Evening star., 1948-01-01
Board Studies
Plea 10 Drop 4
Murphy Counts
Mass Of LeeoI Cases
Presented by Defense
For Holiday Scrutiny

Presented by Defense
For Holiday Scrutiny
The three-man civilian trial board
which is to begin hearing "demorali-
zation" charges against Fire Chief
Clement Murphy next week is SPEND
ing the holiday studying mice
New Years package" handed 1t late
yesterday by Martin r. O'Donoghue,
defense attorney.
The "package"-so termed by At
torney Austin F. Garfield, trial board
chairman-consists of q mass of
legal cases cited by Mr.. O'Donoghue
in support Of his contention that
the board should disregard the first
four specifications in charges against
the fire chief, because they allege
incidents occurring before Chief
Murphy was named to head the
Fire Department.
There must be at least so cases
here" said the Mortified Mr.. Can
field as he adjourned yesterdays
pretrial hearing until next Monday.
II would like to have the next hear
ing Friday, but don't see how we
can possibly read all this by then.
80 You have handed us a rather
nice New Years package"
Murphy Pleads Not Guilty.
William p. McCracken, jr., and
Joseph A. Wilmer, the other mem
bers of the board, hastened to agree.
The hearing will be continued at
10 am. Monday.
In addition to hearing arguments
on Mr.. O,Donoghue's motion to dis
miss the four counts, the board yes
terday received a plea Of not guilty
from Chief Murphy to all specifica-
tions of the indictment. It also
turned down-without prejudice to
his right to introduce 1t again later
a motion by Attorney william J..
Rowan asking that he be permitted
to take part in the trial as friend
Of the court"
Mr.. Rowan is counsel to Fire Capt.
Joseph w. Conroy, whose statements
before congressional committee
last spring led to the charges against
the fire chief.
The Commissioners have indicated
that, If the Conroy charges are
proved, Chief Murphy will lose his
Job, but that otherwise Capt. Conroy
may lose his.
Mr.. Rowan drew snorts of disbelief
from Mr.. O'Donoghue as he argued
that he was not appearing as an in
terested party but only as an un-
biased citizen with something to
offer the court.
Bias by Rowan Claimed.
ut is the voice of Jacob" said
Mr.. o'Donoghue, but the hand OF
Esau."
Mr.. ODonoghue asserted Mr..
Rowan was biased and interested"
adding: '"This is no friendly inter-
vention."
Special Assistant Corporation
Council Daniel B. Maher, prosecu-
tor, added his objection to those
of Mr.. ODonoghue, pointing out
Mr.. Rowan's motion asked the
board to hear Mr.. Rowan before
settling on the charges on which
Chief Murphy is to be tried. Mr..
Maher said the Commissioners had
vested him with full authority to
draw up the charges.
ION behalf of the Commission
ers I specifically object to the entry
of Mr.. Rowan into the case," the
prosecutor added.
Consent Held Necessary.
In ruling against Mr.. Rowan the
chairman said the law requires
consent of both prosecution and de-
fense in an intervention such as
that proposed.
1.-THE board thinks this prosecu-
ton, which Is a matter Of public
concern, is in competent hands"
Mr.. Garfield added.
Arguing for dismissal of counts in
the indictment of Chief Murphy
which allege misdeeds before he
took Office as fire chief, Mr.. ODono-
ghue said:
"The law is universal that you
cannot ask a mans. removal from
one Office for acts allegedly COM
mitted in another Office"
The lawyer contended that, If it
is possible, once man has assumed
a public post, to dig up" his past
as a test Of his qualification, there
is no security in public office.
There's not one of us who doesn't
carry an eraser on his pencil" Mr..
ODonoghue said. 1--WE all have
made mistakes"
The only proper basis for judg-
ment as to mans fitness to hold
Office, Mr.. O,Donoghue contended,
is his record in that office.
Mr.. Maher, on the other hand,
declared that. ''if, at a time not too
remote, Chief Murphy engaged in
acts which prove his unfltness, these
facts should be considered" The
clear purpose of the statute, the
prosecutor said, Is 10 provide a
mechanism for "purging from public
service an oficial who is unfit for
Office"
Mr.. Maher conceded he had been
unable to find Federal cases sup
porting his view, but he said none
of the authorities cited by Mr..
ODonaghue applied directly to the
issue in the case. The board, he
said, must decide a serious question
of law on its own.
Mr.. O'Donoghue' motion will be
ruled upon on Monday. Then, after
a 24-hour recess, the tribunal will
consider on Tuesday the possibility
of the prosecution and defense
agreeing on certain facts which
otherwise might be the subject to
days of testimony.
Man Is Shot Three Times,