Evening star., 1947-08-13
Fire Chief Shifts
James backers;
Trial in Recess
But Murphy Asserts
Battalion Leaders,
Transfer Is Routine

rial board hearing suspension
charges against Capt. William v,
James was in recess today, after re-
'eiving testimony from three vet
sran officers that the captain used
good Judgment at the time Of an
explosion in the basement of No. Is
Engine House July II.
The hearing will be resumed at
10 am. tomorrow with the presenta-
ion of three additional defense
witnesses. Final arguments of at
sorneys are expected to be COM
oleted tomorrow Afternoon and
Board Chairman Irving Bryan said
the groups findings probably will
be forwarded to the District Com
nissioners within a week.
Meanwhile. District Fire Chief
Clement Murphy announced the
routine transfer" of Ave battalion
chiefs. Three of them were signers
of petition last year which charged
that the morale of the Fire Depart
ment was reaching new low under
the command of Chief Murphy.
Two of these three testified yes.
terday In the defense of Capt.
James.
The transfers sent John L. Wer.
helm from the 9Th to the 5th. dis
trict; Harold F. Harding, from the
7th to the Sd: Millard H. Sutton.
from the 9Th to the Sd; Joseph w.
Kay, from the 5th to the 9Th, and
Percy A. Davis, from the Sd to
the 9Th.
Retaliation Charged.
The transfers brought charges OF
retaliation from supporters of Capt.
James and those battalion chiefs
who have been at odds with the fire
chief since he took over the top de-
partment post more than a year
ago
Chief Murphy commented that
any such charges were unfair" and
not in the best interests of the de-
partment because he had discussed
the routine" transfers with each
of the chiefs before they were an
nounced.
None, he said, voiced any objec-
ton to the changes.
Chief Murphy explained the shifts
were part of rotation policy start
ed year ago. Under the plan bat
talon chiefs would be assigned to
different parts of the city from time
to time so they could get an over
all picture of the Districts fire.
fighting problems.
Have Downtown Experience.
Battalion Chiefs Werheim, Hard.
ing and Sutton. who are being
shifted from their downtown posts,
generally considered in the depart
ment as more desirable, have had
plenty of downtown experience,
Chief Murphy said. These three
were signers of the petition making
the charges against the fire chief
The other two battalion chiefs,
Kay and Davis, have never had ex-
perience in the downtown area.
Chief Murphy added.
Other vacancies in the depart
ment at present include two fire cap
tains, three lieutenants and three
sergeants, he said. These positions
will be filled from the list of eligi-
oles furnished by the Civil Service
Commission.
Other Transfers Ordered.
In addition to these transfers,
several others were ordered today
by the Commissioners on recon-
mendation of Chief Murphy.
They placed Battalion Chief Wer-
helm, who is being shifted from
the Sixth to the Fifth Battalion,
on the Fire and Police Retirement
Board to replace Battalion Chief
Roy B. Hanback,.
Battalion Chief Edward A. Sweeney
is replaced by Battalion Chief Har-
old F. Harding as first alternate
member of the board to serve in
Battalion Chief Werheims absence.
Battalion Chief Fred Literal is to
remain as second alternate.
Commissioners Amend Rules.
The Commissioners also amended
the rules at Chief Murphy's request
so tnat the fire marshal becomes
acting head of the department in
case the chief and his two deputies
are absent.
Chief Murphy told the Commits
sioners he recommended the changes
in the Retirement Board member
ship so his top officers could have
equal opportunity for experience on
the board.
Yesterday Deputy Battalion Chief
William c. Reese, Capt. Paul v.
Grisso and Battalion Chief Werheim,
each with more than 20 years de-
Ipartment experience, testified they
felt Capt. James used good judg-
,ment, that he was not guilty of the
charges of failure to exercise proper
Judgment and failure to take prop
Ter action to insure the lives of others
and unnecessarily jeopardizing the
lives of others. Each said that they
had known Capt James for many
years and that he was a man Of
good characted and judgment.
Fourth Witness Heard.
The fourth witness at the after
noon session, Battalion Chief Hard
ing, after first testifying that he
would have followed the same pro-
cedure as Capt. James on July II.
told the board on cross examination
that, if some facts about the size
and temperature OF the basement
were known to the captain at the
time he could be charged with using
bad judgment.
The four witnesses testified that
there never had been any depart
mental instructions on the cleaning
of boilers. .-.:..
Capt. James, 10, was suspended by
Chief Murphy following the ex-
plosion which resulted in injury
to four firemen.