The age-herald., 1897-10-07
POLICE MUST STAND BACK And the Whispering Gallery
 Must Go. JUDGE FEAGIN'S NEW RULE Police to Ask Questions Only at the Request of the Judge-FuI Report of lmpor-
 tant Sunday Arrest Trial.

portant days in the history of the police court, for one case. as detailed below, drew from Judge Feagin an expression of opinion upon the rubber boot and whispering gallery business.
 The case was that of F. P. O'Brien, who is a. saloon keeper and was arrested Sunday for keeping open doors. Judge Feagin took the case under advisemeut and yesterday discharged the defendant.
 The evidence of the two policemen who made the arrest and five or six witnesses showed that the barkeeper had been in his bedroom opening into the saloon, and that he had three or four visitors or cus- toners at the counter in his barroom drinleing beer when the police entered The policemen swore that they saw no money pass and each of the other wit nesses who drank the beer swore that the barkeeper gave them the beer and that neitnsr of them paid anything for the beer, nor was 1t charged to them.
 The barkeeper O'Brien swore, when put on the stand in his own behalf. that his bed room was immediately in the rear Of the bar and was connected with it by a door, and that his friends came into his bed room by side door; that he had an electric fan in the barroom which he left running, and to get the comfort of the draught from the fan he left open the door of his bed room connecting with the saloon. That he took four or five friends who had called into the barroom and had given them the beer when the police entered. That he had treated in that way probably twenty or thirty persons who had call ed to see him during the day. That he had not sold single drink of beer or anything else to anyone during the day. That all the beer drank in his bar on Sunday was given away.
 The court ruled on the evidence that it was not keeping open store and do- ing business as contemplated by the sale could have been proved the court stated defendant might have been ccn- victed under the city ordinance.
 This is the uniform construction of Judges Sharpe and Greene on the Sun day ordinance of the city code. The city code is broader and covers more offenses than the state code.
 Judge Feagin, in passing on the case, stated that if the city authorities wished to reach such case as the one tried they would have to pass a more rigid Sunday law.
 Sailoonkeeper Duncan was discharged on the same statement.
 Chief of Police Mcdonald incidental to the case asked the judge what the police should do in the future in making Sun day arrests. The judge told him that it would be uselsss to make such arrests dn the future.
 The chief wanted to know how the police could know when sale had been made. The judge instructed him that that was a matter of evidence, and that if the circumstances warranted the belief uffdt d Sdl6 WdS IldOt l1lcy COulu dIIGSl the parties and summon the witnesses to court.
 The chief of police wanted to know if the police wene debarred from asking g. Tyhe judge answered:
 ''I will always propound all questions to witnesses myself, and if the witnesses examined fail to make out case against the defendant, I will request the police officer making the arrest to elicit any fact connected with the case that is not drawn out.
 Whenever the police officers are wit nesses in a case 1t is best for them to testify first, and enjoin this upon them in order that their evidence may not be construed or biased or influenced by what the witnesses in the case may tes- tify. I make this a rule of court.
 Tn many cases it is impossible for the court to elicit all the facts in the case without tine police suggesting ques- tions to be propounded to witnesses. Frequently there are witnesses who don't want to testify to what they may have told the arresting officer in the case. In such cases the police officsr will be requested to elicit the facts.
 If the police give in their ev.dencei first it win remove the odious appear ance of prosecuting defendant by se.k- ing his conviction
 The following cases were disposed of:
 J. H. Powell, white. disorderly con. duct; $5
 T. w. Duncan, white, sunday selling, acquitted.
 Jsnnie Kennebrook, white, street walk ing after p. m., $5.
 Tom Cole, white assault and battery; s.
 Tom Cole, white, adultery or fornica- tion, case continued.