Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-10-30
DEFENSE OPENS TO-DAY
Trial of Capt. Mathews and
Lieut.. MuIhaII
BEFORE THE TRIAL BOARD
Charges Preferred by Brotherhood of
Locomotive Engineers.
TESTIMONY FOR PROSECUTION
Statement Made by Attorney Easily
Smith, Counsel for the Police
Officers.
TESTIMONY FOR PROSECUTION

The hearing OF testimony before the police
trial board relative to the charges preferred
by the Brotherhood of Locomotive En-
sineers. alleging that Capt. Mathews and
Lieut.. MuhaH of the fourth precinct acted
in manner urbecoming police officers at
the accident at 9th and Maryland avenue
September II. when Engineer Murphy lost
his life. was resumed this morning at the
first precinct station at 10 o'clock The de-
tense was represented by Attorney James
8. Esby Smith while Attorneys Charles
Bendheim and Edmund Burke looked after
the interests Of the prosecution.
The testimony of Fire Marshal Nicholson
OF the fire department. as well as that of
Capt William A. Dixon Of truck D. who.
1t was alleged. was struck by Capt. Math-
ews at the time of the accident, was lis
tened to intently by the members Of the
board.
Attorney Burke questioned the witnesses
introduced for the prosecution.
Fire Marsha1's Statement.
Fire Marshal Nicholson OF the Dis
trict Of Columbia fire department was
the first witness. He said his at
tention was called to the difficulty be-
tween Capt. Mathews and Capt. Dixon of
truck d. Capt Mathews. he said struck
Dixon. who grabbed the police captain by
the arm as he fell The marshal stated he
called to Capt. Mathews and asked: What
are you hitting that man for?"
THE captain turned to me-" said Nichol-
son. with his arm uplifted' and asked
What have you to do tn it?' Marshal
Nicholson asked Dixon if he had told Capt.
Mathews he was a fireman. and the an
swer, according to the witness was that
he had no chance.
Witness subsequently stated that Capt.
Dixon was in full uniform. with the ex-
ception of jacket. and that he carried a
regulation lantern He said Capt Mathews
struck Capt. Dixon with clinched hand In
the face. Marshal Nicholson sa fremen
and railroad men were attempting to raise
the engine cab with crowbars and planks
when he arrived upon the scene.
The police were keeping the crowd back
at that time. witness stated. He also stated
that Capt. Mathews struck Capt. Dixon
after the latter had caught his arm to
save himself from falling.
Bicycle Policeman Raymond g.. Klein
dinst of the first precinct, one of the
reserves at the scene of the accident was
the second witness. He said he saw Capt
Mathews shove Capt. Dixon and as the lat
ter fell backward he grabbed Capt Ma
thews arm According to the Witness Lapt
Mathews then struck the fire captain on the
side of the face
kleindinst further stated when cross
examined by Attorney Easby-Sm tn for the
defense. that he was about five feet from
Capt. Mathews at the time.
Capt. Dixon a Witness.
The next witness was Capt. Dixon. who
stated that he was in the act of going to
the engine when Capt. Mathews showed
him back, and moment later struck
him when he caught the police cap .ain's
sleeve to save himself from falling to
the ground.
1.-The blow was not very hard" udded
lle further said he had on the reglla-
ton. uniform of the fire department, with
the exception Of a jacket, and he was
carrying lantern in his right hand In
falling he lost his cap. and it has never
been recovered. He said: Capt Ma
tnews was excited when he struck me.
l Immediately reported to CHIEF Eelt,
and later in a conference with Capt.
Mathews 1 accepted his apology
According to the testimony, the police
captain stated he did not know Capt
Dixon was member of the fire Cepart-
mGnt.
Attorney Easby-Smith asked Capt
Dixon when Capt. Mathews struck him
and the reply was: Il was struck wnen
the wreck train was taking the cab from
Engineer Murphy"
The prosecution. through Attorney Burke.
announced that 1t closed Its testimony, but
would like to introduce another witness
later.
Attorney Easby-Smth and Capt. Mathews
both objected, and after the prosecution
had refused to name the witness the re-
quest was withdrawn.
Defense Opens.
Attorney Easby-Smith then j ade a pre-
liminary statement He said the defense
would strive to right Capt Mathews in
the public eye.
I'VE intend to prove he said, that
there was one officer present at the time of
the accident and that later Lieut. Mulhall
and four reserves from the fourth precinct
arrived upon the scene
Capt. Mathews. according to the attor-
ney, came to the scene Of the accident
shortly after g. o'clock and later asked
headquarters to send reserves to the scene
to control the crowd.
Continuing. the attorney said: Capt.
Matthews, we will prove. did all that one
could expect. We will prove by experts
from the railroads that the Jacks in the
hands of the railroad men were not equal
to the task OF raising the cab from tn en-
fall of the cab was but adding to the agony
OF the injured man."
Mr.. EasbySmith stated further that the
defense expected to prove that Engineer
Murphy was scalded so badly in two min
sible. According to the attorney, Capt
Mathews knelt by the engineer as soon as
he arrived. and. hearing he wanted q priest
sent the patrol wagon to st. Dominic's
Church at full speed for a priest.
Mr.. Easily Smith also said chat he would
prove by Chief Belt Of the fire department
that the fire chief said to Capt Mathews
that 1t was impossible to get the cab raised
off OF Murphy without the wreck train. In
conclusion he said, I'VE hope to prove that
no men could have used better Judgment
than did Capt. Mathews and Lieut.. Null
hall"
Tho calling nf witnesses for tho 6aforoo
was then begun. Thomas H. Brickley Of
the special committee of Division 317 of the
Brotherhood OF Locomotive Engineers was
introduced and identified the original
charges made against Capt. Mathews and
Lieut. Mulhal.
Capt. William A. Dixon was next called
He denied that any Of his men from truck
d rolled jacks to the scene of the accident
II. c. Sparks of the Locomotive Engineers
Division $780, testified that he was associat-
ed with Mr.. Brickley In the prosecution.
At o'clock the hearing of the witnesses
was postponed until 80 o'clock, when the
examination was resumed.
Fireman Sullivan's Testimony.
At the meeting of the trial board yester-
day afternoon Denny Sullivan. q fireman
Of the Southern railway. during the course
Of hts testimony said that with six others
he Was working n raise the cah From,