The age-herald., 1898-02-16
CHIEF MCDONALD
 SUPPESSES A CASE Negro Porter at the "Dude" Saloon Ar-
 rested by Officer Shirley FOR SELLING ON SUNDAY The Officer Saw the Beer Drawn and
 Money Pass. APPEARANCE BOND DISAPPEARED And in the Presence of the Proprietor of the
 Dude" the Chief Ordered Off, cer Shirley to Drop the Case.
APPEARANCE BOND DISAPPEARED

In the opinion of a number of citizens
 who are conversant with the facts in the
 case the impression prevails that Chief of
 Police Mcdonald, in addition to his duties
 such, has assumed the role of a magis-
 trate as we'll
 It would appear that he attempts to pass
 upon the merits of cases, and if he so de-
 cides they are not allowed to come to
 trial.
 There was much comment yesterday in
 police circles on the case of the arrest on
 Saturday night, or rather Sunday morning
 early, of J. A. McCaw, a negro porter at
 the Dude saloon, corner of Second avenue
 and Twentieth street, by Officer Shirley,
 charged with selling beer on Sunday. An investigation of the case developed
 the following facts which were confirmed by Officer Shirley, who made the arrest: Officer Shirley was in front of the Dude saloon and, looking through the glass, saw the negro draw the beer, knock the foam from the glass, place it on the counter, receive the money and put it in the cash register, all of which happened, he says,
 after 12:40 Sunday morning.
 Several witnesses saw the negro waiting
 on the men in the saloon. Among them
 were Ed Gary, commonly known as Jay
 bird," a colored hack driver; two white
 men, who sell weinerwurst in front of the
 "Dude," and another negro who works at
 the Southern hotel, in Twentieth street.
 These men were on the outside of the sa-
 loon. Officer Shirley recognized Fred
 Balmes and a man named Tobler, em-
 ployes of the Jefferson Turkish Bath com pany
 When Officer Shirley saw the money passed over the counter and rung up in the register he went to the back door of the saloon and knocked on the glass in the door. The door was not opened imme- diately, and Shirley, thinking the men were going out of the front door, ran back to it. He again looked through the win dow and saw the men filing into the bar Der shop in the rear of the saloon in Sec ond avenue. Other men witnessed the act.
 Entered the Saloon Shirley returned to the back door, and when he knocwed some one in the saloon asked who was there. The officer told him to open the door and see. The door was opened slightly, and MT. Shirley recog nized Joe Gerst, one of the bartenders. Gerst asked what was wanted, and the officer told him that he came to arrest the negro porter for doing business on Sun day. The negro was arrested, and Gerst and another man signed his bond MT. Shirley filed the bond in the warden's of- flee, from whence 1t should have been taken and a record of the case put on the docket by Clerk Mingea of the police court.
 The scene of the second act of the drama entitled, "McDonald's Downfall, or Murder Will Out" is laid in the chiefs private office in the jail building Sunday. When Shirley reported that day at headquarters he was summoned to McDonalds office for a private conference. Joe Gerst and Err win Schillinger, proprietor of the Dude" |" were present
 oclxo hot Li nd of he had against McCaw. He explained that he had seen the beer drawn and the money paid. After he had finished the chief sug- gested that. the case be dropped. shirley's Manly Reply MT. Shirley replied that when he had been sworn in as police officer he had promised to see that all city ordinances were enforced, and be no respector of their l violatorS.
 This said MT. Shirley, lis my sworn duty. Tear up those obligations or scratch those ordinances which you do not desire enforced from the statute books. Until | this is done, I will do my best to see that | they are not Intentionally violated; and when I conclude that cannot do this, I will turn in my badge and quit the job." Fox Brought Into It | Monday morning early, Night Captain Weir came to Officer Shirley and told him that Mcdonald had made the statement to | him that D. J. Fox a police commissioner, | had come to him and asked that the case l be dropped It is stated upon reliable au- | thority that on Sunday evening Mcdonald | drove in his buggy to MT. Foxs residence | in Eighth street and had the first consul | tation with the commissioner on the sub- | ject.
 Warden Walton when questioned as to what had become of the bond talked as | though it had mysteriously disappeared | from drawer in his office. On a Slip of Paper When told that it was reported that he | had told auother officer that Chief McDon- aid desired the thing kept quiet, MT. Wal ton characterized the assertion as lie and that he (Walton) had not said any thing the subject He was then asked if he had not written on slip of paper to another officer that Mcdonald desired the thing dropped. To this Mir. Walton failed to reply, but simply smiled. indicat- ing that he did not care to talk about the case.
 Mr. Fox was seen in reference to the matter, but refused to say anything in connection with the case for publication. When asked If the report that he had called on Mcdonald in reference to the matter was correct, he replied that he did not believe that Mcdonald had made the statement accredited to him by Captain Weir. This is taken by those interested as confirming the statement that McDon- aid visited Fox first.
 The case has not come to trial and there | is no record of 1t where such records are generally kept.