The daily morning journal and courier., 1907-04-03
PHYSICIANS WILL DECIDE
IMPARTIAL BOARD TO EXAMINE
 FIREMAN I'M. L. PHELPS.

Board to Consist of Five Members Two Chosen by Fire Commissioners, Two by Fireman Phelps and the Fifth by These Four-Both Sides Present Physicians' Certificates at TriaI-COmmisSion Confirm Grade Increases.
 After a lengthy consideration of the evidence given at the trial of Ladder man William s. Phlleps last night the board of fire commissioners voted to defer any action until they receive the report of a special commission of phy- sicians to be chosen for the purpose of determining MT. Phelps fitness or un- fitness for further fire duty This com mission will be made up of two doc tors appointed by the board, two chos- en by MT. Phelps at his own expense and a fifth to be chosen by the first four at the expense of the fire depart ment. Tho disposition of the case will depend on their report.
 Two charges were preferred against Mir. Phelps at the trial last night He was charged with failure to respond in time to catch the apparatus at an eayly morning fire cab on March S7 and with failure to pay e debt as ordered by the commissioners at previous meeting. Mir. Phelps pleaded not guilty to both charges.
 Captain Redmond and two hremen from the Howard avenue house testi- fled that they had seen MT. Phelps on the floor of the engine house on the morning of the fire and that they thought that he had time to catch the apparatus Mir. Phelps testified on his own behalf that he had done the best he could to catch the apparatus but that his side gave way and that he was helpless to do more than he did do,
 MT. Phelps is very large man and had been off duty for some weeks pre- vious to the fire in question because of paralysis of the right side. He report ed back for duty on Monday and the alarm on the 27th was tn et1rst that had come in since his return. He has been a fireman for twenty-seven years and according to a statement made by Cap tain Redmond last night has always obeyed the rules
 An attempt was made by Registrar of Vital Statistics James J. Carr to ge. in some statements in favor Of Mir Phelps at the trial but as he had no direct evidence bearing on the case he was not given a hearing. Charles H Phillips, as a representative of the Heptasophs, of which Mr. Phelps is a member, asked permission to state some extenuating circumstances but he was ruled out of order By the presi- dent of the board.
 There were laid before the commis- sioners communications from Drs. Nor ion R. Hotchkiss and James H. F'lynr kating tha tthey did not consider MT Phelps permanently incapacltated fol fire duty. Dr. Hotchkiss stated that MT Phelps owed his great weight tt lack of sufficient exercise and hi' mode of living.
 The defense showed letters from Drs Frank H. Whittemore and Edwin P Putnam, in which these physicians say that they consider Arr. Phelps unf for fire duty
 When the commissioners had disposed of this case the following grade in creases were approved from April Hosemen J. H. Cronogue, M. H. Rourke promoted to first grade. at $2.47 per day
 From Apr1l 4-Captain M Fleming to Sd grade at $S.o2 per day; Lleuten ants D. J. Morton and T. J. Tyndall to list grade at $9.74; Engineer J. Gettings to 2d grade at $3.02 per day.
 From April 1S-Captain J. E. James to list grade at sS2s; Hoseman M Bohan, E. D. Connolly, J. T. Cullen, T Galllgan, R, M Jones. J. Kavanaugh F. F. Riley, jr., o. J. F, weldon, to Is grade at S247.
 The appointments of Daniel Halle, and John J. Devlin as permanent fire men were confirmed. Leon D. Whar ton was Cppointetd a substitute. Ridg way M. Fenton was appointed per manent member of the department.
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 Bingham Police Bill Passes.
 T1hanv. lAnril 2-The Bingham nnlic