The Alaska citizen., 1910-08-29
CHIEF CONWAY IS
 EX0NERATED

On Tuesday last, before Commis- sioner Dillon the case ot Dennis Murphy vs. the Chef of Police came up for trial
 This vas an action brought hy Dennis Murphy against the Chief ot Police on charge of assault and battery.
 The evidence produced was prac tically the same as that rendered in the case of the Chief of Police vs. Dennis Murphy on the previous Sat. urday
 The trial occupied the whole of the day. and resulted in the acquit- tai of Chief Conway
 In rendering his decision the Com. missioner said
 Il am inclined to believe the Chief of Police's story. He acted as good charitable citizen when he failed to press the charge against Murphy a the time the trouble occurred. in order 10 keep from dragging the name of the woman before the pub lie If he had done his full duty under the law he would have ar rested both the man and the wo man. He should be commended rather than censured for his action though he may not have acted strict ly according to law"
 "I have listened to this case with great deal of interest. Judge Dil lon said in rendering his decision. as it is a very important one. both for the defendant and for the peo. pie of this city
 "I have d very clear notion as to the facts ill this case This man Murphy. says that he was standing in the room and the Chief in the doorway when the Chief hit him three times over the head with his club or revolver can still find the llldI N tl lNb bi llIt' N'iftiI'lT, t'tf li seems strange that Murphy should have fallen towards the Chief into the hallway. | have often seen men fall when hit, but they do not gen orally fall forward Murphy's testi mony is not altogether consistent and in order to prove the Chict guilt the burden of proof is on the prosecution.
 As to the plausibility of the story told by the Chief, We have the testimony of Mrs. Shiukle a woman who has no interest in this case. She says that she found the door of Mrs. Nicely's room locked. when she went there Mrs. Nicely answered her when she called and in at tempting to get 10 the door from her bed. fell on the floor. crawling the remaining distance She said she could not find the pass key to her door Mrs Shinckle heard groans in the room at the time. She went for the Chief of Police, whom she finally located.
 Mrs. Shinckle was al the house during the time when Murphy was away on one of his excursions for tomatoes and gin and, suspect, for more. As to the conflict regarding the time of the trouble, Murphy could have been there longer than he thought. for 2la hours does not seem long for people who are drink ing.
 The relations between the Chief and Mrs Nicely. l thought were very important in this case so l ques- tioned him closely on this point. II accounts for his actions in not press ing the charges against Murphy i'm medja'ely after the arrest. However. there is no evidence ot misconduct on the part of the Chief and Mrs Nicely
 It is fortunate that this inves- tigation has taken place. l confess that l felt considerably prejudiced against Mir Conway before this hearing took place. I was police magistrate for four years and have had a great deal of experience with policemen. In most cases just as soon as they get their commission and badge they look upon it as God and man In this case the evi dence shows that the chief did not violate the law"
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