Omaha daily bee., 1896-10-16
SCORES HAZE AND GODOLA
Second Chapter in the Council Bluffs
Motor Railway Holdup.
CITY ATTORNEY REBUXsS THE POLICE
ConnciI Says Officers Pny More Attcn'
tion To NindtcntinR Thcms"lNcS
THAN They DO to Protcct-
Ing the Public.

The police department. and especially
Captain Ht6o and Ofnccr GoGola, were
severely r,bukcd by City Attorney Conuell
yesterday morning in police court case
which grew out Of the alleged attempt TO rob
Conductor Hughey Of tho Council Bluits
motor line near Ninth and Douglas streets
at O'Clock last Sunday night
At the corner mentioned Conductor
nughcy believed that he felt hand thrust
into his pocket and alleges that IL was one
OF three men who were on the platform at
the time, who attempted the robbery a
scuillc arose, which continued until Twelfth
nnd Douglas streets was reached, when
Officer Godola was sighted. He was called
60 for assistance, and then the alleged rob.
Der flew, with the officer after him, and
made his escape.
Tarec restaurant waters. Joe Mcclure,
Willie Gratc and Roy Roth wore found
and acknowledged that they were the
parties VINO had the trouble with the con-
uuctor They were confronted by Conductor
Iiugncy and Motorman Smith, who were In
charge OF the train. Tho testimony Ot the
five persons was taken and the invcstiga-
tion ended. The reasons were disclosed by
City Attorney COnncll by a question and an
ings trial.
''Did you believe that the conductor struck
one OF these walters without an attempt at
robbery" was asked by the city attorney.
81 will tell you" responded Captain Haze.
THE three waters said that they did not
attempt n robbery There were three wit
nesses against one. | was and am inclined
to believe the three"
did you attempt to look up their
records?" was the next question.
Captain Haze responded 20 the effect that
30 far as he knew they had no records TO
be investigated As a matter Of fact no
further investigation was made. AS con
sequence the three walters and the
conductor and motorman were all arres ed
on the charge OF disturbing the peace by
lighting.
IDENTIFIED by HUGHEY.
Conductor Hughey positively identified
Crate as the man whose hand had been
found In his pocket lie also identified
Roth and Mcclure. Mcclure did not ap-
pear to have had any part in the row
MotOrman Smith was positive IN the identl-
hcation OF tho three men and also gave the
same testimony as lIushcy regarding the
part he bad in the AFFAIR. a. u. Paris a
passenger ON the train. testified TO the pro
fame language used by the three waters
Crate. Roth and Mcclure told practlcall,
the same story on the stand. They testified
that they were talking together on the plat
form. Roth having inquired for reason
why the wind was felt more strongly on q
moving than on n standing ear. Before
Crate could answer Conductor Hughtey came
out and with an epithet struck him in the
face Then the scutlie ensued In which they
made 1t appear that they were the injured
persons They denied the use OF profane
language.
Captain Haze was also on the stand. Be
sides giving the reasons for disbellevinl
the conductor he said further that II ap
poared unreasonable that an attempt should
be made to commit a robbery on promnen
street when the crime might have beer
committed on the lonely bottoms. Tn,
weight OF this reasoning was considerably
shaken by the testimony or the mOtOrman
the conductor himself and the passenger
Paris. All swore that Conductor Hughey
crossed the bottoms on the front platform
Of the front car with the motorman. IL,
was careful. because within the last two
weeks a number OF conductors had beer
robbed.
at seems TO me that in this prosecution
the police cared more to vindcate them
selvcs than to protect the public" said At
torncy Connell, In his argument. appearing
for the motorman and the conductor. Their
conduct is entirely unjustihable. But fol-
the article In The Bee the prosecution woult
never have been started as regards thes,
two men, But instead of attempting t
convict man who by his flight, showed
his guilt, Captain Haze tried to vindicat,
the criticism on the police and an office
by causing the arrest OF two men who ar,
earning their livelihood by honest labor
II Is an outrage"
In passing upon the case Judge Gordon
intimated that he did not believe tn,
wind" story told by the three walters
III the story was broken down he concluded
that there was no other probable cause fo
the row except that mentioned by the con
ductor. because he said that 1t was absurd
to think that the conductor struck Graf,
without provocation.
The court discharged Smith and Uughey
the motorman and conductor. He also dis
charged Mcclure, as the evidence did no
connect aim with the affair. Crate wai
fined $25 and costs, and Roth $40 and costs