Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-11-03
CLOSED FOR DEFENSE
Witness in Behalf Capt. Ma
theWs and Lieut.. Mulhall.
SUBSTANCE OF TESTIMONY
Witnesses Placed on Stand to Testify
in Rebuttal.
ARGUMENT OF COUNSEL FOLLOW
Investigation of the Case Nearing the
End-Attorneys Making Earnest
Contest.
SUBSTANCE OF TESTIMONY
OF COUNSEL FOLLOW

legged misconduct of Capt. Mathews and
Lieut. Mulhall at the scene of the railroad
accident at 9th street and Maryland avenue
southwest, where Engineer Murphy was Ia
tally injured September IL, closed atnoon to-
day before the police trial board. sitting at
the first precinct station, after several wit
nesses had been examined. AS the last
witness left the stand Attorney Easily
Smith announced that the defense closed,
and those In attendance knew that the at
torney for the defendants believed that the
testimony was so favorable to the police
officers that there was no need Of placing
them upon the stand.
Attorneys Burke and Bendheim of the
prosecution then asked that the hearing be
adjourned until 1 o'clock so as to give them
time to deliberate as to whether or not they
would introduce any witnesses in rebuttal.
and IL same were desired so that they could
be summoned.
Substance of Testimony.
P. B. McConchie. foreman of laborers
in the office of the auditor for the Post
Office Department. stated he had been in
the employ of several railroads during
period covering twenty years before taking
a government position. He said he cut
away the woodwork of the engine cab.
which was holding Engineer Murphy to
the ground. His object. he said, was to get
at the sheet-iron work of the cab directly
on Murphy so that it could be sprung. No
one at work was interfered with by the
police, according to witness. and he also
stated that he did not hear Capt. Mathews
or Lieut. Mulhall use any profane language
in ordering the police about.
During the cross-examination by Attorney
Burke, for the prosecution, the shoes worn
at the time of the accident by Engineer
f,,tr Nd NIT
showed the position In which the right shoe
was caught.
Thomas Handy, wagon guard of the
patrol wagon of the sixth precinct. told of
the call Of Capt. Mathews for the precinct
reserves at 9th street and Maryland avenue
at the time of the accident.
Witness said he remained with the patrol
wagon after reaching the accident, and
was excused without cross-examtnation by
the attorney for the prosecution.
G.. l.. Hefiing, an insurance collector
stated he was on the scene shortly after
the accident and that he heard Capt.
Mathews give an order to allow railroad
men working to release Murphy to pass the
police lines. He also heard no profanity On
the part of police officers.
Upon being questioned by Attorney
Burke witness said that as soon as he read
the first report that charges were to be
brought against Capt. Mathews and Lieut..
Mulhan he went to the fourth precinct sta
ton and gave statement to Capt.
Inspector Swindells asked witness In what
paper he read the report, and the answer
was: THE Evening Star"
1t was at this juncture that Attorney
Easby-Smith announced that the defense
closed it's case. The hearing, as stated. was
then postponed until 1 o'clock. when 1t was
resumed.
May Challenge Inspector Cross.
At the beginning Of the session of the
police trial board yesterday afternoon.
James S. Easby-Smith, attorney for the
defendants, said he would probably chal-
Ienge the right of Inspector Cross to sit
as a member of the board II he deemed
it necessary after reading the report which
the inspector made to police headquarters,
but nothing was done during the remainder
of the session relative to the matter. The
report was brought from headquarters and
after being looked over by Inspector Swim
dells was handed to Attorneys Burke and
Bendheim for the prosecution for eXam1na-
tion.
It is understood that Mr.. Easby-Smfth
will not object to Inspector Cross sitting
in judgment in the case if the report does
not include recommendation relative to
the final disposal of the case by the major
and superintendent of police.
The first witness heard was William Wal
lace Gordon, passenger yardmaster OF the
Pennsylvania railway station. According
to his testimony he took charge of the
situation as soon he arrived at the
scene OF the accident, about s o'clock. The
witness was positive there was not suf
ficient space under the engine to place a
jack unless the cobblestOnes were first re-
moved He, with several railroad men, he
said. prepared space for the use Of hy
dr;aulc jacks TO the rear of the engine.
but before one was put in working order
the wreck train was on the scene. We
had seen no interference upon the part
OF any of the police in attendance.
Statement by DR.. Jones.
Dr. Glenn l. Jones of the staff of physi-