The Washington herald., 1914-02-18
FIRE CASE GOES
TO JURY TODAY
Deputy Chief Sullivan's S Fate
to Rest in Hands of Trial
Board Before Night.
REPORTER Is A WITNESS
Newspaper Man Testi6es He Told
Wagner Twice About "Mufled
Shouts" in Building.
REPORTER Is A WITNESS
By =. ID. wEYER.

Before the shadows of another night
settle upon the city the fate of Deputy
Fire Chief Andrew j. Sullivan will rest
In the hands of three men.
Soon-possibly tomorrow-these three
men will send TO the District Commits
sioners a carefully prepared. typewritten
document. Recommendations, VIII be
the official nomen: Verdict" the real
name of this document.
Guilty or innocent of the charges OF
Iuefficiency and neglect of duty preferred
by the Commissioners?
This is the weighty question to be
answered by the special trial board. con-
sisting of Capt Mark Brooke, Joseph c.
Sheehy. and Charles F. Nesbit, when
Charles w Darr. and Daniel w. O'Don-
oghue, attorneys for the defendant, and
Corporation Attorney Syme, representing
the District heads. will have concluded
their final arguments, probably early
this afternoon
The fifth day of the trial was, to the
greatest part, void of excitement and
even Of much interest to the outside pub
lie though the board rooms was as
crowded as il had been on the previous
days.
Fireworks Mark Session.
The closing hour of the afternoon hear
ing, however. was marked by considerable
fireworks An attack upon the credi-
hility of Battalion Chief Charles b. Proc
tor. SulIivan's chief accuser during Com
missioner Siddons' secret probe was
made by Attorney DOnoghue. 1t developed
Into a lively tilt between the defendants $
counsel and the corporation attorney.
surprise was sprung when. shortly
heCore adjournment, Thomas II. Simpson,
who, as police reporter for a local morn
ing paper. covered" the Seventh street
blaze, testified that he had twice called
Chief Engineer Wagners attention TO a
noise which seemed to be coming from
within the building. This noise, Simpson
said. sounded to him like 'muffied
shouts.
L don't think so. Everybody has been
accounted for" Simpson testified was
chief Nagner's answer to the witness
suggestion to the chief that there might
be some men in there"
The reporter stated that after about
ten minutes elapse he again approa ched
the chief with a similar suggestion and
that Wagner again said he did not think
SO.
Objects 10 Testimony.
Corporation Attorney Syme objected to
the newspaper mans testimony being
admitted t. the record on the ground
that it was attacking Il man who is not
here to defend himself" Chief Wagner.
he opincd. ought TO be given a chance to
hc confronted with the witness.
Chairman Brooke ruled that the taking
of Simpsons testimony was perfectly
proper and told the witness to proceed.
The reporter said that soon after his
arrival at the fire. he had telephoned his
csty editor that he thought some one was
in the building. but that he wasn't
quite sure IL is expected that Chief
Wagner will be called TO the stand this
morning by the corporation attorney.
The alleged circulation at the instance
uf Battalion Chief Proctor of petitions
for his promotion TO the position Of chief
engineer figured in the examination of
witnesses questioned by Attorney O'Don-
oEhue as to Proctor's veracity. The
story of the circulation of these peti-
tions was first printed exclusively in The
Washington Herald month ago.
Proctor Admits story.
Since then Proctor has admitted both
publicly and on the witness stand that
the petitions were circulated at his in
stance, adding. however. that he did
not want to play dirt but simply sought
Wagner's position. acting on ''rumor"
that the chief engineer was to retire.
When II. II. Mcneil, a local attorney,
took the stand, the question put to him
by O'Donoghue was:
do you know Chief PROCTOR"
Yes" answered the witness