New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-21

-
there Is reasonable doubt of iii.
guilt. is found guilty syy you ~
= mean to say. Senator" replied ths
Commissioner, 'that after reading
these cases | have the discretionary
power to determine in my Judgment, as
! has the Deputy Commissioner, whether
the man is guilty and whether all the
facts warrant the imposition of ar
extreme penalty"
System Of Punishment
"You thought there was reasonable
doubt of mans guilt and you found
him guilty of extortion or bribery and
you gave him the punishment that you
imposed? :" continued Mr.. Brown.
y felt there was reasonable
| imposed that penalty. This is done
in every court in the land and you
know it."
After reading Section 302 of the
charter, giving the Police Commission.
er the power to dismiss from the force
or to impose fine of not more than
thirty days in punishment for violation
of the rules of The department., Mr.
Brown referred to the case Of Sergeant
/. John j. Dunnigan, who had been ent
to the home Of Mary Harrington, fif-
taen years old, at ZIG Ninth Avenue, on
December IL, 1919, TO investigate the
story of the girl having been attacked
by man. 1t appeared from the testi-
mony that he not only failed to make
a report of the matter but had actually
attempted to assault the girl. He was
found guilty of both charges, according
RI ho "a e. ~
days pay.
The Commissioner insisted that the
only complainant in the case, the girl,
had died before Dunnigan came to trial,
and that the evidence was not con-
vsncing. He said the policeman could
have been. removed, but that the man
would have been reinstated on the
basis Of fimsy evidence. The Commits
sioner added that Dunnigan was still
on the force.
"You found him guilty. said Mr..
Brown, land you say that when you
found him guilty there was an impede
ment against your imposing just pun
ishment 2"
Surrounding Circumstances"
eve did not find him guilty of the
full set of charges. We found him
guilty on . the surrounding circum-
Stances" replied Mr.. Enright.
To this Mr.. Brown offered, IA
man found guilty OF surrounding cir
.cumstances l am willing to admit ought
to be acquitted. That is a crime l am
not acquainted with"
Mr.. Brown added that if the man
was guilty in any form whatsoever he
could have been dismissed from the
force, saying, che is leopard, preying
on mankind instead of being a pro-
tector The whole community cried
aloud as complainant. The stones
cried out" -,
"There was no complainant there"
insisted the Commissioner.
The case of Charles G. Potter was
then taken up. Potter, it'appears from
the testimony, was found guilty of or
dering and taking from store pound
of butter without paying for it and
ordering and taking from store
groceries and refusing to pay for the
same.
"This is what they call "taking some
thing on your shield, is it not?" asked
Mr.. Brown.
81 don't know what the case devel-
oped," replied the Commissioner.
"He is found guilty Of both charges
and forfeits ten days pay" read the
counsel
Takes Without Putting
81 should say that was very bad pro-
cedure," commented the Commissioner,
about man going into store and
ordering something and refusing to
pay for it,"
replied Mr.. Brown, adid he not :" '
Yes, but it is not stealing it," in
sisted Mr.. Enright. "He orders some
thing and takes it and refuses to pay
for it. We have thousands of those
cases."
"You don't have many cases like.
that 2? questioned Mr.. Brown, in amaze
ment.
eyes," replied the Commissioner:
"they go and buy clothes from a tailor
and refuse to pay. 1t is not capital
ofIense. I think the fine of ten days.
pay good, stiff fine. It often depends
on q mans record and just how it was
DONE"
The Commissioner was then ques-
toned about the fning of Policeman
Edward w. Brandon for making false
entry in connection with an automobile
accident resulting in breaking the leg
Of David Greenberg. sixty-five years
old, of rs East 10th Street. When the
matter came to court Brandon, it ap-
pears. changed his testimony, causing
Greenberg to lose his suit.
This was perjury, wasn't tt" asked
Mr.. Brown.
~ don't know" replied the Commits
sioner, "but what I would like to know
is why the commanding officer. at that
time Dan Costigan, why did he saw
that the charge against him was MAX