The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-05-20
OMAN MAY LOSE
PLACE ON FORCE
Former Police Chief to Be Tried
by Commissioners on Charges
by Heney
Judge Hunt Declines to Issue a
Writ of Prohibition Prayed
For by Defendant

Jerry Oman, the former chief of po-
lice. must stand trial before the police
commissioners on the charge pre-
ferred against him by Francis ].
Heney. alleging conduct -unbecOming a
member OF the force. Judge Hunt
yesterday knocked out the writ of pro-
hibition asked for by Oman. and sus-
tanned a demurrer to the writ inter-
posed by Assistant District Attorney
Harrison for the commissioners.
The allegation made by Heney
against Oman involves the same facts
upon which Oman was indicted by
the oliver grand jury for perjury. He
is charged with having perjured him
self in testifying before the grand jury
in connection with a house of III fame.
Dinan's testimony was directly con-
tradicted BY Father Caraher. The
former chief now holds the rank of
corporal in the force. but has not been
assigned to duty since he was dis
missed from the position of chief. If
the charges made by Heney are sus
tanned he will probably be thrown OFT
of the force.
OBJECTS TO SANBORN
Dinan's petition for a writ of pro-
hibition was based mainly upon the
fact that F. G. Sanborn. now a police
commissioner, was member OF the
grand jury that indicted him. His
attorneys, Lewis =. Bytngton and Car
roll Cook, argued that Sanborn was
interested and biased and. as he re-
fused to absent himself from the
board meetings at the trial OF Oman.
il was asked that an the commits
sioners be enjoined from proceeding
with the trial. Judge Hunt, in his de-
cision rendered yesterday. states, how
ever, that even IL SanbOrn insists
upon participating in the trial as one
OF the judges he Is not disqualified.
The judge said:
The petition herein does not, in
terms. charge that the defendant San
born is biased or preiudiced against
the petitioner. but simply that he is
interested in the proceedings before
the board Assuming. however, that
the facts stated import such a con-
clusion, still, under the decisions OF
the supreme court Of this state. he is
not disqualified from acting as a mem
Der of the board upon such charges
CITATION FROM DECISION
I'm Meyer VS.. city of San Diego. 120
Cal, 106, it is said: 1t should be
the desire of every judge TO avoid
the appearance of bias-and to this end
he should decline 70 sit in any case
in which his interest in the subject
matter would naturally influence him.
This Is especially true of a proceed
ing like this-before a board the de-
cisfon OF which, II the proceeding is
properly conducted. is not subject TO
review. where the members Of the
board sit not merely as judges TO de-
termine questions of law, but also as a
Jurors TO determine questions of fact.
at is a presumption Of law, however.
that oficial duty will be duly per-
formed; and hence. if the defendant
Sanborn shall participate in the trial
of the charges against the petitionSW
it is to be assumed that he will act
as an unprejudieed Judge. and accord
to him a trial such as the charter OF
the city provides for when ii declares
that no member of the police force
shall be subject to dismissal or pun
ishment except after a fair and inn
partial trial before the commissioners
The rule that the accused shall
have a fair and impartial trial is a
rule which is the corner stone of the
law: it is a rule the strict Observance
of which is dictated by natural Justice
and an enlightened public policy"
WILL FIGHT FOR HER RIGHTS When