Omaha daily bee., 1917-07-10

TO AWAIT SUTTON HEARING.
In view OF the fact that Sutton has
not had hearing, the commissioners
decided to await the Sutton hearing
and then take action on both at the
same time.
Date Of the Sutton hearing will be
fixed at the regular council meeting
Tuesday morning.
AT the afternoon executive meet
ing Commissioner Butler offered
motion to remove Maloney from the
department on account OF having
brought the police department into
disrepute. He was backed by Kugel
and Withnell. Jardine announced The
would support the motion il Sutton
would be included and then Parks and
Hummel voiced the sentiment ex-
pressed by Jardine.
Parks made a motion to discharge
from the service Maloney and SUIT
ton and was seconded by Withnell.
but in view OF the legal opinion that
such action should be deferred until
after the Sutton hearing, Parks and
Withnell yielded. In fact, Parks.
Withnell, Jardine and Hummcl, the
four who were outspoken for re-
moval OF Maloney and Sutton, finally
agreed that it would be better to wait
until the Sutton hearing had been dis
opposed OF. although there was a strong
feeling that Sutton, to all intents and
purposes, had been heard in connec-
ton with the Maloney hearing, al
though technically it was only a Ma
'oney hearing.
Would Defer Decision.
Mayor Dahlman favored deferrine
a decision on the Maloney case until
after the Sutton hearing, because he
contended that the two cases were
closely linked and that il Maioney
should be found guilty before the
Sutton hearing it might have the ef-
feet of clearing Sutton. "If / voted
to exonerate Maloney at this time I
would have to vote against Sutton
when his case came up" said the
mayor
"Maloney," said Commissioner But
Ter, has been the bone of contention
OH the police department during sew
eral administrations. The time has
come to weed out not only Maloney,
but others"
Commissioner Withnell said:
Chief Dunn said he would resign un.
less Maloney and Sutton were both
removed from the department."
"Mr. Withnell is mistaken in what
| said" said the chief. Il did say
that it would be better for the serv-
ice if Maloney and Sutton would be
let out"
Commissioners Kugel and Butler
voted for disposition of the case at
the conclusion of the arguments Of
tered by Attorneys Ben S. Baker
and Elmer +. Thomas and a brief
resume by City Attorney Rine Mon
day. There were five votes to take the
matter under secret advisement.
he dominating reason for taking
the hearing under advisement was the
peculiar relation which charges pend
ing against Detective Paul Sutton
bear to the charges against Maloney.
Sutton is charged with falsely &C
cuslng Maloney, knowing that the
charges were false and without foun-
dation"
Would Convict Sutton.
Maloney is charged with having
been party to and engaged in what
is known as the Chadron conspiracy
to commit blackmal. Some of the
commissioners are wondering whether
an acquittal Of Maloney would not
automatically convict Sutton.
In his argument Attorney Baker,
for Captain Maloney, said:
There has been diabolical plot TO
destroy Maloney. The only conspir-
acy that took place was the one to
get Maloney, and that was conceived
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