The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-11-15

mission, sitting as judges in the APP
! Ipeal case of \. l.. Bond, in the Coun-
/ eli chamber of the city offices Tues
| Gay night, sustained the contention of
Bonds attorneys that the decision of
Director of Public Safety James A..
Knapp was Illegal that Bond had not
been given square deal and that the
! investigation which resulted i'm the
decision of the safety director was
arbitrary and one sided. with these
I things I'm mind, the commission re-
manded the case to Director Knapp
and limited his time To Saturday at
one o'clock in which to hold hear.
ing in the presence of Bond and his
attorneys and any others who care to
| lie present
There were some unusual proceed
ngs In the council chamber last night
II was the first time the commission
Fad been called upon To act in the
capacity Of judges in a case OF this
KIND and the presence of Bonds we'll
arranged defense was rather discon-
Ccrtng to the members of the COM
mission.
At 1880 o'clock. Chief Of Police
Ehnefclter declared court in session
but at that time the court the de-
fense ana large crowd were the
only people in the court room. The
complainant, the complaining wit
ncsses and director OF public safety
Were absent.
y. Il. Arnold. acting as spokesman
FOR the members of the commission
stated that they hadn't expected to
be confronted with such an array of
legal talent and that the complaint
ants had made no preparations in that
way Bond was represented by At
torneys Mouser d Maloney and
Thompson K Eymon.
Mr.. Arnold stated that he had ask
cd city solicitor T.. r. Boyd to repre-
sent the 6fficials Of the city hut the
solicitor refused, SAY ing that 1t was
no more his duty to act as counsel
for the state than it was his duty to
defend Captain Bond.
Before the proceedings commenced,
Mr. Arnold asked Bonds attorneys to
kindly refrain from taking any ad-
vantage of the court who were great
ly handicapped by the absence Of at
torncys ana complaining witnesses.
In response 90 Mr. Arnold's opening
talk, Attorney Thompson assured the
commission that although he and
otter attorneys had been retained as
counsel for the defendant. they would
make no effort TO take advantage OF
any one. IL was his opinion that the
city solicitor was the legal advisor OF
the city service commission as he
af oil .r .ft
government. He stated that he did
not want to criticise the action Of
the solicitor in the case but that was
merely his view Of the stand taken
hy the solicitor
Attorney Thompson declared that
the burden of proof was on the other
side; that II was up to them to show
the cause Of the charges filed against
bond and that the director Of public
safety should be present with copy
of the charges and a record of the
proceedings upon which he based his
findings
Mr.. Arnold stated that the commits
sion had the charges, the testimony
cf the witnesses examined by Director
Knapp and his finding in their pos
session. After these documents were
examined by the commission they
were turned over to the counsel for
the defense.
The counsel for the defense asked
that Bonds appeal be sustained by
the commission. and that the finding
of the director of public safety be de-
clared illegal At this juncture Of the
proceedings. Director Knapp arrived
In court but was not accompanied by
prosecuting witnesses. Rev II. L..
WeatherwaX, who preferred the charge
of neglect Of duty against Bond, fall
ed 10 appear.
Attorney Mouser opened the argu-
ment for the defense. He termed the
finding Of the Director Knapp as the
result Of a secret mquisition which
took place without proper hearing
of Bonds side Of the case. He con-
tended that Bond md a right to be
beard; that his attorneys had a right
ta cross examine the witness examin-
Cd by Director Knapp that the pro-
.ccedings. aside from the action Of
Chief Klinefelter in suspending Bond
from the police force for FIVE days
was Illegal and unjust; that wit
nesses We're gllowed TO appear in
Bonds behalf and that Director
Knapp had taken the testimony oe
witnesses who had worked themselves
into fever heat over the wet and dry
election.
Following Attorney Mouser's argu-
rent Mr.. Arnold asked If the com-
plainants in the case We're in posi-
,.rft,
silence pervaded the court room after
the question had been asked.
As no response was received to the