Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-11-01
POLICEMEN TESTIFY
CASE OF CAPT. MATHEWS AND
LIEUT.. MULHALL.
Testimony Regarding What Occurred
When Locomotive Upset Septem-
Der 11-Hearing Near End.

The investigation in connection with the
alleged misconduct of Capt. Mathews and
Lieut. Muhall of the fourth police precinct
at the scene of the railroad accident, 9th
! street and Maryland avenue southwest,
September II last when Engineer Murphy
was scalded SO badly that he died later,
was resumed this morning by the trial
board consisting of Assistant Corporation
Counsel Smith and Inspectors Swindells
and Cross.
The session of the board was held at
the first precinct station. the entire time
being consumed by the testimony of po-
lice privates who were at the scene of the
accident. Their testimony was to the eff
feet that the conduct of their superior Of
f1cers was blameless.
Dunnigan Testifies.
The first witness today was Sergt. David
Dunnigan of the fourth precinct. He stated
that he famed Engineer Murphy and later
gave him drink of water. Later, accord
ing to witness, Murphy exclaimed Priest!
Priest!''
Sergt. Dunnigan then went in the patrol
wagon to st. Dominic's Church. When the
priest arrived he gave the engineer the last
sacrament of the Roman Catholic Church,
according to the testimony. -
Sergt. Dunnigan said no objection was
made to the conduct of the police until
newspapers published reports concerning
same. He was positive Capt. Mathews and
Lieut. Mulhall did their full duty at the
scene Of the accident. He also stated that
each person in the large crowd, upon ms
arrival, seemed intent upon aiding In the
work of rescuing Engineer Murphy.
Witness, with others, attempted to raise
the engine cab, but failed utterly.
Upon the arrival of the wrecking train
Sergt Dunnigan said the cab was appar-
emily torn from the engine when being
raised from the PROSTATE form of the en-
gineer.
1t was added that Capt. Mathews and
Lieut.. Mulhall did not lose their temper at
any time, so far as he was able to observe.
He admitted the officers in question were
busy keeping the policemen at work holding
the crowd back, and that they were to some
extent excited.
Witness said a Mr. Fosberg offered to
loan two jacks to aid in getting Murphy
from under the cab. Dunnigan SO informed
Capt Mathews. and was ordered to go IN
the patrol wagon after the jacks without
delay.
Later it was found according to the wit
ness. that the jacks were not OF sumclent
power, and they were not procured
William f. Barrett, bicycle policeman OF
the fourth precinct, stated that at least
twenty men at one time placed timber
under the engine, but same broke, and the
efforts to release Murphy were dlscontin-
ued until the arrival of the wrecklng train
Murphy, according to the witness, plead
ed with those standing about to raise the
engine from him.
Philip ]. Hayden, private OF the 1ourtn
precinct, said he was a member OF the
squad that Capt Mathews took to the
scene of the accident shortly before 8
o'clock He stated that Lieut.. Mulhall
and a squad of policemen had answered
the fire alarm about twenty minutes before.
Witness did not notice either Capt.
Mathews or Lieut.. Mulhall order any
workmen who were aiding in rescuing Muir
ply put back of the police lines.
Hayden stated that he later showed Capt
Mathews the fireman who was in the cab
with Murphy at the time of the accident,
and said his superior officer told the man
he was lucky to get out safe.
Helped Put Crowd Back.
Joseph NJ Smith, another private of No.
precinct stated he was ordered to help put
the crowd back of ropes by Capt. Mathews.
He did as directed, and stood guard at a
point on Maryland avenue He heard no
other orders during the evening either from
Cant Mathews or Lieut.. Mulhall.
Privates William H. Lester, Benjamin F.
Williams August w. Gall, Frank S. w.
Burke and Henry A. Cole testified SUBJ
stantially as did those who preceded them.
At the close of the testimony of Police
man Cole, Assistant Corporation Counsel
Smith asked Attorney James S. Easily
Smith when he would close for the defense.
Mr.. Easby-Smith stated that it was his de-
sire to call each policeman who was at the
scene of the accident, as the prosecution
might make a point of the fact that he had
not asked each policeman if his superior
officer had ordered him to keep workmen
back from the engine or had used profane
language.
Attorney Burke then stated that the
prosecution would not make that point in
the argument and after a few moments 1t
1a1 hat he
the hearing tomorrow afternoon and again
on Saturday, when both sides will probably
close
The board at o'clock took recess until
2 o'clock.
Train Conductor Called.
Conductor o. w. Loving, who was in
charge of the train being hauled by the
| overturned engine, was the first witness at
the afternoon session. He said "As soon
as I went to the engine some one snatched
my lantern from me- 1 caught him and
took it back, but as soon as started back
to the engine some one put the light out
and l stood back"
Attorney Easby-Smith asked Conductor
Loving if he was ordered back by any
police officer.
Witness stated Lieut.. Mulhall ordered him
back, but when he told the lieutenant who
he was he was allowed to stay, although
he said Lieut.. Mulhall told him he could do
nothing.
He saw no workmen thrown back by the
police.
The witness added that If the police had
not arrived upon the scene at the time
they did and forced the crowd back that
he thought the work of rescue could not
have gone on or the wrecking train brought
to the scene.
The witness was being cross-examined by
Attorney Bendheim for the prosecution
when The Stars report closed.
HAD BEEN PROMISED WORK.