On august 18, 1916, it was reported that the editor of a weekly newspaper in Tucson accused Tucson's police chief of threatening his life. While we are no long reporting on news of 100 years ago, we wanted to report the outcome of that story.
From the Arizona Daily Star, Tuesday, August 29, 1916:
WHARTON’S CHARGES AGAINST CHIEF JAS. CULLEN FALL FLAT
Witnesses For Signal Editor Fail to Substantiate Allegations — Also Acquitted of Blame In Release of Nick Brown Verdict Cheered
That they believed that Chief of Police James Cullen had used a threatening remark, as charged, to F. J. Wharton, editor of the Tucson Signal, but that it had not been meant in the manner charged, and that it was not a sufficient cause for removal from office, was the verdict given by the city council yesterday evening after a lengthy hearing on the charges preferred by Wharton.
The second charge, that of discharging a prisoner with our permission from the city recorder, was dismissed on motion the City Attorney Dunseath, after former Day Jailer James Sullivan had given testimony that he himself had caused the release of the prisoner.
In announcing the result of the private consultation of the council on the first charge, Councilman O. C. Parker, who presided in place of Acting Mayor Bernard, stated to Chief Cullen that although the council believed that threatening language had been used, they did not believe that it had been intended as taken, but that they wished to reprimand the officer for his course and to request that he not repeat it. Chief Cullen did not make any response to the statement of Councilman Parker, but Attorney Edwin F. Jones, who represented Cullen, said:
“The council has a right to express its own opinion in the matter.”
QUESTIONS JURISDICTION
The beginning of the hearing was taken up with an extended debate between Attorney Jones and City Attorney Dunseath. Jones objected to the hearing on the ground that the charter provided that the council should hear the charges and that the mayor or acting mayor had no jurisdiction to participate in the trial. He claimed that the part of the mayor in the matter was finished when he had preferred the charges, and that he could not then sit in the trial. He insisted that Chief Cullen had not been properly notified and that the present tribunal as constituted, had no jurisdiction.
In reply to this, Mr. Dunseath insisted that the acting mayor, A. C. Bernard, had a dual role, that of mayor and that of councilman, and that he had a perfect right to vote as a councilman. He declared that Mr. Parker, as presiding officer had the same right.
Mr. Parker then ruled that the case proceed and was upheld by the council. Mr. Jones then entered a formal protest which was taken down by Stenographer Harry Nixon, who reported the proceedings.
Next Mr. Jones had read by Clerk Cowan the answer of Chief Cullen. He denied specifically that he had threatened it kill Wharton and that he had released Brown. He protested against being made to show cause why he should not be removed from office, claiming that the burden of proof was on the people making the charges. Mr. Jones then moved that all of the witnesses be sworn at once and that they then be excluded from the room and after this had been done F. J. Wharton, editor of the Tucson Signal, took the stand.
ADDS TO STATEMENT
His testimony regarding the statement made by Cullen to him at the Orndorff hotel was slightly different from the statement contained in the charges, as pointed out by Attorney Jones, on cross-examination. On the stand he stated that Cullen included the Citizen with the Signal. He stated that Cullen said he had only $300 saved up and that if the Citizen and Signal defeated in that he would kill Wharton. The witness stated that he smelled liquor on the breath of the chief, and that he had his hand in his left hip pocket.
There was considerable sparring between Dunseath and Jones over the admission of evidence as to the knowledge that Wharton might have had about the chief carrying a gun. Wharton was allowed to state finally that he presumed Cullen might have had a gun. He stated that Cullen was left-handed.
“VERBICIDE,” FOR INSTANCE
“There are a thousand ways to kill a fan besides shooting him,” Jones insisted. “You can talk him to death.”
Much laughter was caused when Wharton testified that when he asked Cullen why he did not do his duty, the latter said that he was hampered by Judge Cowan and City Attorney Dunseath, applying discreditable epithets to them.
“He didn’t smile when he said that,” Dunseath asked.
“No,” Wharton replied.
On cross-examination, Jones brought out that Cullen had included the Citizen and Wharton admitted that he had not quoted Cullen absolutely, but stated that he had mentioned this in his charge. He admitted that he had not mentioned the fact that Cullen had called Dunseath and Cowan named.
“You did that in the interests of morals, I suppose,” Jones said sarcastically.
HEARD NO THREATS
Mrs. Wharton was the next witness. She stated that she had only heard the end of the conversation and had not heard anything threatening. She stated that Cullen was angry and nervous, but she admitted that he had spoken politely to her. Jones moved to exclude her testimony on the ground that it did not sustain the charged, but it was allowed to stand.
John Kockler, a mining man, rooming at the Hotel Orndorff, testified next and declared that he had heard Cullen say to Wharton:
“If you take my bread and butter away from me, I’m going to kill you.”
He stated that he was inside the hotel near the register desk while Cullen and Wharton were just outside on the sidewalk, close to the wall.
“SAFETY FIRST,” KOCKLER
He said Cullen did not seem angry. He caused much laughter when he stated that he said to Chauffeur Warner, “I had better get out of the way, these gentlemen are going to fight.”
He stated that he went to his room and told Dr. Magruder, his roommate, about the trouble. On cross-examination he stated that he was more than ten feet away from the two men.
Attorney Jones called Chief Cullen to take the stand in his own defense. He declared that he had told Wharton not to print statements in his paper about him that were not true, but he absolutely denied that he had threatened the life of Wharton or that he had even mentioned Cowan or Dunseath.
He stated that he was more excited now than he had been that afternoon. He denied that he had made any statements in regard to his financial condition. He stated that they stood at the outside of the sidewalk and not against the hotel.
HEARD NO THREATS
Gus Johnson, the other witness for Cullen, stated that he had been in the hotel office, but had not heard the two men quarrel. He stated that the were standing at the outside of the walk and not against the hotel. He stated that he thought Kockler had left the room and was not in the hotel lobby at the time. After the testimony of Johnson, the case was submitted to the council and by a vote of three to one, Sullener voting “no,” it was agreed to deliberate privately, with the result that Cullen was found not guilty of the charges.
OTHER CHARGES FALL
The trial on the second charge, that of releasing Nick Brown from the city jail without permission of the mayor or city recorder, came to an abrupt end when former Day Jailer Sullivan testified that it was he himself that released the man.
City Attorney Dunseath tried to make sullivan admit that he had changed his evidence from before the police committee.
Sullivan had said then that he had left Cullen with the prisoner and now he stated that it was Duffy that he left Brown with, Dunseath said.
Jones objected strenuously. “You can not attack your own witness,” he declared repeatedly.
O. C. Parker sustained the objection. City Attorney Dunseath then moved to dismiss the charges, which was carried.
Councilman Hohusen rose and declared that he had heard Sullivan say that he left Cullen in the room. Jones then protested against Hohusen making such a statement as unjust to Cullen.
“He has a right to say anything that he pleases in the council,” Dunseath declared.
There was a large crowd present at the hearing and when Councilman Parker announced that all the charges had been dismissed there was loud applause. No other business was taken up and the meeting adjourned.
