Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-10-14

given me by Mr. Whaley on the 18th. He
told me that Mr.. White said the man was
reliable and did not want the matter
known. l got the information learning
that the stock had been sold a second
time. Did not see Chief Mcdonald and
went to Mr.. White and told him about
the matter. Did not see the chief as |
reeollect, for three or four days. Found
that the man had arrived and meeting
Chief Mcdonald told him was sorry the
telephones had been used. Went to Pratt
City and found and recovered four of the
horses. Chief Mcdonald came TO me a
day or two after the 14th. He told me he
had conversation with Chairman Stew
ems and that l had violated rule 81 1
told him / did not think so and asked
what he proposed to do. He said he
wanted me to promise not to do so any
more. 1 made the promise. Was in
formed some days after that l was sus-
pended. Have been on the force thirteen
years"
roes-sxamination: "Did not make the
statement alleged to have been made at
the time l gave him the $50. lie told me
that he wanted me to promise that [
would not do so any more. Did not see
Chief Mcdonald on Sunday evening nor
Monday morning. Could have communi-
Gated with Chief Mcdonald by phone.
Sometimes two or three days elapse ere
L see Chief Mcdonald. Am positive | did
not see the chief on that Sunday or Mon
day. Had no purpose in concealing the
matter from Chief Mcdonald"
Captain Weir was sworn and said the
chief very nearly every night met him at
o'clock. Sometimes he leaves word that
he is sick or otherwise engaged.
Mr.. Rowlett said he sees the chief every
day from about IL to II o'clock.
Chief Mcdonald said he had preferred
a similar charge against Officer Arm
strong.
This ended the first charge against the
defendant.
The second charge-violating rule 81
was also entered into. J. ]. Ferry, War
den Donovan and officer Armstrong were
sworn also Chief Mcdonald
The latter said on Tuesday, September
20, he was going down Nineteenth street,
and met Captain Doneson and officer
Armstrong walking up the street with a
man between them. Thought he was I'M
der arrest. Passed and spoke Returned
to the station house and the three were
there.
Captain Donelson and talked. Asked
who the man was he had arrested. Said
1t was a man wanted in Tennessee for
robhing postoffice. Asked him where
he got the information. He said it did not
come through the department. Asked
him why he did not tell me about it. Said
he did not see me. l told him he saw me
at headquarters and could have told me.
He said he did not want to tell me, and
asked why I did not tell him about the
man wanted in Atlanta. 1 told him l was
chief, and was not subservient to him.
He asked me to teleg raph to the United
States authorities. I told him I would
and did So. He told me if he had violated
the rules to report him.
Cross examined: MET the officers with
the prisoner. Go to the prison whenever
l feel like doing SO. There is register
for placing thereon all cases"
Mr. Ferry: Il furnished Captain Don
elson on September 20 the information
q q n uron in Tapnaecan
rohbing postotfice. He was in the court
room. Asked me where could meet him.
He and Officer Armstrong met me be-
tween 10 and II o'clock. Had to wait in
police court. He said he was busy. Made
the appointment for 1 O'Clock. The man
lived about one-quarter of a mile from
where was at work. All this occurred
the same day The house Is at Hospital
station, on the Powderly and Bessemer
line, about one-half mile. south of the old
hospital At Alice furnace / called in "a
man to give additional informa ton. He
was the man who gave me the informa-
ton l impaired TO Captain Donelson."
Captain Donelson: Il was In the court
room attending court. Was very busy.
Mr. Ferry came to me and said, I think
I know where there is man wanted In
Tennessee for robbing a postoffice.' Told
him l was very busy. and asked him to
name a time to meet him. I went to the
headquarters. Met the chief. He said he
Wdnltu men sent 10 "a iiltelluB. dIltuu-
ed to this. Came down stairs and met
Officer Armstrong and asked him If he
wanted to go with me. He said yes.
Wanted to see officer Culpepper in refer
ence to a murder case, and walked with
Officer Armstrong up toward his house.
1t was about 1890. We got on n car and
went to Alice furnace. Met Mr. Ferry,
got the information, went for and secured
the man and he acknowledged the whole
thing. Brought him to the city. At the
prison the chief came in. l asked him not
to talk to the man, as he had made par
tial confession, and thought he would
finally tell all. Chief asked me where 1
got my information. Told him I got very
little in the court room, but not sufficient
for use. The chief and had some words
as to the information. We were both
mad. He asked why 1 did not give him
such Information. / asked him why he
did not give me information in order that
l might help him. He said he was chief
and sergeant. He sand had violated
rule "a. I told him did not think So He
said he was going to report me to the
commission. ] come at in the morning
and meet Captain Weir. At $3.50 in the
morning I take charge of the court. My
dinner hour ts from II to Ills p. M"
Chief Mcdonald here said: II never
disputed Captain DonelSon's word in my
life. Did not get angry on that day l
saw Chairman Stevens that afternoon,
and preferred charges against him soon
afterward. preferred III the charges tnaC
afternoon Chairman Stevens did not di-
rectly instruct me to prefer the charges.
/ reported the matter to Chairman Ste
vens, and he said he would suspend him
right away. He was relieved from duty
on my oral statement to the chairman
and before I had prepa AIRED the charges
This was on the 29th. I reported at the
same time both charges
This testimony disposed of the second
charge.
The third charge-insubordinat
was next brought up. The charge grew
out of the conversation referred to in the
arrest of the man from Tennessee and
the previous arrest.
Mr. Lowe asked that the charges be
specified in writing The request was
granted.
Following is copy of the charge:
The Charges.
Specifications of charges against Ser
geant Donelson for INSTRUMENTATION:
on the 29th of September, 1896, said
Donelson, in reply to inquiry of chief of
police as to why he said Donelsom had
not communicated certain information
which had been impaired to him concern