Waterbury evening Democrat., 1908-05-08
M'NIFF HEARING
Arguments EDded and Briefs
VIII Re Submitted.

fund and the regular police depart
ment was finished late yesterday af-
ternoon. The defense can be
summed up In a few words for the
evidence of one witness was that OF
all. The witnesses were ex-Commis-
sioners briggs, Buck and Moran and
Mayor Elton. They all said that MIR
McNiff In their. opinion was allowed
full and fair trial and denied none
Of his rights or privileges as an ac-
cused party. None of them remem-
bered the words attributed to Mr.
briggs by the plaintiff we've had
enough of you. Officer, please re-
tire" or words to that effect. None
of them recalled that the officer re-
minded the board that he was 20
years in the department and never
before was charged with any Of
Tense
They said politics had no figure
in the case at all and the idea OF
eliminating lawyers was merely to
hasten matters and to clear them.
Commissioner M. j. DAILY was sick
at the time of the hearing and there
fore had no part in the matter. At
3 o'clock all the evidence was in and
the arguments began Immediately.
Attorney O'Neill said that no man
living could answer to the charges
against McNiff. They were too
broad and indefinite. The idea of
charging a person with collecting
funds and not returning them with
out making any accusation as to
when the funds were collected, who
from, and when was the extreme OF
righteousness. At this point every
body in court seemed to feel like
having a good laugh but only audi
BILE smiles were heard. Mr. O'Neill
referred to his client as police
court lawyer Of 20 years expert
ence" and that his section 3 and
paragraph ~ had no bearing or
weight on the board of safety which
tried him.
McNiff was too tedious for the
members of the board, too techni-
cal. too tardy, and he made them
tired, said Mr. O'Neill. Laughter.
They were afraid he would throw
dust in their eyes, he went on.
They wanted to hear some great
lawyer, some big fellow from the
state, some great celebrity OF ma
tional fame, for my friend McNiff,
though he practiced law in the po-
lice court for 20 years was too small
for them"
AT this point Judge Wheeler re-
marked that the city charter diff
ferentiated this case from any OF
the kind that has so far been decided
by the supreme court and Mr. O'NeiH
fastened TO remind the court that he
was about to call the courts atten-
ton to that fact. The case of Nc
Niff was judicial rather than admins
trative in Mr. O'Neill's opinion and
he agreed with the court that IL diff
fered from those of its nature which
have already been decided by the
supreme court. Mr. O'Neill held that
It was the board of safety, not an
individual that had made the
charges against McNiff and that the
charges were not In writing. Mr.
O'Neill credited Mr. Elton and Mr.
briggs with being honestly inclined
citizens, but that they we're too zeal
Gus in the discharge of their duty
In this McNiff matter. He asked
what is conduct unbecoming an Of
ficer? II an officer, he said. was too
frisky in stepping aside from some
obstacle on the sidewalk, or con-
Quoted himself in any way in which
offense might be given to Mr. briggs
or any member of his board OF safe
ty. the offcer's behavior might be
construed as unbeceIning an officer
in the opinion of such high minded
men as Mr. briggs. Why" said
MIR O'Neill, "if | we're that officer
they could haul me before their
board and say, Here, you're guilty
OF conduct unbecoming an officer
and you git out. 60" Laughter.
That would be administrative |
power" said Mr. o'Neill. while a |
Jolly laugh went the rounds Of the
court room, but the charges" he
ION which my client Is
charged. 'is a year old and can this
board OF safety have anything to
do with that, anything 10 say to a
matter so far gone by and that has
no relation to his Office as police
mani"
Here Mr. o'Neill explained the diff
ference between crime and offenses,
TO show that the board Of safety |
which tried McNiff knew no differ
ence between one and the other and
therefore did. not recognize the es-
sential fundamental formality In the
case against McNiff. The result was,
he held, that McNiff suffered and
was injured beyond measure accord
ingly. II
THE fact was, your honor said
Mr. O'Neill, loosely. but still with
full intent TO convey his meaning,
this board OF safety got afraid Of
NcNif. They heard he was read
ing M charters and statutes and
they decided It was about time TO
get rid Of him. But / doubt II Mr.
Elton or Mr. briggs. both good men.
would send adrift an old horse or an
Did servant In their family after 20
years Of service. l don't think they
would"
The Arguments were over by ,
o'clock and 10y agreement briefs viii
I,e submitted. There was quite n
crowd Ia the court and ex-AIayor e.
Ian sat near Mr. briggs and Mr Moran
Iwo Of the members Of his hoarl 0f
safety and enjoyed MIR 0'NeiIl's sal
les and illusions TO their official dig
nffv