The Washington herald., 1907-06-08

Charles T.. BeuUhtllHs attorney Iva tLi7
local Brotherhood of Locomotive Engi-
neers. will to-day appeal 10 the Commits
sioners in the case of Capt w. II.
Mathews and Capt J. T. Mulhall, who,
bv the findings Of the police trial board
(Iames +. Francis Smith. chairman, dis
sentingD. are eXonerated of the charge
preferred against them In connection with
the death of Engineer Hugh Murphy, who
WAS killed in a wreck on the Southern
Railway in this city September II last
The. appeal will be based on the act Of
1906 which provides that 'the Comm!s-
sioners shall be authorized and empow-
cred to fine. suspend. with or without
pay. and dismiss any officer Of said police
force for any offense against the laws
of the United States or the laws and or
dinances or regulations Of the District OF
Columbia: provided. that no person shall
be removed from said police force except
upon written charges preferred against
him IN the name of the major and super
intendent of police force TO the trial
board or boards, hereafter provided for.
and after an opportunity shall have been
afforded him 10 appear in his defense.
The Commissioners are also empowered
to reduce or modify the penalty Of the
trial board. or remand any case against
any officer or member Of the police force
20 the board for such further proceed
! ings as they may deem necessary.
Can Change Penalty.
Mr. Bendheim will contend that under
this act the Commissioners may provide
penalty IN the case Of Capt MulhalL
who is completely eNonerated. and increase
the penalty recommended in the case OF
Capt. Mathews. who is found guilty of
the charge Of having strsck Capt ". A.
Dixon. Of the fire department. such
action being conduct unbecoming MEM
Der of the police force
After 81 resume of the testimony. which
/ is characterized as "voluminous, conflict
/ ing, and contradictory the following
/ statement IS made i'm the majority report
submitted by Inspectors John A Swim
deTs and Francis f. Cross.
1T is apparent that the excitement in
/ the vicinity nf the wreck was intense.
that great confusion prevailed. that a
/ large majority of the persons attracted
/ to the scene were there for the purpose
| of viewing the wreck rather than 70
! render did. and that they We're so OBJ
structing the street as 10 seriously iu-
/ terfere with the attempted work Of rescue
THE accident occurred at night and
/ Il being dark. lanterns We're needed and
used to enable those working 10 get q
view of the wreck. and persons could not
/ be easily recognized. consequently, the
police could not readily distinguish be-
/ tween railroad men. iremen, and others
| Many doubtless took advantage Of that
/ fact, and added 20 the confusion 10y re-
! peatedly endeavoring TO secure and main
/ tain a place within the prescribed area
after having been put back by the officers
/ Interfere with Police.
New arrivals were continually aug
menting the assemblage. and. being eager
/ to crafty their curiosity, were a factor
in keeping up the excitement and adding
/ 10 the onerous duties Of the police. T.
/ therefore. became necessary for the polio.
/ to adopt such measures for clearing and
| keeping clear a place about the wrecked
/ engine which under ordinary conditions
they might not have been justified In
/ using
! The statement Of several witnesses
/ that they were ordered away or forcibly
/ removed from the vicinity of the engine
/ cab by Capt Mathews or Lieut. Mulhan
/ while actually engaged in working the
! Jacks or other implements except at the
/ time Of the approach or arrival of the
wreck train. Is inconsistent with the gen.
eral trend Of the testimony for the prose
/ CutlOn.
1T is in evidence that at a particularly
trying mOment-when Engineer Murphy
was released and was about 10 be placed
/ on a stretcher. and a great mass Of per
sons was pressing forward and the com
bined efforts OF the police were required
/ 10 keep the crowd back and open a way
for the men with the stretcher-Capt
Mathews was ClUtChed by the arm. anC
\ he struck with his fist the person who
/ held him, evidently for the sole purpos,
/ of being quickly released that he NIGH
continue the performance of his duty un
hampered. The person struck proved {,
! be Capt. Dixon. of the fire department
! An explanation and apology immediatell
followed, which, in our opinion, mitigate.
the offense and appears to have been en-
tirely satisfactory To Capt. Dixon. who
made no charges against Capt. Mathews.