furnished at his own expense.
/ The only other business OF Importance
/ transacted by the board was the renewal OF
/ the lease Of the fire station premises at
/ Eighteenth and Harvey streets for another
| year at the new rate, $3.50