Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-08-01
BOARDS FINDINGS APPROVED.
Policeman G.. v. Johnson Refused
Another Hearing on Charoas

The Commissioners have approved the
finding of the police trial board, refusing
to grant rehearing to Policeman George
V. Johnson of the seventh precinct station
who was fined S25 recently by the board
upon charge that Johnson alleged that
the members of the board of police and
fire surgeons had made a false and preju-
diced statement regarding his application
for pension.
In his application for the rehearing, which
was prepared by Attorney Crandal Mackey.
Private Johnson stated that at the trial Of
the case he was without counsel for the
reason that he had engaged the services of
Mr.. Mackey. and the latter was, on the. date
set, attending session Of the circuit court
of Alexandra county, Va, and that his
other attorney, Edward l.. Gies was in at
tendance upon the Supreme Court of the
District of Columbia. johnson stated that
he was compelled to conduct his own de-
Tense without any previous experience In
the premises. 1t appears by the record that
he placed no witnesses upon the stand in
his own behalf. and did not himself testify,
although he said he could have offered
abundant testimony of expert physicians
showing that he had the disabilities he
claimed and showing. II not justification, at
least circumstances tending to extenuation
in relation to the offense charged.
In conclusion he filed copies Of the afff-
davits bf Dr. Clifton Mayfieid DR.. Grafton
p. Bailey, DIR. Montgomery Hunter and DR..
A. Barnes Hooe, which. the petitioner
stated, show that he Is suffering from the
disc abilities claimed in his application for
retirement. and showing further that the
examination of the board of police and fire
surgeons was cursory and superficial. and
did the defendant wrong and injustice, and
guage used by the defendant was either
justified or provoked by the charge of the
board of police and fire surgeons that the
defendant was In substance "a maiingerer
and a fraud
In a report to Maj. Sylvester in regard to
the finding of the trial board for a rehear-
ing by Assistant Counsel James F, Smith,
Inspector John A. Swindells and Capt. H.
B. Elliott. coneurring. the statement Is
made that the rehearfng is refused for the
reasons that the officer was duly served
with copy OF the charges against him and
with notice that the trial would be heard at
a time and place therein stated. 1t Is all
legged that Policeman Johnson asked for
continuance of one week. and gave as his
reason that his counsel would not be able
to be present at the time specified In the no.
tice, The continuance was granted accord
ing to the text OF the communication and
the case set for Saturday. April 81. a day
of the week on which attorneys. on account
of their freedom of court engagements,
could more conveniently attend.
The allegation is made that the policeman
appeared on the day set and again asked
for a continuance on account OF the abb
sence of counsel. This was refused, as IL is
stated that the board was of the opinion
that to grant a further continuance on ac-
count of the convenience of counsel would
be inadvisable, as such action would be
tantamount TO a ruling that indefinite con-
tinuances might be had by any officer under
charges Ilpon his mere statement that IL
was Inconvenient for his counsel to be pres
ent.
The board also states in its report that
the afffdavits which Johnson filed in sup
port of his motion for rehearing are In
no sense newly discovered evidence and
that taking the affidayits filed at their face
value, they contain nothing which would
warrant the board In changing the eonciu-
sion reached at the hearing OF the case.
Attorney Smiths report states further that
In his opinion the board had dealt leniently
with the defendant