Show WT GEF SUSPENDED Action of Members of Police Committee HILTON AGAIN ON THE STAND 1 The Recommendation of the Commifc tee Based on Error as to Powers of the Mayor and Council in the Matter Mat-ter Right to Remove Vested in Them but Not the Authority to Suspend jVTothers of Children May Bring Damage Suits Tho Hearing in Detail The Council Police and Prison committee com-mittee met yesterday at 230j p in to continue the Investigation begun the evening before of he physical examination exami-nation of Ptal Kcslor Clara Carney and Hattle Dahl by Dr King under the direction of tile city police There were preterit Jlialiiman Iottrcll Coun cllmen HHiioRStoin Thomas Fern strom and Hewleit constItuting the committee also Councilman Reid After concluding the inking of evidence evi-dence and discussing tho merits of the case It was decided by a vote of all the members except Chairman Cot troll to recommend to the Council that Chief Hilton be suspended from olllce pending a complete Investigation The matter was not presented to the Council last evening at its special session ses-sion but will be brought before the regular session next Tuesday evening After the action of the committee an examination of the law on the tuibject disclosed that while the law gives the Chief power to suspend policemen time Mayor and Council cannot suspend the Chief the only way of dealing with him being that of removal Chairman Cot troll at the opening of the meeting asked for an expression as to whether the reporters should be excluded Thomas and Hurtcnsteln favored fa-vored admitting them Thomas slating I that the feeling of ho I public over the matter was such that no starcham bee work would bo tolerated Fern strom agreed with them and added that the reporters always gave longer reports of meetings when excluded than when they weiv present reporters reporters re-porters were allowed to remain CHIEF AGAIN TESTIFIED The Investigation then proceeded with Chief Hilton as witness In reply to Mr Fernstrom Hilton said that such examinations had been held before be-fore and gue as Instances two cases where Drs Beer and Root had examined exam-ined two girls the result being that two men Manning and BIythe were sent to the penitentiary for rape nnd that the same means had been cm ployed not long ago at the county Jail where to girls were found to be diseased dis-eased and were Jn consequence sent to the reform school Lewd women were often examined not at the instigation in-stigation of the police but he understood under-stood that the doctors did so Chief Hilton also raised the question of the responsibility of MeKenney who had written the letter to the press giving publicity to the examination One object of the examination was to get evidence against McKcnncy who was a bad man ho said and deserved to bo convicted The police were thoroughly convinced that the girls were not virtuous but they were mistaken as to their being diseased In reply to Fernslrom Hilton Hil-ton said they based their claims of the unchastlty of the girls on their actions In nruking dates with men and in going to mens rooms PURPOSE OF EXAMINATION In reply to a question also from Fern stronr Hilton said that there was no authority of law for the examination but that peace officers did many acts to detect crime that were not mentioned men-tioned In the statutes AS an Instance he mentioned the custom of putting criminals through rigid examinations In order to obtain confessions from them He did not know whether these girls were threatened In order to obtiiln the examination or not What had been done was done with good Intentions Inten-tions to try to save the girls and to punish crime The police had looked after the girls ns would a father or a brother They thought they were doing a hum a no net but wo all make mistakes mis-takes some times If the action of the police in this matter was an error It was committed with good intentions Edward Ponrose of the News said that ho had nskml the arnry and the Kcsnler girls If they had bon threatened threat-ened The Carney girl they said had protested they were not threatened except that they were asked whether they would rather be examined or go to the reform school Fernstrom here claimed that it was wrong under these conditions for any one to claim that the girls were willing to be examined or that the examinations were not submitted to under threats HARTENSTEIN INDIGNANT Mr Hnrlensteln hero said that lie proposed to withdraw from further work of the committee In the matter because he considered the committee was without authority and for the further fur-ther reason that the Investigation had put little girls not on trial on the defensive de-fensive Later however he decided to remain with the committee Thomas Inquired by what authority and for what reason the committee had bwn called together To which Chairman Chair-man Cottrell said that he had done soon so-on his own responsibility nn a duty and that lie knew of no reason why an Informal meeting should bo hold Femstrom said that he favored the object of the meeting and was not present Thursday night for the reason that he had not been notified He thought It not only the right but the duty of the committee to make a re1 port that It was not a lime for whitewashing white-washing that anyone who attempted that act would get the worst of II that there was neither law nor Justice In such acts and that the police olllro nbould not be used uithor for friendship friend-ship or revenge ACTION WAS DEMANDED Hewlett said that the changes had been found to be true and that it was the duty of the committee to so report Hartonsteln added that an injustice had been done and it did not matter whether the Injured wer of high or low degree that justice was due them and that action on the part of the committee com-mittee was demanded for the good name of the city in the eyes of the world and for the protection heroaftsr of the wives and daughters In its homes He thought the head of the department should be held responsible sinri therefore moved that Mr Hilton be suspended pending further Investigation Investi-gation by the proper authorities Chairman Cottroll here stated that he was surprised at the results He had come he said to get facts and not bias All the evidence that led up to the socwllet1 outrage had been excluded exclud-ed and not one scintilla of evidence in favor of the police hud been allowed When pertinent questions had bdu asked they were objected to or With drawn when their Intention was to bring out the extenuating circumstances circum-stances and It seemed that the intention inten-tion was to convict the police of the city without evidence Ho thought tIme rirounmaiicos wer aueh that the olu crrs should br exoneratod The tavn y girl b soldwas one of tho uet din erous characters that walked the Ptrncta and he could bring evidence to show that she not only visited low places but had tried to extort money from reputable citizens If the department depart-ment was establishing a precedent It would be different but It was only following fol-lowing precedent The girls he said wore not subjctotl to humiliation but were afterward glad of It Fernstrom followed saying ho did not question HIltons Intent but he was wrong A man that enforces law he said should keep It If things were I allowed to KO on it would wind up lIke the course of Spain In the Inquisition In torturing suspects until even the lnnocenl admitted guilt lie could not see that tho cass cited by tho Chief were at all similar to the ono In question ques-tion He had boon a friend of Mr Hilton Hil-ton for three years and had no fooling fool-ing against him but he Fernstrom could not shoulder this responsibility Mr Hewlett WUH sorry that the matter mat-ter had occurred as he knew Mr Hilton Hil-ton to ba an honorable man But It vail a serloui mistake and If allowed to go by unnoticed no ones daughter would be safe Mr Thomas resented the statements of the chairman as to the unfairness of the proceedings and favored the motion iimotlomiVOTED VOTED FOR SUSPENSION The motion was then put and supported sup-ported byrthl th > > members except the chairman Following is the language of the rc commondatlon to the Council This committee believes that the action ac-tion of the police department under the supervision of the Chief of Police was not proper and It Is not approved bj this I committee and it Is recommended recom-mended that the Council suspend the Chief of Police from office for such period pe-riod of time as may bo necessary for proper and complete Investigation Irs Kcsslers Indignation Mia Kessler the mother of Pearl Kessler ono of the little girls examIned exam-Ined at the police station called at The Tribune ofhYe last evening to express ex-press her Indignation because of the statements made by Chief Hilton on the witness stand concerning her daughter She also exhibited a statement state-ment from Dr King as follows This Is to certify that I have never said thai Pearl Kessler was not virtuous Statement of Dr Beatty Dr Beatty referring to the charge that under former administrations girls had been subjected to humiliating examinations ex-aminations similar to those which the police department caused three girls to submit to a few days ago says that no such examlnalons were made under such circumstances while he was City Health Commissioner May Bring Damage Suits The parents of the three girls who were caused to submit to a physical examination by the police a few day ago are contemplating entering suit for damages against Chief of Police Hilton and others who participated In the proceedings or who are responsible 1 for it Emphatic Denial by Dr Dolby Editor Tribune At the investigation investiga-tion hold yesterday afternoon by the Pollee and Fire committee of the City Council brought about by an order of the Chief of Police to examine Pearl Kessler Halt Dahl and Clara Carney as to their moral and physical status the Chief of Police Is quoted as saying probably In an effort to establish a precedent that I had made similar examinations I simply wish to emphatically deny this statement and to say that 1 am not aware of a similar case here or elsvIiere Cases of alleged assault I have at the request of parents examined But never have been connected directly nor indirectly in an examination similar simi-lar to that which now confronts the public WM T DALBY |