Perth Amboy evening news., 1920-12-29

ot Proceedings before auing upon Mr..
Uu1grliiS. tae.e should be a ruling Oh
the Srsssst testimony before she board.
snt mon y tn.r- Is any evidence to hold
man o, charEss made. iryou desire Go
foIce ma int o reply. =. is satisfactory.
At the present time :he-e is nothing be
fore he tody - hoid the maa on. ! call
IL a severe test 10 nah a man testify
against himself.
Mr.. Goldbetg,r-This Is more Of a CT 90
matter. { th.uk the witness ought To be
sworn, and taken as our witness.
Mr.. Brown submit not to answer
charge until IT is proven.
Mr.. Ciark-lf hc does not want to take
thestaud. I suggest the letter from thu
city physician be made part OF this rec
ord.
Mr. Goldbcrg,r again produced the lot
ter.
Mr.. Brown concede the hdclity Of
the letter but the evidence has been
given the court. The letter introduces
one party who is not here at all. iust as
if a member Of this board writes to- some
one else. expressing an opinion. The best
of evidtnc. is always where a man may
be cross-examincd. You have heard the
doctor testify, respondents cross-eNanl-
ined. what he wrote someone else. eau
not he refuted. and there is no one to
cross-examine. There is nothing in the
letter contradictory to the testimony Of
the doctor. and the best testimony is that
out Of the mouth Of the witness. more 50
than a letter written In this manner
Mr.. Clark This Is not n criminal trial.
We are proceeding along usual procedure.
confined to cities Of .this class. whereby
We can enforce discipline in our police
department. II this board Is opposed to
the senator. he can control. but he cau-
not alter cur procedure. This is not a
criminal trial. the defendant Is here for
a hearing. This is the customary pro-
cedure. the mayor sends an order TO the
chief. aud the chief to the physician The
physician OF police sergeant are bound by
oath when he assumes to take office.
Mr.. Brown-The statute is very scpe-
cihc. not a hearsay. 1t calls for a TAR
hearing. and Is the reason for written
charges being presented. The statute re
quires a legal hearing. II you should con
Wet this man on mere hearsay Of physi-
clan 10 someone else. as this letter to the
mayor. no sane mar in this land would
convict a person on legal evidence. Inc
test Of cross examination is not there anu
II Is not the best evidence. The
man In thi- case is claimed to have been
intoxicated, in relative terms. The statute
calls for a fair trial, a legal trial in the
case and all Casrs. The law
a case Of this Kind is made to
prevent political or other Influence from
in: erfering with the tenure Of office, mad"
50 men in public office cannot be ousted
without a real trial. I believe you are
going to listen to legal evidence. This
letter may be written i'm good faith, or
under influence not intended. II physician
was ca led upon here. u he wrote some
hing else In the letter. how is IL evidence
1t should not be submitted.
Mr.. Clark want II request that the
of Mr.. Brown. that a conviction
is asked. be stricken from the records.
The request was allowed.
Mr.. Clark want to make a motion
that II the defendant does not wish To
on the stand, that the letter OF the
he made a record OF the e. urt.
The defendant in this letter admitted