The New York herald., 1921-09-21

and he always had escaped with light
punishments. Mr.. Enright insisted that
the penalty visited on Tighe was as Sc
we're In this administration as in the pre-
ceding one. when numerous charges were
made against the ofiicer. The Commits
sioner read q record.
Let me look at that" Mr.. Brown
said
Take a good look at 1t. Senator
the Commissioner said. tossing It across
the table. The audience laughed.
II wish / had the sense of hurnor OF
this audience. or I would laugh my
head off," Mr.. Brown said.
Defending the findings OF the depart
ment. the Commissioner said moment
later:
There are a lot OF people around
here who want TO throw the policemen
TO the wolves"
B Days Pay for Beating 4 Men.
.TIhere Is the case OF a police officer
who went Into an apartment. beat up
four men and who was fined three days
pay: do you consider that proper ex-
ercise OF police discipline?"
That was a young probation officer
who did not use the best Judgment,
but ne went in where there had been
shooting and had to encounter men
wfo were drunk. and did the best ne
could"
Mr. Brown said:
"a record Is made by your Office OF
men being charged with offences so
jisreputable that they may not be men,
toned among decent men and women.
They are In some cases that ! have
presented to you here. found guilty. the
word guilty extending to the charge.
That record goes into your office. and
stands against them. You then say that
slthotrgh you have found them guilty OF
the charge "a made. you In your own
ryiud In finding them guilty, only found
tNen, guilty of a part OF the charge,
yet there is no record of your decision
ioing them damage which is income
parable"
At don't take your view of this thin g
al all, Senator. If I found them guilty
in those cases of everything there /
would dismiss them from the depart
n,ent They have been shown consid
aration and mercy because the trial
Of the case did not warrant tn.
charges"
The police rules were read giving
the Commissioner the power to dismiss
from the force or impose fine of not
more than thirty days pay on police
man for violation of those rules.
Maintenance OF discipline Is an im-
portant part of your duty?' Mr.. Brown
asked.
VERY important" the COMMISSIONS
admitted.
Policeman James Barry. Forty-sixth
Precinct, was charged on February 20,
last year, while in citizens clothes,
with entering the premises OF Philip
Weisman. 2514 Eighth avenue, and de-
nand'ng SIS for overlooking violation
OF the law. weisman refused. according
10 the record. but did pay 81 Barry
was found guilty and fined thirty days
pay The Commissioner said:
This is borderline case. case
that Won feel that the man is probably
guilty. but there Is lacking any good,
sound. substantial evidence, enough TO
rnake you believe that he Is guilty In
the first degree. It Is borderline case.
You are pretty well satisfied that In all
proba bility 1t Is so. and yet there Is
enough of circumstances In 1t to war
rant YOU in not imposing the final PEN
alty. This mans record was fairly good.
/ talked over this with the Deputy Com
missioner. The atmosphere OF the trial
vas such that sood deal could be said
in the officers favor. 1t was case or
giving this man clemency and chance.
Doubt Excuse for Clemency.
"This man was guilty Of either extor-
ton or bribery. IL he was guilty?"
There was enough of an element oi
doubt about It to warrant clemcncy.'
"And you found him guilty when you
doubted whether he was guiltyg'
THAT was the finding OF the Deputy
Commissioner. submitted to me-"
Men are either guilty or innocent"
"The evidence against this man. II
recall 1t properly. was that of the wit
ness and mis- son. Now. II we are to
take that as being satisfactory In all
cases In this department, the life Of no
policeman will be safe. ALI that has to
be done when an officer goes into a
place to enforce the law is to have the
man or his wife say that he tried to ex-
tort money from them. and no police
mans life would be safe.''
do you mean to tell me, Mr.. Com
missioner. that a policeman who Is
brought UP before you for trial, when
there is a reasonable doubt OF his guilt.
is found guilty by your"
II mean to tell you, Senator, that