The URL can be used to link to this page

Home My WebLink About09/27/1940 Special Mtg Board of Public Safety Minutes f� ' 110 ' I su��est that t�ie Boarcl ta?:e proper ac�ion in connection ti�i�n this char�e. � . �e��ectfull�, , (�i"ned) ti�'. Yi. In�ra�n, Chie� of �olice" b a i"i?.:T.:l �he Cler�: of the �oard is ordered to ir:�:�ediately issue notice� tc G�'iicers Ca.,1��be11, Zellers ancl `_T'liomas of ' the filin� o�' said char�es anci an opnortuni��r i'or l�ear�r.� t°aill b e Miven ti�em on Se�ter��ber 27�h at � :�0 �.i::. in �he � oifice of the Board at the Ci�;,� r�ll. 'ine Cler?; of t�ie Board is also directed to issue ' any supnoenas in t?�e narle ci the Boa.rd, ti•�hich rmay be ' necessary for t�e purpose of 'sec�.zr�.�n.�~ ,�,i�nes�es to testif� on behalf of the cor:�plainants , or t��e def. endunts, at said nearin;?. . i�e�� b ein�^ no �'urtre r k�us�nes s to come b e�ore tne Board, it �a�:s unani�ousl;� a�reed tliat t��e Loarci should adjourn ur_til 1:30 P.i,i. hr�_da�-, Senterlber 27th, 1��0. C'_�ai rrian ATT�S�i�: � - � �. C 1 e rk A special. .ad3ourned meeting of the Board of Safety y�as held at 1:30 P. T,:. Friday, Septem'�er 27, 1940, in the office of the Chief of Police. At 1:30, George rara�e appeared and filed certain motions on behalf of his client, Arthur P;�. Campbell, which motions �vere overruled in part, vTith the statement that the Board t�rould hear all �vitnesses present and ti�ould �ive i�;ir. Camp�ell time to call any �litnesses he i^rished to call, upon �x�hich I;ir. Farage called T,Ir. Campbell by tele- phone and P,Ir. Ca�pbell appeared on the scene at 2:15 P. r,`f.,�%�-�� - conferred y�ith I.Ir. Fara�e. P+Ir. Fara�e then withdre�v his appearance. P�Ir. Carlpbell ti�v�s informed that they vJOUld pro- � eeed i^rith the hearing �gainst hir,i and evidence vras produced. r�r. Samuel Schulr.�.an and I;Tr. Harry Taylor, Attorneys represented �Tr. Floyd Zellers and i�Ir. Priurray Thomas. , Pdr. �Zax Buntman appeared as attorney for �Zrs. Britton ; � and J. E. Ettel for r�Trs. Dick. ! The �vitnesses �aere sworn in. Ps2iss Britton, 332 '��f. ' Jefferson Blvd., South Bend., age 33 was called to testify, ', and refused to answer certain questions asked her concerning charges a�ainst Officer Campbell. P��rs . !"Jilma Dick, 1532 �"J. Dunham St. , Sauth Bend, age 25 � � was called to testif�. _ � �N. K. In�ram �ave testimony in behalf of the charges against Arthur Campbell. A subpoena yras ordered to be served on Grace Britton on behalf of Oificers Floyd Zellers and I��Iurray Thomas. Saturc�a�, ��'t�'em�er s2��1g40 d, to be reopened at 9 :00 A. I�:�. � . , INSERT ��A�' Attorneys Schulman and Taylor then filed for and on behalf of r��urray Thomas and Floyd Zellers, a denial of chaxges against them, and a motion to strike from �he charges the ti�rords «and did othertivise conduct themselves in a manner unbecoming officersrr Attorneys S�hulman and Taylor �hen filed verified motions for c�ntinufznce . T'�ze motion •�o strike out "�.nd did o�hert�ise conduct themselves" in a r�anrier unbecomin� officers�t �vas denied. The verifiec� motions for continuance yrere granted in accordance titiith the laz��uage thereof. 111 � The meetin� i�as continusd at 9 :50 A. R2. Sa�urday, September 28, 1940. �I Miss Grace Britton tivas recalled as a ti�itness against Officer Campbell, � and upon her refusal to anstiver questions, they tirrere certified to Hon. Dan Pyle, Judge of the St. Joseph C�rcuit Court. The hearind against Officer Campbell to be continued in the chambers of Jud�e Pyle, in the Court House at 10:15 A. 12. � � I The meeting of the Board of Public �titorks and Safety tivas transferred i to the Circuit Court of St . Joseph County, Indiana and by agreement of counsel, the records of the court reporte�, as 'to the questiona asked, ��rhich ansv�ers were refused by the vJitness, should be deemed a certified copy of these records. Counsel for r,iiss Britton gave consent to this statement, The Judge of the Circuit Court havin� heard the proceedings brought before him, at irhich time he ordered ��Zrs. Britton to ans��rer certain questions, �Jithdrevr fro� the room and the meeting of the Board of Public ;Jorl�s and Safety continued in the Circuit Court Jur� roorl of the Court � House of St. Joseph Count�. At the conclusion of r�Tiss Britton�s testi- mony, Officer Car.zpbell tendered his resignation. i The follo�ain� is a cop� of tne resignation handed in by Officer C ampb ell. �'I am tending my resignation to tne Board of Public Safety, � � effective to date, to accept other employment. " ' (Si�ned) Arthur I.7. Campbell. P,ir. Beaner read the resignation to the other members of the Board, asking the Board what action they wished to take, and it ��as moved, seconded and unanimously carried that the resignation of Arthur P�i. Ca�p- i bell be aecepted. The meeting ad3ournad until 9 ;00 A. RS. Tuesday, October 1, 1940 i in the City Ha11. . ' It ��ras moved that the clothing given Chief Ingram by �,Iiss Britton be returne3 to, Priiss Britton. This �ras done and r:Tiss Britton signed a ' receipt for same. The meetin� of the Board of Works and Safety ti�ras continued in the � office of the Chief of Police �n Tuesday, Qctober 1, 194U a� 9 :20 A.P�7. Testimony was given b9 �:qiss Britton, cros3 exaraination by fti4r. Harry Taylor. . Officer Zellers gave testirnony, crass exaniination by Trir. Satn Schulman. Officer Pq�ur.ray Thomas gave testimon�, eross examination b� T�. Harr;� Tayl�r. I�r2rs. h�'ilma Dick gave testimony, cross erarninatici� by i,Ir. Sam Schul- r-�an. The meeting V�as adjourned until 9 :00 A. rS. uVed.nesday, Qctober 2, � 1940. � � I�Zeeting of the Board reconvened at 9 :30 A. Tvt. y�ednesday, �ctober 2, � 1940� at �rhich time Chief 1�'J. �. Ingram t�ras called to give testimony concerning the conduct of Of�icer Zellers and Thom�s. i Al1 the evidence having been concluded, the �oard retired to de- �i liberate and upon their return, read the follo�ring findings and deci- , � sion. : rrCharges having been filed before the Board, char�ing Officers i Arthur Caripbell, Flogd Zellers and I,iurray �iomas tivith conduct unbecoming 'I officers and after evidence i�ras heard against Officer Campbell, he ' tendered his resignation to the 3oaru. and hearing �ras continued as to ; Officers Zellers and Tho�as, and the evidence having been concluded and � the Board having been duly advised concerning the conduct of Officers Zellers an� T'aomas, novr finds that both Officers Zellers and Thomas i i are marrie3 men with children, Thomas havin� become a father on Sept- � , ember 13, 1940, that on Septeriber ll, 1940, E�fficer Zellers riade arrange- � � ments vaith P�Zrs. 'd":ilma Dick, a riarried �ro�an, to take her to Chica�o �'i : I � -�— - - - - -- - --- -- --- --- - --- ---- - -- - ------- 1 �. 1�2 . on Saturday, September 14, 1940 r�nd for �fficer Thor.mas to accompany them; that on the evening of September 14, I940, afficers Zellers and Thomas met t:4rs. Dick- on P�iain St. , in South� Bend and then drove to '��lil.liam and Jefferson Sts. , where they met �ffic�rs Arthur �;I. Campbell, a married man tivith a family and T�Irs . �race Buehler, (nee Britton), v�ho was tivith Officer Car,lpbell; that the five above men�ion- ed then drove to Chicago, that there they stopped on 95th Street �nd had a drink of intoxicating liquor in a tavern, that they then drove to 35th S�reet and Cottage Grove Ave. , in the� City of Chicago, to a place �iozvn as "Stiveeny�s Tavern", vJhere they had more drinks of in- toxica�ing liquor, that they trere there for several hours and durin� their stay there, an altercation took place during zvhich afficer . Campbell struck I�irs. Grace Buehler (nee Britton) several times�, that he lcnocl�ed out ono or more teeth, cut her lip and blacked both eyes, th�t thereafter O�i'icer Carnpbell and Tr�rs . Buehler left in afficer Car,-�pbell t s car, that then 0fficers �ellers and Thomas and �Irs. Dick and another couple vrhom they met in Chicago, visited several,-night clubs where they all drank intoxicating liquor, that the officers v�ere in the company of l:irs. Dick un�il about 3:00 •A. t�7. on Septem�er 15, , 1940, at tivhich time the3� took her �o the home of the couple that �ras ' v�ith them ��here she sta;�ed all night, that the next mo.rnin� they � '� called for I�irs. Dick and c�ere with her until about 3:00�. t: �ti. at tivnich ' time afficer �ur.ray Thomas left and took a train home, that the� I Officer Zellers and P�Trs. Dick drove to Chicago Heights i7ith some other ; . people and after stopping there at a tavern, then returned to South Bend. That C��fficer Zellers was called before the Chief to explain his pa.rt- icipation in the Chicago episode and to explain nis trip to Chicago, that he failed to report to the Chief the facts concerning the trip, particularl� the facts concerning the beating of �Irs. Buehler by C3fficer Cat:ipbell and tha� Clfficer Thomas stated upori an interviev� �^rith the Chief that he knetv nothing about the beating of Irirs. Buehler; _ tivhereas, the Board is of the opinion he kney� all about said beating and so finds that Officer Thomas has heretofore been suspended by the n Board for breach of discipline at which time he vlas informed by the Board that a.n� further breach of discipline or violation of rules �vould result in his dismissal. That �fficers r�Iurray Thomas and Floyd Zellers by their conduct have violated rules numbered 4, 12, 13 and 14 heretofore adopted by this Board for the regulation of the Police De- partment. Upon the above findings, it is notv moved by rsTr. Driggs, ' seconded by r�Sr. f�'Villiams and unanimously carried that Officers r�Iurray Thomas and Floyd Zellers be dismissed from the Police Department of the City of South Bend, Indiana. The meeting of the Board then ad�ourned at 1 0 A. P;I. , Qctober 2, 1940. • . . E° : Chairman. � C . ' � ' I - � ,I �