New Britain herald., 1926-06-08
SPARKS FLY OFTEN
 AT HAYES HEARING
(Continued from First Page)

Alleged acts of insubor1ination were then set out.
 When the charges were read. Chairman Pajewski asked Hayes if he wished to make a statement His attorney replied with a plea of mot guilty"
 Well this report doesn't sound as If he was innocent" Chairman Pa jewsh remarked to the lawyer.
 McDonough suggested that wit ncsses be produced, reminding the board that it was not necessary for the accused to prove himself inno- cent, but for the accuser to make out his case.
 Commissioners Rodman W. Cham berlain and Michael J. Bannan fav- ored calling in the witnesses and opening the hearing. and word was sent for Sergeant Rival.
 Before the sergeant took the stand, pr. David P. Waskowitz, a defense witness. was allowed to tes- tify. He said he had treated Hayes since 1924 for nervous disorders One of the symptoms is suffering and stammering while under a mental strain. On May 20 he treat ed Hayes when the policeman was unable to sleep. In reply to ques- ton put by Commissioner Bannan, the doctor said he was not of the belief that Hayes condition would impair his work as a policeman.
 Rival Tells of Altercation
 Sergeant Rival next recited in de- tail the story of d police station all tercation or May 16, out of which the charges against Hayes arose. He said Hayes came in about 7:30 o'clock with a man who he charged in three counts of motor vehicle law breach. He later came back and said he wished to charge the man also with having no horn and no emergency brake. The sergeant told Hayes there were already three charges, 8 sufficient number to hold the man until the next day and Hayes insisted the two additional charges made only four. When Rival declined to make the entry, Hayes is alleged to. have said to him:
 Sergeant Rival, you're supposed 10 put those charges on the slate as I give them to you"
 The superior officer at this point told Hayes 10 keep quiet, but he continued loud and insistcnt that the charges go down. After a few mo- ments. Hayes started out Of the sta ton and the sergeant called him back.
 When. after once refusing to do so Hayes finally entered the cap tains office at the invitation of Ser geant Rival, the following conver- sation took place, the sergeant told the commissioners:
 Joe, you've been drinking"
 No, I haven't"
 Yes you have. Joe, I can smell it off you"
 "Wen, I had one glass of wine. Anyway you have nothing on me, and Two got it on you. You were out on Vine street at o'clock the other morning and I saw you"
 "Shut up. or I'll lock you up."
 Commissioner Chamberlain asked if the man under charges was pres ont and heard the discussion.
 Tine sergeant replied that he was.
 Commissioner Baunan inquired as 10 the procedure of placing charges, asking if it is discretionary with the prosecuting attorney to accept or refuse any charge preferred. Ser geant Rival replied affirmatively.
 MCDonough Examines Rival
 Opening his cross examination, McDonough asked Rival if he had ordered Hayes to put the car owned by the accused man in the municipal garage on the night of the melee. Rival replied that he asked Police man Michael Brophy to do so, but cid not ask Hayes.
 A lengthy cross-eNamination fol- lowed in which il was brought out that Prosecuting Attorney Joseph G. Woods had words with Hayes after Woods came out fatly against pre- ferrinC the two additional charges.
 Sergeant Rival was next asked if he takes orders from the prosecuting attorney and on motion of Commits sloner Chamberlain this line of