Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-07

ing without interference, but in my judg-
ment the positive testimony OF so large
| number of witnesses, unimpeached, some
of them responsible and all presumably
credible citizens, is not outweighed by the
negative testimony referred to. and in the
absence of contradiction must receive at
least measure of credit. The testimony
relied on by the defense Is not in any sense
a contradiction; the men who were seen
about the wreck may have been french
In fact, Sergt. Dunnigan of the police force,
after testifying that he saw men busy
about the wreck without interference by the
police, stated that to the best of his knowl-
edge those he saw were policemen and fire.
men.
Tended to Delay Rescue.
''1n my judgment the conduct of the two
accused officers and of those under them
tended to delay rather than to hasten the
work of release. 1t is quite possible that II
some of the men who were excluded had
been permitted to reach. the scene earlier,
or If the men who were engaged in what
may have seemed to have been useless eff
forts, had been allowed to continue a sys-
tematic and effective means for releasing
the engineer might have developed sooner.
Some experimenting Is inevitable In Situa-
lions Of this kind. and it was not, in my
judgment, within the province of the police
to decide what was or was not the proper
method of dealing with the situation. mas
much as they took no part whatever in the
work.
The testimony Of the chief Of the fire de-
partment Is to the effect that In his judg-
any others than firemen, and that he reach
ed the conclusion very shortly after his
arrival at the scene of the wreck, at about
7:4O, that the jacks which were on hand
were insufficient; that nothing could save
the man but the wreck train, and that his
subsequent conduct was governed accord
ingly. The accused officers evidently had
the same idea, although there Is no war;
rant for this cODcpnfinn of the relative DIN
ties of the fire department and the police
of this kind.
1T should have been apparent to these
ofncers, exercising ordinary judgment, that
the experience and capacity required to
meet such an emergency could presumably
be furnished more readily by those in the
same line of employment with the injured
man and accustomed to dealing with such
situations ratherthan by strangers to them.
Firemen Unable to Aid.
THE firemen confessed themselves abso-
lutely impotent to render aid, and most of
them were ordered from the scene before
the arrival of the wreck train. My opinion
Is, therefore, that exoneration Of these Of
hcers would amount to a sanction of the
line of conduct pursued by them on this
occasion, to which 1 am unwilling to as
sent.
Capt Mathews is also charged with con-
duct unbecoming an officer in striking
Capt. Dickson of the fire department, the
evidence showing that the accused officer
struck Capt Dickson with his fist am I'M
able to see any extenuation of this offense
in the circumstances suggested in behalf of
the officer.
The accused officer in passing had showed
Capt. Dickson. and to keep from falling
Dickson had clutched the accused by the
| arm, thereupon Capt. Mathews struck him
with his fist.
1T was the business of the accused to
know whom he was striking. For all he
knew, apparently, he might have struck one
of his own men. 1t would have been I'M
becoming conduct to have struck any one
in such a manner and under such circum-
stances, and especially one whose right to
be where he was was equal to that of him
self. The incident illustrates the mental
condition of the accused officer, and tends
to strengthen my conclusions as to the
other charges"