Evening star., 1947-11-20
Murphy Trial Is Held
To |ncumbencyP Period
Up 10 Time Of Charges
By kewboId koyes, Jr.

hear charges that Fire Chief
Clement Murphy has demoral-
lied his department should limit
itself to considering the record
between the time he was ap-
pointed to head the department
and the time the charges were
made, the Commissioner or
dered today.
The decision apparently repre-
sented first-round victory for Chief
Murphy and his attorney, Martin F.
O'Donoghue.
It followed closely a resolution by
the Firemen's Association charging
that Chief Murphy had been exert
ing pressure in lining up support Of
fire captains and asking that the
hearing We broadened to include the
conduct and fitness of the depart
met head.
Conroy Touched of Case.
The Fire Department controversy
began uast June when Capt. Joseph
w. Conroy told a House District sub.
committee that since he had been
made chief, Mr. Murphy had "con.
tributed nothing but demoraliZa.
ton" to the department. Capt. Con.
roy is president of the Firemens
Association.
Mr.. O'Donoghue complained to the
Commissioners last month that in
investigating this charge, the corpo-
ration counsel's Office had gone far
afield both in point of time and Of
substance.
In their official order setting up
the trial board of three laymen,
issued today, the Commissioners
named Austin F. Garfield, former
president Of the District Bar Asso-
citation, as chairman of the board.
Other board members are Joseph A.
Wilmer and William P. McCrack-
en-, jr.
Standard Rules to Apply.
The city heads directed the trio
to receive testimony according to
its best judgment" They suggested,
at the same time, that the board
follow the procedures practiced be-
fore the Police Trial Board"
This means, in general, that the
standard rules of evidence will ap-
ply in the hearing of charges against
Chief Murphy.
With the case thus limited to the
substance of the specific charges
against the Fire Department head,
it is believed that much of the ma
terial contained in the corporation
Counsels 10-page report on its in
vestigation will not be introduced
in the hearings.
Exactly what formal charges will
be placed against Chief Murphy by
the Corporation Counsel when the
case comes to trial has not yet been
determined.
Daniel B. Maher, special assist
ant corporation counsel in chargs
of the case, now Is working on prep
aration of those charges.
II Vote Accusation.
Seventeen members of the Fire
mems Associations Board OF Di-
rectors voted for a resolution &C
cusing Chief Murphy of seeking
the support of subordinates in his
defense.
Convened by telephone Tuesday
evening to act on the resolution, the
association directors charged that
Chief Murphy has:
/. Caused fire captains to be
questioned as to whether he has
demoralized the department and
asked those answering in the mega
tive to sign a petition to that ef-
feet.
2. Asked the captains supporting
him to seek signatures OF their
subordinates on similar petition.
3. Requested the drill master to
question students on one-year pro-
baton along the same lines in an
effort to obtain their signatures.
4. Issued a general order to all di-
vision heads, battalion chiefs and
captains to submit written report
stating whether any evidence Of in
deficiency or generalization has
been reported to him chief since
March /, 1s46, the date Chief Muir
ply was appointed.
Stating that there was "a strong
element of possible intimidation"
involved, the directors protested
ANY such further action on the
part of Chief Murphy while he con-
tinues to actively administer his
official position"
700 Members Claimed.
The Firemen's Association, local
lof the International Association OF
Firefghters (AFL), claims TOO OF
the 900 members of the Fire Depart
ment.
In June, after Capt. Conroy de-
nounced Chief Murphy at House
District Subcommittee hearing, the
membership went on record as
backing up their president and Civ
ing him authority to proceed with
his charges.