Evening journal., 1914-01-21
TANCLE In
COP REPORT
Record That Shows officer on
Duty While Off Leads
TO Trial
EXPECT CAPTAIN TO
EXPLAIN MATTER

itihvoh Was tahtn UP lh the7AihE ouN
"a misunderstanding relative TO the COM
plant tina thad been nled against Pa
trolman John J. Fox, that ne had MISS
ed his 3.45 a. m. report several weeks
ago. The matter was brought before
the commission last week when Officer
Fox created a mild sensation when he
offered as his excuse the fact that he
had been excused from duty the day of
the alleged failure to make his report
while the report sheet showed that he
had reported Oh 10 Caotiin Kane at > -
a. m. on the day Of his alleged cerehc-
tion.
( To clear mp the matter the ailur was
deferred until the meeting yesterday.
and after hearing several moe w,uWss-
/ cs. it was decided TO cont inie the case
Tor another week 10 get the testimony
OF Captain Kane. who Is alleged to have
excused Fox from duty, the officer hav-
ing to appear in the upper court for
duty the following day. Operator Cay
nor who was ON Cuty that evening. SAID
Fox had made his 40 g. m. rcpoi at
l39 o'clock and t.at he did not again
report tm his lpS, though he was
supposed 10 have reported at $40
lo'clock. Gaynor did not know the of
feed mad been excused from duty the
balance of the night. he said that n
the morning that Fox had not made lls
3.45 a. IN. report. 30 be esfod Captain
Evans who told him that Fox had re-
ported OIL 40 4.25 o'clock. The operator
then put IL down ON the report sheet
that FoN had reported of at that hour.
Captain Evans admitted that he had
made the mistake. He stated that he
thought he had seen Fox among the
half dozen officers who reported on
at 4.25 TO 43O that morning. and this
thought was strengthened by Serg-
cant Massey. who said be also
thought he had seen Fox among the
men.
Captain Evans stated that Captain
& Kane had not informed him that he
had excused FOX from duty. he de-
clarod that he had latcr called FoN
b out Of bed To make sure. and Fox
? told him that he did make the report
: AT that time. however. Captain Evans
was speaking about the 4S0 report
and thought that Fox knew il, where
as Fox believed him to be speaSins
of The 40 report II was this mis-.
, understanding that led TO Ohicer fu,
being called before the commission
I Chief Black stated that both th'
captains should have known that Fo'
was excused from duty that even
>. ing
: "We all make mistakes sometimes,
r. replied Captain Evans with SOM
. heat
/. Sergeant Massey said he had me
officer Fox about five minutes befor
the officer made his 1.40 a. m. report
ot but the officer said nothing 10 hiI
m about going oil az 140 for the r.
,y mainder Of the night The sergear
ic stated however. that il was nc
IN necessary for the officer TO tell hin
nj as he, too, went of at that time, an
or it did not interfere with his dut
IN while he was the sergeant Of tina
district
The three members of the pole
commission were unanimous In th
opinion that an injustice had bee
done Office. Fox by hailing him be
fore the commission on charge tina
n evidently was groundless. inasmuc
u as IN all his many years of servic
there has not been a previous con
plant made against him. In order
nc get at the bottom Of the aifair th
commission deferred action IN In
ne case until next week TO hear Capital
y Kane.
rs Special Officer Haley Of the la
~ and Order Society. appeared befor
an the commissioners az the request {
We the society for the purpose OF n
ne curing into the alleged contradictio
ne that was seemingly apparent in Oh
re testimony given by officers NIichai
10 McGillon and Charles Morrow at II
hearing in the anti-screen cases b.
fore Magistrate Lewis last wee
Mr. Haley contended that the test
n mony given by the officers at Il
~ hearing contradicted the report the
had made in The case of Edward
n McCann. proprietor of the saloon
re No. II East Second street. Mr.. Hall
ed contends that the officers in their r
.e- port. which also was signed by Sc
Inf geant Massey, stated that there was
is obstruction IN Mr.. McCann's windc
hs which prevented a clear and uno
structed view of the interior of q
n saloon. and at the hearing had tes
on fed that there was not an obstruct
.or view. but that they could see into Z
10 saloon The two officers stated Oh
- the report they made concerning [
e. saloon was correct: that there W
"a an obstruction In the window. Tn
- stated, however. that the question b
been asked whether or not they cou
,c see into the saloon and they repli
~ " in the affirmative. Il was brought @
.ue that the two officers were tall be
er being nearly six feet in height. whe'
as Mr.. Haley is small man,
which reason the officers could pre-
ably see into the saloon when the Il
ter could not
'er The commissioners were satisf
that teh officsre had performed Tn
me duty in the matter as they should H.
ths done. inasmuch as they admitted Il
oi there was an obstruction in the "
pc dow, bu- frankly declared that u
- could see over it.
sne s "You must understand. Nj. Hal
,n snd that we cannot order these men to &
~, testimony that will indicg or conv'c
lin, certain man." declared Mr. Bowt
cat "They must tell the truth regard
of whether it helps the defendant
asst not. I think they have explained
aw- matter satisfactorily
are "They have let themselves out pi
col tv good. D" remarked Mr.. Haley, who
old clared that the real point was vine
snt- er or not the officers would In the
be- ture be governed in making out a
The reports concerning saloon wind'
sec from their own viewpoint. Mr.. Ha
Wed thougfiht the officers should take
ked consideration the height of the a'
mo age person. He had his doubts WHIT