Evening star., 1948-01-04
MurphyCoun:se|
Expects Trial
To End Speedily
Tomorrow's Hearing
To Dispose Of Motions
Offered in Advance

Once the trial board hearing of
decentralization" charges against
Fire Chief Clement Murphy gets
under way, it probably will be COM
pleted in five or six days, Martin
F. O'Donoghue, defense attorney,
predicted last night.
Mr.. O'Donoghue said Special AS
sistant Corporation Counsel Daniel
B. Maher, prosecutor, agreed with
his prediction of speedy end to
the controversy which was touched
off last June by Capt. Joseph w.
Conroy's remarks before congress
sional committee. Mr.. Maher was
not available for comment last night.
Tomorrows hearing, set for 10
am. in the Police Trial Board Room
at the Municipal Center Building,
will be the trial boards second
sessioe. Like the first, which took
place last Wednesday, it will be a
hearing to dispose of motions placed
before the board in advance Of the
trial itself.
Dismissal of Four Counts Asked.
The board is expected tomorrow
to hand down its decision on a mo-
ton by Mr.. O'Donoghue to strike
out the first four counts in the
charges against the Fire Department
head. The motion is based on the
fact that these specifications deal
with Chief Murphy's behavior be-
fore he took over the department.
After announcing its decision on
this motion, the board is expected
to order a recess until 10 am. Tues
day. It then will proceed to study
with the two attorneys the posi-
bility of shortening the trial by
stipulation of evidence A stipula-
ton can be effected when both sides
indicate willingness to accept, as
fact material which otherwise would
have to be the subject of prolonged
testimony.
1t is on this latter endeavor that
the chance of a speedy trial appears
to depend. Mr. O'Donoghue said he
conferred Friday with Mr.. Maher
and believed it would be possible to
stipulate that, as the charges con-
tend, Chief Murphy ordered numer-
Gus transfers of personnel in the
Fire Department..
H.. I'm effect" he said, eve will ad-
NIT that the transfers took place
and assume the burden of explain
ing why tiley took place"
Rou~h Speaking Charged.
Mr.. Maher said at Wednesdays
hearing that unless a stipulation
could be reached on the subject Of
the transfers, days might be wasted
in the Introduction of documentary
evidence.
While Mr.. O'Donoghue was not
specific on. the subject, there appear
ed to be a possibility that the de-
fense might agree to other stipula-
tions of a less technical nature
Seven of the 13 charges against
Chief Murphy, for instance, involve
incidents in which he is alleged to
have spoken roughly to his subor-
dinates.
IL Is considered likely that Chief
Murphy may indicate his willing
ness to stipulate to the truth of
certain of these charges.
Austin F. Garfield, chairman of
the special three-man civilian panel
which is to weigh charges against
the chief, said last night he ilopea
the formal trial may begin as soon
as the stipulation question is dis
posed Of.
Mr.. Maher is understood to fee !
however, that he will need a day
or two to get subpoenas to wit
nesses. The likelihood is. therefore,
that work on the stipulation will
be completed Tuesday, and the
formal trial will begin Thursday or
Friday
Mr.. Garfield said the board has
agreed to sit Saturday, and there
after on six-day week until the
trial is finished. The board plans
to hold sessions each day from 10
am. to approximately S pm, with
on hour for 1,,,,oI,