New Britain Herald Newspaper, August 29, 1922, Page 2

50c TUBE SQUIBB'S TOOTH PASTE ‘With a purchase of a 50c Tooth Brush DOLLAR VALUE FOR 50c, The Dickinson Drug Co. 169-171 MAIN ST. ‘Our Showing of Hats by Knox ,The most widely known maker of fashionable hats in Ameri- ca is ready. The new models and shades are distinctly dif- ferent and attractive. Hartford Agents, Sole “It Pays to Buy Our Kind” ‘We will be closed on Wednesday Afternoons Until further notice. City ltems Smith Business School opens Sept. bth.—advt. Alex Ahlberg et ux sold through | the Camp Real Estate Co. a two fam- | ily house on Sunrise avenue to Po- liceman Charles Anderson, and a| three family house on the same street, through the Camp Real Estate (,a,‘ to Policeman James Sullivan The auxiliary of the Spanish War Veterans of this city will hold its | regular outing tomorrow when the| members will journey to Saybrook for the day. The members will leave | from the Armory on Arch promptly at 9 o'clock tomorrow | morning. In case of rain the outing will be held the next day. The republican primaries to elect delegates to the state convention, and to the congressional, probate and county conventions, wili be held this evening from 4 to 8 o'clock in the headquarters in the Booth Block “Wake up your skin! 2 PALACE Starting Next Sunday RUDOLPH VALENTINO Gloria Swanson in “BEYOND THE ROCKS” Galbralm & Pattison | Carpenters, Builders and General Contractors ‘Estimates Cheerfully Given— Jobbing Promptly Attended to. Tel. 092-3 {spoke to the street | NEW BRITAIN DAILY HERALD, TUESDAY, AUGUST 29, POLICEMAN TIERNEY ABSOLVED ON CHARGES PREFERRED BY SERGEANT Brother Patrolmen Teetlfy That Accused Was Not| as Charged. Patrolman Thomas Tierney, who| was suspended from the police force by Chief Willlam C. Hart on Sunday morning after charges of being under the Influe of liquor while on duty, had been preferred by Sergeant George Ellinger, was last night found not guilty of the mon as presented, taken at a special police commission, Chairman David L. Commissioners Thomas win A. Parker and Lange in attendance. The complainant in the case and Sergeant John J. King, who was on duty at the desk on Sunday morning, when the accused policeman brought to the station by the street sergeant, and Patrol Driver Michael Brophy were the only witnesses to substantiate the charges. On the other hand, Patrolman Tierney an array of brother members in the department who testified as to his condition as they saw it both before and after the occurrence. Two civil- fans, John J. Kiniry and Ferd L. Mc- The action was meeting of the presided over by Dunn, and with F. Jackson, Willlam F. accused officer. when the final at. After a number of lesser matters had been disposed of by the board, the case of Patrolman Tierney was called. On entering the room, the accused policeman was apprised of his rights of having three days in which to take up the charges before proceeding with a plea. The accused policeman announced that he had a large number of wit- nesses ¢a hand and that he was ready to proceed with the hearing. Clerk Joseph McGrail read the charges as presented by Sergeant Ellinger, and the police of the suspension by Chief Hart. Policeman Tierney pleaded not guilty to the charge, Sergeant Ellinger Testifies. Sergeant Ellinger was the first wit- ness. He said that about 3 o'clock Sunday morning he met Policeman Tierney and Policeman Delbert Veley at Booth's corner on Main street. When Tierney stood there awhile he noticed that he was under the in- fluence of liquor, although the ser- Zeant sald the policeman had very little to say. A short time later, Tier- ney said he was going down to the South church corner to put in his ring. After he had left, the sergeant said he remarked to Policeman Veley, “Tierney's drinking again, and I won- der if he thinks he is getting away with anything?” | The sergeant said that he then (walked down the street and on reach {ing the signal box, he found no trace of the policeman. He retraced his steps and walking up Main street a {short distance he came across the policeman. The sergeant said that he policeman about drink- ing, telling him that he was going to take him to the station. The police- man at first demurred about accom- panying his superior officer, but later he went along to headquarters. After he had been brought before Sergeant |King, who was doing desk duty at the time, the latter ordered him to don civilian clothes. The witness said that Sergeant King also advised Tierney to take the \mmvor up with Chief Hart in the ‘mnrnlng when he was in a condition to do so Commissioner Parker asked |sergeant if Tierney staggered, to |which the witness answered in the |negative. He said that Tlerney's eyes and breath betrayed his alleged condi- tion. Commissioner Lange questioned |the sergeant in regard to whether or not the policeman was able to do his duty. Sergeant Ellinger sald that | Tierney was doing his duty as far as hA could see, but to a question by | Commissioner Jackson, the sergeant said that in his opinion the police- |man was in such a condition to war- |rant the action he had taken | The witness said that previous to |his turning Tierney in at the station house, he last saw him at 12:40 |o'clock, and at the time he had a 3s\r»npy look in his eyes. He would not say however, that he had been drink- |ing before that time. Chairman Dunn then asked the sergeant his method of checking up the times he met the various policemen during the ‘nigh' The chairman also asked the (sergeant if, In his opinion, Tierney |was in a condition to make an arrest |had the occasion presented itselt | Sergeant Ellinger sald, “He might {make a mess of it.” | Commissioner Parker then asked Ellinger if he would bring in a man |for showing signs of liquor, to which the witness gaid ‘no,” but Tierney's |cas was different. The sergeant then |went into generalities somewhat, re- |ferring to a previous infraction of the rules by Tierney. It was the claim of 8ergeant Ellinger at this juncture, that he did not bring Tierney in to persecute him He said that in his opinion, Tierney's condition was such at the tme, that (had other people noticed it, they |would have gossiped about it, and this Iwould have brought upon him some unfavorable criticism. | Commissioner Jackson asked the |sergeant if, in his opinion, the ac- cused policeman had taken liquor be- [tween the hours of 12:40 and 3:05 |o'clock, and the sergeant said it was |The sergeant told the board that at |the time Tierney went on duty at ? nrlnrk on Saturday night, he ap- |peared to be in a sober condition H'nmm!:tlfln" Parker asked {if at the |place the sant first noticed the policeman’s alleged condition, it was not dark. The sergeant answered that the light is very good at this particu- lar spot, and that he was not mis- It was just midnight decision was arrived the ser Commencing Sunday Night charges on the testi-| Enroe also spoke in the defense of the| Under Influence of L]quor,wum sald that Tierney to all Was:the only one that was off, was the one {Ellinger was in progress. had | !ing, and the latter admitted that he |had had a drink on Saturday. \changing his clothes, Tierney left the Mk-n in his deductions. Commission- Jackson asked the sergeant If a Iman had taken a drink before going nu duty, would he not have smelled n Aduring the inspection. The se ap- wearance was all right at that time “You would not arrest him if he was a civillan would you?" askeaq Commissioner Jackson. “No, I brought |bim in because I considered him uy- fit for police duty,'" was the reply. Policeman Tierney then asked the sergeant, “Do you mean to say that I was unfit for duty?” “Yes I do," an- swered Ellinger. At this time it appeared as though the accused officer and his accuser might engage in a verbal argument, but the affair was quickly termin- ated by Chairman Dunn. Tierney then asked Ellinger If be was in a condi- tion that made him unfit to make an arrest, to which the sergeant sald he was. Chief Hart showed the nightly report of the signal boxes, which showed that Tierney had put in all his calls on Saturday night and Sun- day morning at the proper times, and about the time that the affair with Sergeant King Next. Sergeant King was the next wit- He said he was on duty Ellinger ness called. at the desk when Sergeant and Policeman Tlerney came to the station. At the desk, Ellinger ex- plained that he had brought Tierney in for being under the influence of liquor. After hearing the charges, King said he advised the policeman to go to his locker, change his clothes, and report the affair to Chief Hart in the morning. The sergeant said he asked Tierney if he had been drink- After station, according to Sergeant King, returning about 5 o'clock. He left to return again at about 7 o'clock. He did not see him after the latter hour.|» Chairman Dunn asked the witness to use the exact language that was spoken when Tierney was ordered to change his clothes, asking if the ser- geant had not advised Tierney to see the chief after he had sobered up. King said he did not make this state- ment. The witness sald he ecould detect the odor of liquor from the breath of Tierney. He said it was about the same as that of men who are arrest- ed on a charge of intoxication. The sergeant said that prior to Tierney being brought to the station, he saw him in the patrolmen’s room playing checkers. He appeared all right at that time. In answer to a query by Commissioner Jackson as to the con- dition of Tierney, Sergeant King said that he appeared to be fit for duty. Delving deeper into the condition of the accused policeman, Sergeant King said that his appearance when trought before him after 3 o'clock Bunday morning was that a man suf- fering from ‘‘a hangover.” The ser- geant said that as the policeman Jeft the desk to go to the locker room, he walked with a firm step that did not indicate that he was in an unsteady condition. “I would not honestly say he was drunk,” Sergeant King sald Commissioner Jackson asked the sergeant if in his opinion a man drank liquor in the afternoon, would there be traces of it on his breath the next morning. Sergeant King | sald he thought there would be. In answer to a question by Chairman Dunn, as to how Tierney talked when brought before him, Sergeant KXing said the accused policeman spoke in an intelligent way. Commissioner Jackson asked the witness if the po- liceman would have been able to fin- ish his night's work. The witness an- swered in the affirmative, but he said that in smelling his breath there would no doubt have heen remarks| made by those who were subjected to | the odor. Sergeant King said that he ordered the policeman to change his clothes, | and report the matter to Chief Hart, | telieving it to be the best policy. | Commissioner Parker said: “Do you | always send men into the station| when you detect the odor of ]Ia\mr‘ on their breaths?" “No, sir,” answered Sergeant King. | “I guess not,”” was the sardonic re- ply of Commissioner Parker. Sergeant King said that it is very seldom that he finds any traces of llquor on the breaths of the men. “1| have had only one case, and the man | in question is not a member of the department now.” The sergeant said | it was possible that Tierney had had | something to drink before going on | duty. The witness was asked i{f he had ever had an occasion to bring Tierney !nto the police station when he was suspected of being under the influence of liquor. The sergeant said that he had on one occasion, but| that there were no grounds to press such a charge. He said that there is| something deceiving in the eyes of Tierney at all times. | Policeman Tierney then asked the sergeant if he had not spoken to him at the time Ellinger brought him to the desk, about being under the in- fluence of llquor. Sergeant King sald STOMACH GAS CAUSED BAD FAINTING SPELLS *T was bothered & lob with indi- gestion, dyspepsia, and a bloated feeling brought on by excess gas | Fainting spells would attack me suddenly, and I was (n dire distrese. I tried Jaques’ Little Wonder Cap- sules and quickly had decided re- lef.”—Walter . Furmin, Richfield | Springs, N. Y. Gas in the stomach brings on dizziness and fainting | spells. In acute or chronic indi- | gestion it often stops the heart ac- tion. Jaques’ Little Wonder Cap- sules break up the dangerous gas and give prompt relief. On sale at The Dickinson Drug Co., New Britain, Conn., or 60 cents by mail post- paid from Jaques Capsule Co., Plattsburg, N.Y. he replied, that are preferred against you." ness called in the cused policeman. that in company with John J. Kiniry, he met Tierney in front of Quigley's real estate office on Main street, at ahout 2 The standing on the sidewalk peared to be in O. witness sald that hoth he and Kiniry spoke to the policeman, and Kiniry jokingly remarked about cated man that had just passed across the Main street railroad crossing. answer to a question by one of the commissioners, was very close {o Tierney, and he saw nothing wrong with his condition. times, tion, policeman that he had been assaulted by the drunken man mentioned ahove. The policeman “Oh, he will be all right.” sioner Lange asked Tierney showed any signs under the influence of liquor. “You hear the charges Brophy Went Out. Michael Brophy, janitor at the po- lice station at night, was the last wit- ness summoned slde, was brought Tierney as soon as he heard the ing Iirophy would was drunk, because he did not appear | in that condition to him sure whether Tierney had had a drink or two, but sald the accused man walked in a straight manner to- ward the locker room was asked why when such serious charges were be- Ing preferred against a The witness said that he did not con- slder it was any of his business, and that he did not want to be “sticking his nose” in other people's Brophy denfed that he because he did not want to testify in the case, for the complaining Policeman Brophy sald that he in the office when Ellinger in, but that he left charges be- policeman that Tierney made against the not say He was not police- The witness he left the station, policeman. affairs. left the room Commissioner Jackson asked Bro- phy about Tierney's general appear-| ance, Tierney was unfit for Aduty, although he did look a trifle pale. was close enough to the accused po- liceman to smell of liquor, bhut The witness would not say that The witness be able to dectect the did not, he said. The Other Side of It. Fred L. MeEnroe was the first wit- defense of the ac- Mr. McEnroe said o'clock policeman Sunday that morning. time was and ap- K. condition. The at an intoxi- Mr. McEnroe said he John J. Kiniry, a public accountant, followed Mr. McEnroe on the witness stand. on two occasions on Sunday morning, at about midnight and again at about He said that he saw Tierney a. m, He spoke to Tierney both During the second conversa- the witness jokingly told the smilingly remarked, Commis- witness if of being the Kiniry Says No. “It was the farthest thing from my | mind at the time, Tlerney had had swered Mr. went further to state that had Tier- ney been drinking, he would have de- tected the odor, close to him. asked Mr. was all right, and the witness said he was O. K., in his opinion. N A Y AR A I T TS e that Policeman any liquor,” an- Kiniry. The witness as he stood very Commissioner Parker Kiniry if the policeman The wit- In|no question in his mind as |attitude, 1022, Cigarette It's toasted. This one extra process gives a rare and delighttul quality —Iimpossible to duplicate. ness wag asked if he saw the police- man moving about at any time on Sunday morning. Mr. Kiniry said that when he first saw the policeman, he was heading north on Main street, in a lelsurely manner, apparently keeping an eye on some men in the 1aflroad arcade who were making a slight noise. The witness sald that the air of the policeman was such as to indicate his sobriety at the time. Mr. Kiniry, replying to a question by Chairman Dunn, said that there was to the ability of the policeman to properly do his police duties at the time he saw him. Kennedy's Version. Policeman John Kennedy said he saw Tierney at 345 o'clock Sunday morning, and that he saw nothing wrong with him. The witness had no conversation with Tierney, and was not close enough to him to smell any odor of liquor. The witness said that after Tierney had asked him If he was under the influence of liquor, first telling him of the episode with Ellinger, the witness said that the cnly unusual thing about Tierney's was his excited appearance. Stands by Tierney. Policeman Veley testified that at 2:10 o'clock Sunday morning he met Tierney at Booth's corner, and that he appeared to be in a sober con- dition. Tierney, the witness said, came along while he and Policeman Michael Massey were conversing. At this time Policeman Massey left and went down Church street on his rounds. According to Policeman Veley, he was accompanied to his (Continued on Following Page). 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