The San Francisco call., 1908-12-22
THREE DECLARE
|. CAPTAIN DUKE
NEGL[CT[DDUTY
Police Commissioner Sweigert
Only One to Vote in Favor
of Officer
Desultory Search of Morris
Haas Blamed for Suicide of
Man Who Shot Heney
Punishment May Be Reprimand,
Fine or Dismissal From
Police Force

Captain of Police Thomas S. Duke
was adjudged negligent of duty in the
manner in which he had searched Nor
ris Haas, the would be slayer of Fran
els j. Heney, by the board of police
commissioners yesterday. The penalty,
which may be fine, reprimand, or
dismissal from the police force, will be
was not unanimous, Commissioners
Sweigert voting mot guilty.
IN EXECUTIVE SESSION
The commissioners spent two hours
and a half behind closed doors yester-
day, considering the transcript of testi-
mony in the case, before they arrived at
their verdict.
When the secret conference was
about half over, Secretary Skelly was
asked to secure the shoes which Haas
wore when he committed suicide One
of the commissioners doffed his own
boots and tried on the CATERS of Haas
in order to test the practicability of
carrying the derringer in one of them.
The commissioners agreed that the
weapon could have been SO concealed
and reached the conclusion that Morris
Haas, must have carried 1t about with
him in that fashion.
AS a result of their long discussion
the commissioners were unanimous in
finding that "the weapon used by Haas
to commit suicide was on his person
from the time of the shooting of Heney
to the time when he shot himself in
the county jail
MOTION BY KEEL
Following this, Commissioner Keil
moved that Captain Duke be found
guilty of neglect of duty in not search
ing Haas in manner sufficiently
thorough to find the derringer in his
shoe. Commissioners Cutler and Leg
gett voted for Keils motion and Com
missioner Sweigert voted against it.
Captain Duke was thunderstruck
when the findings of the board were
made public by Secretary .Skelly When
his name was called Duke arose, show
ing every outward indication of con-
fidence that the verdict would exon
crate him. But when the secretary
read the decision of the commissioners.
a deep flush passed over his face and
he was greatly Disconnected.
Notwithstanding his surprise at the
adverse ruling, Captain Duke refused
TO comment on the matter. The COM
missioners are my superior officers" he
said, and l can. not discuss what they
have done
CHARGE BROUGHT By BIGGY
The charge on which Captain Duke
was found guilty was brought against
him by the late Chief Biggy for the
purpose of fixing upon him the respon-
sibility for the suicide OF Morris Haas.
Duke had searched Haas in the court
room Immediately after the shooting of
Heney and before he was conveyed to
the county jail. Biggy charged that
Duke had not made a thorough search
and that this negligence had made it
possible for Haas to carry into his cell
the derringer with which he killed
himself.
Captain Duke, represented during
the trial by Attorney Theodore Roche
contended that it was not his duty to
make any but a desultory search of
the prisoner, because it is the custom
of the police department to make a
thorough search when a prisoner is
booked. This defense. however. was
supplemented by testimony going to
prove that Notwithstanding this, Duke
had made a thorough search of the
prisoner.
The cases of Detective Sergeant
Thomas +. Burke and Patrolman Den
mis- Bohle, charged with neglect of
duty in allowing Haas to commit sui
eide while they were guarding him.
will be taken up at the meeting of the
commission tomorrow night.