The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-10-23
KEARNY COUNCIL
RE|NSTATES TOLEN
WITH REPR|MAND
E,xOnerateS Chief of Police of
Charges of Assaulting To-
Year-Old Boy.
DEFENDANT TAKES STAND
in HIS OWN BEHALF
Adtits Choking Off Young ADJ
ans Wind, but Denies That
He Struck Him.

On charges of assault upon Archibald
Adam, the 1~6-year-old son of Mrs.
Jessie Adam, of 7 Highland g
Kearny. made by Mrs. Adam, the Kear-
ny Common Council exonerated Chief
OF Police William Tolen, of Kearny.
last Mig ut, although administering a
rsprimard at the same time. Chief
Tolen resumed duty today and will
probably receive pay for the time dur
Ing which he was under suspension.
The reprimand to Tolen by Mayor
Brock was in part as follows: You
stated at the hearing that you and Oil
yer stood across the street, anticipating
trouble. You should have been in front
Of the chapel, where. by your pres
ence, the trouble might be stopped in it's
incipiency. You were lax In the mat
ter. Instead of letting the trouble start
and then start in yourself. you should
have prevented the whole thing. This
you could have done by being in q
place where you were to be seen"
Tolen was represented by former
State Senator Michael T. Barrett, of
this city, while Henry Hahn. of the
firm of Hahn & Hahn, took care of
MIS-. ADAM INTERESTS.
The charge as made was based on an
assault Tolen Is alleged to have COM
mitted last Friday night upon young
Adam, when the chief was placing him
under arrest.
The first person called was Adam,
who said hi was standing in the street
when Tolen rushed upon him, knocking
him down. He said the chief took him
- tAA na1f~a ~tofian md hnn0n1 hio
head against the cell door. The boy
also told of his wind" being choked
off by Tolen.
Tolen's Testimony.
Chief Tolen took the stand in his w
behalf, and admitted Choking the
wind, off Adam. He said he was near
the Knox Chapel, In Kearny avenue.
where a basketball game was in prog
ress, because complaint had been made
that fights ensued after the games. He
denied striking Adam. but said he
stumbled against him or tripped.
Detective-Sergeant oliver corrob-
GRATED Chief Tolen's testimony, as did
Sergeant Zitzow. Recorder Kelly was
called and said that Chief Tolen had
to go.
William H. Biedleman. of this city,
who was visiting in KearnyS testified
In behalf Of Tolen, as did also Mrs.
Joan Lyon, who lives almost opposite
the Town Hall.
David Hunter, who was arrested by
Detective Oliver the same night as
Adam, said on cross-examination that
he was struck on the nose and started
to run away but was caught by oliver.
Lawyer Barrett asked how many were
In the crowd that had gathered. Hunter
said he didn't count them, the answer
bringing forth much hand-clapping and
whistling. Mayor Brock said he would
clear the hall II there was such an oc-
currence again.
Ernest Stryker, who proved to be the
best witness on the plaintiffs side, old
of seeing Tolen getting Adams head
under his arm and punching him twice
In the face.
Both lawyers summed up and the
Council retired to deliberate with the
result as stated.
Matter Not Closed.
The fact that Tolen was ex~onerated
by the council does not necessarily
bring the matter to a close, as Mrs.
Adam today toll an EVENING STAR
reporter that she would probably in
stitute civil suit against To1en. Mrs.
Adams case last night was consider
ably weakened by the fact that two
of the principal witnesses were absent.
They are Raymond Decker and a
prominent Kearny woman, whose name
Is withheld.
Tolen and oliver, it is said, will here
after be instructed to work alone. In
the past IL there was any little trouble
both had to get IN the job, no matter
how trivial. Often, as a result, there
was no officer remaining at the police
station. thereby leaving the large town
Of Kearny in the hands of one man.
Citizens have criticized this thing time
and time again, but nothing was ever
done. Last nights affair, IT is thought,
will have the required effect.