The San Francisco call., 1908-10-04
IIERN[Y RfFUSESTO
TO FILE CHARGES
SalOOnman Has an Exciting Ses.
sion With Chief of Police
Biggy
Says Captain Duke Should Try
TO Vindicate Himself Be-
fore Grand Jury

Matt Tierney. who would he saloon
keeper again, reinforced by Attorney
Thomas O'Connor: Police Captain
Thomas Duke, whom he accused be-
fore the police commission Of solicit
ing a bribe Of $1,000. and Chief of
Police Bigcy held picturesque ses-
sion n the offices Of the chief in the
hall Of justice yesterday morning.
Nothing violent happened, the most
thrilling feature Of the gathering be-
ing the mysterious way in which Tier
pey was summoned to attend. Bigsy
asked Tierney to file charges against
Duke with the police commission. This
fierney refused to do. saying that he
did not intend that the police captain
should be whitewashed by the COM
mission. Tierney also refused TO take
ahe matter Up before the grand jury
saying IL was Dukes part to do that
He abused Duke for having detectives
out on Fillmore street looking ur
his record, and said, at parting: II
what I said was a lie you have been
slandered and you have a remedy"
Iierney and O'CCnnor were talking
together in Eddy street near the hall
OF justice when Policeman Jimmy
Cullinan approached and said that
Chief Biggy wanted TO see the saloon
can Iierney refused 70 go, saying
10 O'Connor: L don't want 70 &c
up Without counsel I am afraid that
they VIII give out an interview that
is not truthful if 1 should
Policeman Cullinan returned shortly
and said that the chief insisted or
O'Connor to accompany him into the
Office.
O'Connor said to Blggy that Tierney
had come in at Biggy's invitation.
I sent no invitation" the attorney
and client were surprised to hear
Biggy declare.
"WMl you send for Cullinan so that
we can get the straight of this?''
asked O'Connor.
NO" replied Biggy sunenly. He
- did send for Duke The captain dep
.ened the puzzle Of the message by
saying that he understood the chief
to- say that he wanted to see Tierney
The two department officers floun-
dered about in their. maze for some
time, Duke asserting that there must
have been some mistake Attorney
OConnor and Tierney were standing
helplessly by during this depart
mental controversy. Then the chief
and captain went into executive ses-
sion in whispers. Duke withdrew al
the end Of the Whispering
VIII you fle charg against Cap
tain Duke in effect that he solicited
a. bribe Of $1,000 from you under
threat Of opposing and defeating your
application for a liquor licenseg -
p Biggy asked Tierney
~rll do nothing OF the kind" replied
Hierney. While 7 have every con-
ndence IN the honor and integrity OF
4 The police commission I feel that in a
ase Of this kind 1t would rather up
held the honor Of the department than
give an impartial hearing Also. in
view Of the discourteous treatment ]
received on the night I made the ora
charges. when Commissioner Cutler or
dered me elected from the room. 1 dc
aot think it wise for me TO give Duke
the opportunity Of securing a white.
wash"
Duke had mysteriousiy reappeared
about this time and Tierney turned t.
him, saying. There is no imputatior
resting on me. The imputation is or
Duke, and II is for him to take the
hrst steps"
Biggy advised Tierney 10 take The
matter before the grand Jury, but Tier
ney passed that contingency I'D to
Duke also.
Duke already has officers out in
Fillmore street looking up evidence
sgsinst me-" Tierney said. He de
clared afterward that Duke. admitted
that point.
Duke said he wanted Tiernev te
start an investigation, but Tierney
stood by his position Of pushing thc
matter no further. II what I said wa,
a lie you have been sIandered." hs
said, and you have your remedy. In
not going TO push this further I don,
want the whole power Of Duke tc
crush me-"
Captain Duke refused to discuss the
case. He dismissed it by saying tha,
it was up to Tierney to prove the
charges he had made and when tina,
time came he stood ready TO prove hi.
innocence.
Chief Of Police Biggy had NOTHING
further 70 say about the case.
The morning mail brought a lette,
from Henry Burrow Of 124 Turk stree
20 the police commissioners, in which
he stated that he had never INTENDED
fling charges against Captain Duke
He went on to say that he did no
know Captain Duke and had never baf
any dealings with him.
This written denial OF Burrows fol
lows a statement to the same effect h,
made 10 Chief Of Police Biggy Frida,
morning. Both the statement to Bige,
and the letter to the commissioner,
followed a statement Thursday. nigh
made by Burrow that he had far gravel
charges against Captain Of Police Duk,
10 lay before the police commissioner.
than those made by Tierney.