Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-10-14
TRIAL OF CAPT. DONELSON
The Police Commission Sits as
the High Court.
THREE CHARGES PREFERRED
Full Synopsis of the Testimony Brought Out.
1t Is Interesting-Th Finding of
the Commission.

missioners last night was largely attend
ed, there being fully 100 people present.
The occasion of the unusual attendance
was because of the trial of Capt. J. B.
Donelson on three charges preferred by
Chief Mcdonald. Two of the charges
were for violating section 81 of the rules
and regulations governing the police de-
partment and the other for insubordina-
ton.
The audience was unusually quiet, and
listened with marked attention to the tes-
timony and argument of defendants at
torney.
The following members were present:
Chairman Stevens and Messrs. Garrett
Crawford Reynolds and Thornton.
The minutes of the previous meeting
were read and approved.
Owing to the presence of the unusually
large audience, Mr.. Crawford moved that
the proceedings be held in the council
chamber. Carried.
The clerk then read the charges pre-
ferred by Chief Mcdonald against Capt.
j. B. Donelson in three counts and against
Day Warden Donovan.
To the charges preferred against him
Captain Donelson pleaded not guilty.
r. j. Love- Esq, appeared for the de-
PENDANT, and stated that while not CON
templating taking advantage of any tech-
should have a copy of the charges pre-
ferred against him, and the same should
stipulate the charge or charges, IN order
that he might be the better prepared 10
defend himself. All the defense asked
was to have the charges plainly and
clearly stipulated.
Mr.. Crawford moved that the charges
be specified
Mr.. Garrett said that if Mr.. Donelson
did not know the charges the motion was
right and just.
Mr.: Lowe stated that the rules and reg
ulations required that copies OF the
charges be furnished al least two days
before the day set for trial.
Mr.. Crawford renewed the motion,
which, on being seconded, was caIIlea'
Chief Mcdonald stated that the hrst
charge was in reference to the Smith
matter. pertaining to certain horses.
Both sides announced ready, and the
city witnesses-Ofice Whaley, Desk Ser,
geant Rowlett and Chief McDonald-and
Mr.. F. S. White, for the defense, were
sworn.
Chief Mcdonald testified to receiving
telephone messages in reference TO Some
stock. Mr. Lane and man named Smith
from MississippS came to him IN relereice
TO some stock The chief then offered TO
tell what had been said by some one.
Mr. Lowe objected.
Mr.. REYNOLDS said the commission de-
sired to obtain facts, and did not thlhh
the strict legal rules should DE opserNeu.
Mr. Lowe insisted that was the only
means of obtaining evidence, and no
hearsay testimony Should be admissible
CHIEF Mcdonald was instructed to pro-
coed He then said that he was at GER
tain point when Mr. Smith met him ana
began discussing the matter and 1t was
suggested that the different STAPLES
came up and said it would be bad pro.
cedure. He told Captain Donelson that II
he knew anything in reference 10 tne
stock he should have 50 informed MN;
subsequently, Captain Donelson named
me in nv Office $50. which he SAID had
been given him by Mr. Smith for recover
ing the stock. / referred him to rule "a
and told him he had violated 1t ana
should not do so any more, lie sdla ne
did NOT think so, and said 1T was a Tree
country and if Thought the RUE i 1I.u
been violated / should so report TO inc
nolice commission, and did So
Mr. Lowe asked what date this oc-
curred. Chief Mcdonald said between
the 9Th and 9th of September.
On being questioned the chlel sa,u ne
nreferred the second charge about week
after he preferred the first. some tlns
he nreferred charges in writing soleiy ana
again talked to Chairman stevens peIore
so doing. Spoke to Chairman Stevens
about these charges and may have
snol1en to Mr.. Garrett Made all the
opnnlaints in writing at the same time.
C,hairrnan Stevens directed him TO prefer
tbe charges Did not remember now iohs
after his conversation with the chair nan
before he preferred the charges. 1oiu
Captain Donelson the rules shouiu f roe
he violated He said: This Is Tree
country. and if have violated the ruies
report me to the commission.
Mr. Hewlett stated that he heard the
conversation between the cher, Mr. LANE
ord AR. Smith 81 was sent TO nnu GU,
nd a
and said the stock had been found. he
than reneated the conversation between
chief Mcdonald and captain Dplei S
Tha chief asked where Captain PoheIs a,a
obtained the information ana ne sou
Centain White had given him the letter
a.ass.a mination-Understood cap
4,;n Donelson to say that Mr.. White gave
hi,o the letter, and not Mr. Whaley. w 90
.aid 20 make the charges the next oay
after the conversation ...,oa n lot
NJ xVhaIev said he had received a let
NJ 80, Mr.. white. written by man In
eTississinni in reference to some STOCK; II
s,as an q. sunday afternoon Mr.. Whlte
s.id II was a matter in which ne mlgnt
make some money. 81 told MIN couiun
leave my beat. but would turn the ,e''eI
over to either the CHIEF or captdin' -
oaya The letter to Captain Donelson. II
was three weeks ago last sunday
think" a .ho. bo ala mt
,ar,ember the day OF the hoh'ii,
seaned TO be later in the month. Got
latter from Mr.. Smith of West Point
Nil, which stated that he had informa-
ton that some stock on which be had
roorteage was located here and asked
hin, 70 have same looked up. i tele-
nbnned notice headquarters but ~ some
pnlrnown reason got no answer. ON sun
NAV evening met officer Whaley ana gave
hin, the letter He said he couldn't leave
his beat, but. seeing Captain Donaldson;
said he would give it to him, which said
would be all right. Captain Donelson
came to the office the next morning and
said ne had found the horses and told
how he had located same. | told MN
moi to mention the matter, and would
wire Mr.. Smith which did. expected
Mr. Smith on Monday. but he did not
come | went to Selma. While 1nere re-
ceived a telegram from Mr. Lane about
the stock returned Tuesday night ana
found Mr. Smith was here. He was Wof-
ried. fearing the stock would get away
because of the fact that the matter had
been made public The stock was recov-
cred. [ heard Mr.. Smith tell Captain
Donelson ne would pay him either $50 or
$50 for finding same. Specially requested
Captain Donelsen not to mention same