Waterbury evening Democrat., 1907-04-04
DOWLING'S CASE
City Attorney Kellogg Will Take
 Andrews Place in Trial.

l If the trial of Supernumerary Pc
 liceman Luke Bowling does not 6,
 down in history as the greatest tria
 that ever took, place; if 1t does no
 outshine in display of legal lore sns talent, the Impeachment of War
 ren Hastings who spread ruin ane
 desolation throughout India, 1t will
 not be the fault of Commissioner ol
 Public Safety Roland F. Andrews. Ii
 will be recalled that 1t was Commis.
 sioner Andrews who preferred tho
 charges of inefflciency and improper
 conduct against Bowling for being
 found doing duty at the Polish club
 on one Sunday in March Yesterday
 Commissioners Andrews, calculatins upon the trial of Bowling to take
 place, left his bed where he has been laid up with a severe cold the past
 week, only to return to it without
 the trial taking place.
 Attorney Terrence k. Carmody was on deck to defend Bowling and as is
 the custom with most lawyers, he
 wanted time to prepare defense.
 Right here Commissioner Andrews objected. He said he wished to re-
 mind the board of rule adopted by
 the last board of safety cutting out
 legal counsel in affairs of this kind.
 As there was to be no professional prosecution, Commissioner Andrews held there ought to be no pro- fessional defense. It was to be a lay proceeding from start to finish and he saw no use for lawyers in the matter. In answer to all this, At torney Carmody reminded the board that he case referred to by Commis- sioner Andrews is still unfinished, 1t being now pending in the superior court because of the very fact that the man who was tried was not al- lowed professional counsel. His rights were taken from him for the time and the superior court mas yet to pass upon that high handed proceeding of the last board of safety. Further more, he said that if Commissioner Andrews insisted on ignoring coun- sel for the accused policeman, he would object to Commissioner An drews playing the part of prosecutor and judge at the same time. To which Commissioner Andrews replied the board as whole had the right right to bring charges against any policeman and also the right to weigh the evidence afterward. The matter of allowing counsel was put to vote and it was carried by a party ballot.
 Then came the question of post poning the trial Commissioner An 1rews insisted it should go on as here was literally nothing new in he case and everybody was convers- mt with the details. He had left lis sick bed, he said, in order to be It this trial and he did not think it air or just to him that he should go pack to it and come out again a few lays later for the purpose of hearing he case. After some discussion. 1t | vas voted to postpone the hearing to friday afternoon at o'clock. Con- l missioner Andrews then requested hat the city attorney prosecute the ase, seeing the defense was to be | onducted by lawyer. Commis- toner Minor objected He said he i'd not think it right that the board | mould go on record as requesting | ny such thing, when 1t was not the | ense of the board. Mayor Thoms, owever, said he would request the lty attorney, at the request of Con- lissioner Andrews to conduct the rosecution. This seemed to satisfy verybody and that matter was losed.