Evening star., 1948-01-20
Murphy Takes
Witness Stand,
Defends Record
Trial Board Drops
Charge Of DisorderIy
Conduct at Inn
By NewboId Moves, Jr.

uSSdil teSGllyllg CIlS afternoon
in his own behalf against charges
that he is unfit to head his de-
partment, and Immediately be-
gan a recital of his record and
achievements as a fireman.
Just before Chief Murphy was
sworn in as the first defense witness
in the eight-day -old "demoraliza-
ton hearing. the three-man civilian
Trial Board announced unanimous
decision granting a defense motion
to dismiss of the 10 counts of Spe-
cial Assistant Corporation Counsil
Daniel B. Maher's indictment.
The specification which the panel
decided to consider no further,
alleged that the fire chief was dis
orderly on September 13, 1946, at
the Joy Inn, SOC H street NV.
Board chairman Austin F. Garfield
said no evidence had been produced
to support the charge.
Addresses Attorney as Marty"
Chief Murphy's voice was loud and
strained as he took the oath and
settled himself in the witness chair
before the three men who are to
decide whether he should continue
as head of the Fire Department.
Apparently nervous at first, he later
relaxed to the point where, under
examination, he addressed his attor-
ney, Martin F. ODonoghue, as
Marty"
Before the trial board recessed
for lunch at 1890 pm. Chief Muir
ply specifically denied the first
charge on the prosecution's indict-
ment-that he used rough language
to Battalion Chief Cthen CaptD
Gilbert A. Cole at Engine House No.
II. July Is, 1946. He said he was
not in the engine house that day,
and did not see Capt. Cole.
Mr.. O'Donoghue announced he
intended to present Chief Murphy
as his first witness in connection
with each of the charges of the
indictment This means the chief
will return to the stand at least
eight times before the trial Is An
ished.
Mr. Maher, the prosecutor, OBJ
jected to Chief Murphys being al
lowed to dwell on his record in the
department. prior to his appoint-
ment as chief on March l, 1946. He
said the indictment charges the fire
chief with unfltness and ineficiency
in nine particular respects, and that
Chief Murphy's record has nothing
to do with the case.
Gives Date and Addresses.
The board, however. allowed the
witness to testify to the fact that, in
his rise to the position of chief dur
ing 26 years service In the depart
ment, he never stood lower than
second In competitive civil service
examinations on which the promo
tions were based.
Describing his movements in the
department from one post to an
other. the fire chief gave dates and
addresses in rapid order without
referring to notes.
He told of being assigned to the
Fire Department drill school In
1882, when he was captain and of
compiling a drill manual for the
men to replace a "miscellaneous"
collection of orders and instruc-
tions on which the training previ-
ously had been based.
Mr.. Maher again objected. Il
don't think there should be inflicted
on this board a history Of Chief
Murphy's problems before he was
appointed chief" the prosecutor
said.
Mr.. O'Donoghue said he was at
tempting to lay foundation for Q
defense of Chief Mufphy's "rota-
tion system" of personnel transfers.
A charge that the establishment Of
this system has demoralized the de-
partment has been described by
Chairman Garfield as the "crux"
of the case against the chief.
Plans "Tour" of Drill Schools.
The defense attorney said he in
tended to show the transfers did not
interfere with Fire Department OPP
erations, since the men already were
trained in all phases of those oper-
ations at the drill school, He said
he intended to take the board on
Cooks tour" of the drill school
and the Fire Department to prove
his point.
Mr.. ODonoghue. told reporters,
wnen the prosecution rested late
yesterday, that he thought it would
take about three days to tell the
chiefs side of the story. He will
present between 20 and 80 wit
nesses, he added.
Mr.. Maher had no sooner an
nounced his case was closed yester-
day than Mr.. ODonoghue was on
his feet attacking the evidence pre-
sented in support of the Joy Inn
charge. He argued that Mr.. Maher
had had to declare himself "sur-
prised" by the testimony Of three
witnesses appearing in support Of
the charge, and had been forced
then to "impeach" his own wit
nesses.
| Mr.. Maher admitted the testi-
mony of George Moy, proprietor OF
the Joy Inn. and Of other witnesses
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