Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-06
CASE OF MATHEWS MutHALL
PAPERS WILL 90 TO CoHMIS.
sIoNERs TOMORROW.
Findings Of the Police Trial Board.
Brotherhood Of Locomotive En-
gineers Not Satisfied.

Major sylvester stated tnlS AFTERNOON tnAt
he will send the papers In the case OF
Capts. w. H. Mathews and and ]. E. Null
hall. charged with misconduct in connec-
ton with the fatal accident the 18th Of last
September at Maryland avenue and 9th
street southwest when Engineer Hugh Muir
ply was killed by an overturned engine, to
the Commissioners tomorrow morning.
Until the papers are sent to the Commits
sioners the superintendent Of police will
not discuss the matter. 1t is more than
likely that majority and minority report
of the findings of the board will be trans
mitted, James F. Smith, assistant corpora
ton counsel and chairman Of the police
trial board, dissenting from the opinion Of
the two police members Of the board, In
spectors John A. Swindells and F. e. Cross.
The majority report. as submitted by the
chairman Of the board, exonerates Capt:
Mulhall and finds Capt Mathews guilty of
two specifications. Capt. Mathews is adj
judged guilty Of the specification that he
struck Capt. W. A. Dixon of the fire depart
ment. and Of the following specifications.
which charges that such action was conduct
unbecoming a member OF the police force.
The penalty recommended by the trial board
is that Capt. Mathews be cautioned against
the use of unnecessary violence in the per-
formance of his duty.
Entry on Record.
Then is the entry on the record: The
chairman dlssents.' There is nothing con-
tanned in notice sent to the interested
persons to give them any idea of why. or
upon which part of the case the chairman
dissents
Attorney Charles A. Bendheim. represent
ing the Brotherhood of Locomotive En-
gineers. received a notice from the chair
man of the trial board yesterday afternoon
informing him of the result of the pro-
tracted hearing. Mr.. Bendheim is not sat
!sfled with the findings of the board. and
the penalty imposed upon Capt. Mathews.
but he was unable to say this afternoon
just what course he will pursue. He stated,
however. that the report of the findings OF
the trial board will not end the case
Under the law, it is stated. the persons
Interested in such trials have to be advised
of the findings and given five days in which
to appeal to the Commissioners. 1t is
stated, however. that the appeal provided
Is to be taken by the accused and not by
the prosecution, the Commissioners having
power only to reduce the penalty and not
to increase 1t. Mr.. Bendheim said he had
not looked into the law fully, and that he
would have to consult his clients before he
could announce just what course is to be
pursued.
The accident occurred late the afternoon
Of September H. and Thomas II. Brickley,
representing the Brotherhood of Locomo-
two defendants. Mulhall was a lieutenant
at that time, having been promoted since.
Objection to Promotion
Objection to the promotion was made by
members of the brotherhood but the Com
missioners followed the recommendation Of
Maj. Sylvester. and Capt Mulhall was put
In charge OF the fourth precinct.
Capt. Mathews was convicted Of violating
paragraph of rule 40 of the police ma nual,
which says that members of the police de-
partment shall not maltreat or use unnec-
essary violence toward a prisoner or other
person. 1t is likely that after the papers
have reached the Commissioners some for
NAL protest will be entered against the
findings Of the board. 1t is stated that
some members of the Brotherhood of Loco
motive Engineers favor taking the case
to the President 1t is said that the find
ings meet with the general approval of
members of the police department.
Views Of Chairman Of Board.
Assistant Corporation Counsel J. F. Smith.
who was the president of the police trial
board during the trial of Capt Mathews and
Lieut.. Mulhall, in his dissenting opinion,
takes the view that these officers should not
be exonerated To exonerate them he
states. would be to sanction their conduct
at the time of the wreck.
Mr.. Smith takes the view that the rail-
road men should not have been excluded
from the wreck. where they might have
been of some assistance in releasing the
dying engineer from under the engine. The
District firemen confessed that they were
helpless in the matter and could do moth
ing for the engineer. and the police said
they had no equipment to use in releasing
the engineer.
Mr.. Smith says the testimony showed
that there were twenty or more experienced
railroad men at the scene of the wreck who
made themselves known to the police and
asked to be allowed to give assistance in
releasing the injured engineer. and he
thinks the refusal of the police. under the
orders of Capt Mathews and Lieut. Null
hall, to allow them to assist should not
be upheld