Evening star., 1948-01-17
Recess Called
In Murphy Trial
Monday
Battalion Chief
Refuses to Say
Efficiency Affected
BY NewboId Noyes, Jr.

By NewboId Noyes, Jr.
Trial board proceedings against
Fire Chief Clement Murphy, in re-
cess over the week end, will be
resumed at 10 am. Monday with
Battalion Chief Christopher D.
Barthelmes on the witness stand.
The three-man civilian trial board
hearing charges against the chief,
anxious to complete its job as soon
as possible, originally had intended
to sit today. but changed its mind
during yesterdays session. The de-
cision drew one of the trials few
smiles from Special Assistant Cor
poration Counsel Daniel B. Maher,
prosecutor In the case.
MIR. Maher was whiting with IA
tigue at the end of the hearings
fifth day. It had been a bad day
for him. The climax came when
Chief Barthelmes, scheduled as one
of seven battalion chiefs testifying
to an alleged deterioration Of de-
partment efficiency as a result of
Chief Murphy's policies, surprised
the court at the end of the after
noon by refusing to say the efficiency
had been affected.
Fails on Another Tack.
After studying an affidavit made
earlier by Chief Bathelmes for the
corporation counsel's Office, Mr..
Maher tried another tack. He asked
the witness whether he had ever
heard his men discuss an incident
in which Chief Murphy is said in
the formal charges to have used
rough language to Pvt. William E.
Love on September IA, 1916.
No-said the witness firmly-he
had not. Mr.. Maher flung his pencil
on the counsel table in a gesture of
apparent disgust, and Board Chair
man Austin F. Garfield suggested
everybody's nerves were frayed and
that perhaps it would be best to
recess to Monday. Nobody dissented
Chief Barthelmes was one of four
Fire Department officers appearing
as witnesses yesterday afternoon
when Battalion Chief H. F. Harding
finally was dismissed from the pro-
ceedings after two and a half days
on the stand. All Fire Department
witnesses appear under a guarantee
of immunity against reprisal.
Literal Feared Reprisal.
Fred Literal, chief of the 1st
Battalion, told the board his month
ly reports to Chief Murphy. indi-
eating satisfactory efficiency and
morale in his command, had been
false. He would not have signed
these reports, he indicated, had he
not feared reprisals from Chief
Murphy if he reported on the true
situation.
The true situation. he said, was
that Morale and efficiency had been
lowered because of Chief Murpllys
rotation system of personnel
transfers and because the men were
talking about incidents alleged
in the present charges against the
fire chief. Mr.. Literal could not,
however, cite specific instances OF
ineficiency or of poor morale.
"Why were you afraid of reprisals
If you reported to Chief Murphy
truthfully?" asked William P. Nc
Cracken, jr., a member of the board.
There was an undercurrent Of
feeling in the department that you
were being watched all the time
and that if you got of the line
little you would be-well. you would
suffer in some way, say be trans
ferred or something" Chief Literal
answered. ..s
Protested Some Transfers.
The witness said he had protested
some of the personnel transfers pro-
posed under the rotation system"
submitting written memoranda to
the chief through channels.
But of course" he added, lit
never mattered.'
Mr.. McCracken asked If submit
ting these protests to the chief had
resulted in reprisals against him.
WELL" said Chief Literal, none
except that the transfers went
through over my protest"
Mr.. McCracken said what he
wanted to know. was how a man of
Chief fitterals caliber could be
rendered so timid." He had lot
of respect for the courage of fire.
men, Mr. McCracken said, and was
puzzled on this point.
Says Chief Feared.
"There's a feeling-and I just
can't explain the -feeling-in the
Fire Department that Chief Murphy
is the type of man who will take
reprisals on man for incurring his
disfavor," the witness explained.
"He wants to be in a position toI
domineer the men and make them
fear him, and to certain extent he
has done that"
But you yourself suffered no re-
prisals from Chief Murphy?" Mr..
McCracken asked. The witness said
he had not-"other than couple
of Rawlings out"
But you're not so thin skinned
that you can't take a bawling out,
are you?" Mr.. McCracken persisted.
when the bawling out is unnec-
essary, yes" Chief Literal answered.
Two other witnesses who testified
to the effect of the rotation sys-
tenn" on men in their command were
Battalion Chief Joseph P. Suit OF
the 5th Battalion and Capt. Charles
Caller of Engine Company No. IL.