The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-04-28
A CHARGE NOT SUSTAINED.
THAT AGAINST POLICEMAN
TALBOT DISMISSED.
There Was a Decided Conflict In
the Testimony in the Ben
nett Matter.

At the adjourned meeting of the
Board of Trustees last night, the charge
preferred by the Chief of Police against
Officer w. L. Talbot, to the effect that
on the evening of April 9th, he, While
acting as Night Sergeant at the police
station, appropriated to his own use
$40 taken from the person of Arthur
Bennett was dismissed and that charg-
ing him with drunkenness was with
drawn
Corporation Counsel Devine conducted
the prosecution, and Talbot's interests
We're taken care of by Attorney z. j.
Shields.
Chief of Police Dwyer was the first
witness called, but as he knew nothing
except at second hand, he was excused
James Hickey, Waterman at the rail
road depot, was next called and testl-
fed that ON the evening of April 9th he
took Arthur Bennett, who was intoXl-
Gated, from the depot to the police sta
ton. Officer Talbot, he said, was on
duty, and searched Bennett, finding
among other things, a $40 note, which
Bennett held in his hand. Witness said
that Officers Fitzgerald and Ash were
inside the railing and that he (witness)
was the only party directly present
when the search was made. Witness
said Talbot put the bill in his vest
pocket, and he told him two or three
times that he ought to put the money
with the rest of the things taken from
Bennett, but that Talbot made no reply.
On cross-examination by Attorney
Shields, witness said he examined the
bill at the depot, after which Bennett
put it in his pocket but had it in his
hand at the police station. He could
not swear positively that the bill Ben
nett had at the depot was the one he
had seen at the police station, but as
Bennett had no chance to change it he
felt morally certain that it was the
same. Witness said he did not call the
attention of Ash or Fitzgerald to the
matter as both were within hearing
when he told Talbot to put the bill
with the other stuff
Officer Ash was the next witness. He
said that he, Talbot and Fitzgerald were
in the station when Hickey brought
Bennett in. Talbot searched the man
and laid the money, watch, etc, inside
the railing. While Talbot was locking
the man up, witness counted the money,
found that it amounted to $40 and
announced the amount. Hickey, the
witness said, said that there ought to
be S15 there. Witness said he did not
hear Hickey say anything to Talbot
about a SO bill while the latter was
searching Bennett, nor did he say any
thing later on in Talbot's presence.
Talbot, witness said, was sober at the
time. Nothing said during the absence
of Officer Talbot was allowed in evil
dence.
Officer Fitzgerald testified that he
was behind the railing while Talbot was
searching Bennett, but that he paid no
attention to what was done or said. He
saw the money laid on the railing and
heard Ash say there was 81 10. Talbot,
he said, was perfectly sober.
William Ahern, railroad officer testi-
fed that he knew nothing whatever
about the case except what he had
heard, and what he had heard he was
not allowed to tell
John Dorman, a car inspector in the
employ of the Southern Pacific Com
pany, testified that before Hickey took
Bennett to the station he saw the latter
exhibit SO note. Witness subse-
quently saw Hickey take Bennett into
the porter's room, and did not know
what happened afterward.
Officer Hickey was recalled and re-
iterated what he had said when first
called
In regard to the charge of drunken
ness, Chief Dwyer said he had never
seen Talbot drunk, but that he had
seen him with the 'trembles" He said
in reply to a question by Trustee De-
vine, that the accused might have had
chill. Talbot he said, had been on the
sick list for long time.
Acting on the advice of Corporation
Counsel Devine, the charge was with
drawn.
Officer Talbot took the stand in his
own defense and testified that on the
night of April 9th he was acting as
Night Sergeant at the police station,
and was present when Hickey brought
Bennett in The latter was drunk Wit
( ness searched Bennett and found in his
pocket about S475 in silver a watch
and some other articles He saw no
$40 bill, took none from Bennett, and
took from him no greenback or paper
money of any kind. Witness said he did
not notice Benefits hand and did not
know whether or not he had anything
in it. He said as fast as he took things
from Bennett, he handed them through
the railing to Officer Ash Witness said
Hickey was standing four or five feet
away when he was searching Bennett,
and to the best of his recollection he
had had no conversation with him
whatever. Hickey, he said, was mis-
taken when he said he had told witness
to put $40 bill with 1.-The rest Of the
stuff
In answer to questions, witness said
that since he had been on the police
force he had brought in at one time,
man with $1,000, and on a different oc-
casion another with 81, 100 upon his per
son. Witness said he was perfectly
sober while searching Bennett.
Attorney Shields briefly recounted the
testimony and asked that the charges
be dismissed.
Corporation Counsel Devine being
called on for an opinion, said he had
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