Evening star., 1947-12-02
Firenlen Protest
Murphy Access
To Trial Data
Release of Affidovits
Is Highly Irregular,
Commissioners Told

against GQe HdIlQllIlS u t1AC I'LL
pending trial board hearing Of Fire
Chief Clement Murphy on charges
of demoralizing the department.
william j. Rowan, attorney for the
anti-Murphy group, demanded un-
limited scope for the inquiry and
charged that Chief Murphy had
been furnished complete results OF
the corporation counseps investiga-
ton Of the charges against him.
Martin ODonoghue, attorney for
Chief Murphy. admitted he was IN
possession of 600 pages Of afidavits
compiled by the three investigators
for Corporation Counsel Vernon E.
West, as well as Mr.. Vests report
to the Commissioners.
Rowan Asks Copies.
Daniel B. Maher, new special as
sistant to the corporation counsel,
said Chief Murphy, as defendant,
had 4 right to the documents.
Mr.. Rowan, In a three-page letter
to the Commissioners, asked that
he be furnished with copies OF the
statements and affidavits he said
were given to Chief Murphy. He
requested also q copy Of tran
script Of "extemporaneous words"
of Capt. Joseph w. Conroy, main
opponent Of Chief Murphy within
the Fire Department, when Capt.
Conroy appeared before the Com
missioners last July.
The attorney protested against
the Commissioners action limiting
the scope of the inquiry of the Muir
ply Trial Board to the Is months
following Chief Murphy's appoint
ment March l, 1916.
Hopes for Broader Inquiry.
Mr.. Rowan said 1ne hoped the
Commissioners would "see fit, on
further mature consideration, to
broaden the scope of the inquiry so
that all relevant and material facts
pertinent to the issue may be fully
considered"
Meanwhile, the three citizens
named to the board which will hear
the charges are expected to be
sworn in tomorrow. They are Will
liam P. MacCracken and Austin F.
Garfield, attorneys, and Joseph A.
Wilmer, merchant and attorney.
No date has been announced for
the opening of the hearing.
Mr.. Rowan represents the Fire
mems Association, Local 36, OF the
International Association of Fire
fighters, which he said elected. Capt.
Conroy as spokesman for 80 per cent
of the Fire Department personnel.
Letter to Commissioners.
In his letter to the Commissioners
today he declared:
LAS you and we both know, there
are a number of afddavits and state
ments dealing with alleged incidents
occurring within reasonable time
before Chief Murphy's appointment
and since July l, 1947. which, If true
would be of the highest degree OF
relevancy and materiality on the
issue of Chief Murphy's competence
and fitness.
obviously, If anything material
and relevant on his fitness and COM
petance is withheld from the trial
by virtue of the time limitation, the
public interest and welfare Will
suffer.
1T is a further fact, that If any
such alleged incidents before his
appointment or after July 1, 1947
have not been adequately verified
that you have the facilities readily
available for their verification, and
no such incidents should be arol-
trarily excluded from the hearing
until you have caused their truth OF
falsity to be reasonably determined.
Incidents Before Taking ONCE.
Mr., Rowan declared the Conroy
charges included alleged actions
both before and after Chief Murphy
took ONCE and were not limited to
the specific question Of morale
within the Fire Department.
Not only did Capt. Conroy ane
II other oficers charge that morale
was low, due to Chief Murphy''
policies and actions, Mr.. Rowan
said. but Capt. Conroy also men
toned a number Of incidents II
which ne charged that Chief Muir
ply was involved before his ap
pointment as chief.
The corporation counsel made
6o0-page report to the Commission
ers. and it expressed the opinion
that Capt. Conroy's charges hav'
been fully substantiated," MI
Rowan charged -. -..
Procedure Called Irregular.
eve have been advised that yo'
have delivered or caused to be de
liyered to Chief Murphy or hi
counsed lMr. ODonoghue), IN ad
vance Of the trial, the complet
statements and af1idavits OF tn
persons through whom the corpora
tion counsel's office made Its In
vestigation." the Rowan letter de
cIared.
Such a procedure, in my opinion
is highly irregular and contrary t.
sound judicial policy and procedure
and could easily result In making
lest of the trial and its results
foregone conclusion.
IF YOU have done so, then I like
wise respectfully request that we b
supplied with a similar copy"