New Britain herald., 1922-08-29
POLICEMAN TIERNEY RESOLVED ON
 CHARGES PREFERRED BY SERGEANT

~AANOAA AAN
 taken in his deductions. Commission
 CT Jackson asked the sergeant if a
 man had taken a drink before going
 on duty would he not have smelled | 1t during the inspection. The ser.
 feant said that Tierney to all ap. , pearance was all right at that time You would not arrest him if he
 was civilian would you2" asked Commissioner Jackson. No, I brought him in because I considered him up fit for police duty" was the reply.
 Policeman Tierney then asked the sergeant DO you mean to say that ] was unfit for duty?" Yes do," an- swered Ellinger.
 At this time 1t appeared as though the accused officer and his accuser might engage in a verbal argument, but the affair was quickly termin- ated by Chairman Dunn. Tierney then asked Ellinger If be was in a condi- ton that made him unfit to make an arrest, to which the sergeant said he was. Chief Hart showed the nightly report of the signal boxes. which showed that Tierney had put in all his calls on Saturday night and Sun day morning at the proper times, and the only one that was off, was the one about the time that the affair with Ellinger was in progress.
 Sergeant King Next.
 Sergeant King was the next wit ness called. He said he was on duty at the desk when Sergeant Ellinger and Policeman Tierney came to the station. At the desk, Ellinger ex- plained that he had brought Tierney in for being under the influence of liquor. After hearing the charges, King said he advised the policeman to go to his locker. change his clothes, and report the affair to Chief Hart in the morning. The sergeant said he asked Tierney if he had been drink ing and the latter admitted that he had had a drink on Saturday. After changing his clothes, Tierney left the station. according to Sergeant King, returning about 5 o'clock. He left to return again at about o'clock. He did not see him after the latter hour.
 Chairman Dunn asked the witness to use the exact language that was spoken when Tierney was ordered to change his clothes, asking If the ser geant had not advised Tierney to see the chief after he had sobered up. King said he did not make this state ment.
 The witness said he could detect the odor of liquor from the breath of Tierney. He said it was about the same as that of men who are arrest ed on a charge of intoxication. The sergeant said that prior to Tierney being brought to the station, he saw him in the patrolmen's room playing checkers. He appeared all right at that time. In answer to a query by Commissioner Jackson as to the con- dtion of Terney, Sergeant King said ; that he appeared to be fit for duty. I Delving deeper into the condition of the accused policeman, Sergeant King said that his appearance when l brought before him after o'clock | Sunday morning was that a man suf- fering from "a hangover" The ser geant said that as the policeman left the desk to go to the locker room, he | walked with a firm step that did not | indicate that he was in an unsteady condition. T would not honestly say he was drunk" Sergeant King said T.
 Commissioner Jackson asked the If in his opinion a man frank liquor in the afternoon, would here be traces of it on his breath he next morning, Sergeant King aid he thought there would be. In .nswer to a question by Chairman 0unn as to how Tierney talked when brought before him, Sergeant King aid the accused policeman spoke in m intelligent way. Commissioner Jackson asked the witness If the po- iceman would have been able to fin sh his nights work. The witness an- wered in the affirmative, but he aid that in smelling his breath there would no doubt have been remarks made by those who were subjected to he odor.
 Sergeant King said that he ordered he policeman to change his clothes md report the matter to Chief Hart it to be the best policy.
 Commissioner Parker said: Do you llways send men into the station when you detect the odor of liquor m their breaths?"
 "No, sir" answered Sergeant King.
 T guess not" was the sardonic re- ,ly of Commissioner Parker.
 Sergeant King said that it is very eldom that he finds any traces of iquor on the breaths of the men. "l lave had only one case. and the man n question is not a member of the department now" The sergeant said [ was possible that Tierney had had omething to drink before going on uty. The witness was asked if he lad ever had an occasion to bring 'ierney into the police station when e was suspected of being under the influence of liquor. The sergeant aid that he had on one occasion. but hat there were no grounds to press uch a charge. He said that there is omething deceiving in the eyes of 'ierney at all times.
 Policeman Tierney then asked the if he had not spoken to him t the time Ellinger brought him to he desk, about being under the in- uence of liquor Sergeant King said