Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-03-21
HOLDS VERDICT IS
KIDNAPPING CASE
Summit Mayor Sits at Judge in
Trial of Two Po-
Iicemen.
Especial to the Evening start

Especial 10 the Evening start
SUMMIT, March 21.--After listen.
ing for one hour and fifteen minutes
to arguments by Lawyers John 3
Walsh and Elmer L. McKirgan, who
| represented Patrolmen John ]. Gan
non and William George, who figured
in tho recent kidnapping care OF
George, and City Solicitor Cora N
! Williams, who acted as prosecutor in
the trial OF the two officers charged
with 'incapacity." Mayor Francis H.
| Bergen last night reserved his de-
cision.
During the arguments Mayor Ber-
gen, who is to decide the fate of the
| officers, frequently interjected a ques-
| tion or q remark tingled with sar-
casm. Lawyer Walsh took most of
| the time during which the arguments
! lasted. He was the first to be heard
in behalf Of his client, Cannon.
In opening, Mr. Walsh reiterated
| his contention made at the trial of
the patrolmen u week ago, that the
charge of 'incapacity' could not
stand, since no evidence of such in
capacity" on the part of the officers
/ had been produced at their trial. He
quoted the definition of "incapacity'
! from the dictionary as being lack of
power, mentally or physieally-or
! inability" Lawyer Walsh argued
that in this State thre had been one
case where an officer was charged
with "incapacity." This case, Ayers
VS.. the Police Commissioners of New
ark" he cited, and declared that in
that instance the officer was blind in
one eye and deaf, and that, Mr.
Walsh declared, was "incapaeity" in
/ its meaning of the word, as given In
the dictionary, and was the intent of
the Legislature in the Interpretation
of the term.
Here Mayor Bergen asked the law
yer If he would consider drunkenness
to be incapacity.
mo, SIR replied the lawyer,
drunkenness is misconduct and
there is no such charge made against
my client. Incapacity' must be a
permanent injury, not feeting
affection"
Gannon's counsel quoted from the
testimony given by Chief Brown to
the effect that Gannon's only inca
pacity" he believed to be In his failure
to ARREST and detaln q suspicious
character after he had been stopped"
Mr.. Walsh maintained that neither
Cannon nor George had any legal
right to stop or arrest q person as a
suspicious person. He quoted the law
in an effort to show that even though
a person may have committed a mis-
demeanor an officer has no right to
take such person in custody without
due process of the law. The lawyer
argued that not until the stranger
stopped by the officers had drawn a
revolver with which he covered the
officers and Russell Bland, the col
ored chauffeur, had the stranger COM
mitted any breach OF the statutes.
"Will II be your contention that an
officer who let his brother officer be
run away with or kidnapped was in
his full mental capacity? Did he
fulfil his duty?" asked Mayor Ber-
gen. Mr.. Walsh asked that as no
crime had been committed prior to
the drawing of the gun by the kid
naper, and that no purpose would
have been served by the officer In
attempting to draw their guns, there
by ricking their lives, he considered
the officers displayed mental capacity
"in acting as any ordinary person
would under the circumstance"
do you consider police officer
sworn to protect the lives and prop
erty of citizens an ordinary person?'
queried the mayor.
Yes, replied Lawyer walsh
Sometimes a very ordinary person"
81 agree with you" shot back the
executive. "A very ordinary person,
indeed
Mr.. Williams, at the outset of the
argument, declared that Lawyer
Walsh must have consulted cheap
dictionary in obtaining the definition
he gave of the word "incapacity."
1.-THE Century Dictionary" said Mr..
Williams, gives incompetence as the
definition of 'incapacity.' Mr.. Will
Jams pointed out that, according to
the evidence, the patrolmen carried
their revolvers in their left hand hip
pockets in q holster, and that they
wore oVercoats, buttoned He de-
clared that Cannon. at least, had
ample opportunity to use his gun dur
ing the time the automobile was
being turned around in Essex road, as
it had been testified that the colored
chauffeur had found 1t necessary to
back the machine twice in the road
way in making the turn. That Can
non had made no cutlery. but had beat
a hasty retreat to the police call box
TO get out of the danger zone was
also pointed out by Mr.. Williams.
That being fully armed. the officers
had shown decided lack of mental ca
pacity, and, therefore, should be dis
missed was the plea of Mr.. Williams.