The age-herald., 1899-06-06

tin thought that ne had made out azcieaf case against the man and therein lay the trouble.
 Tie evidence had narrowed downzto a negro woman who it Is claimed, had gone to a room over the saloon and gotten, fonr bottles of beer. These same bottlesH were in front of the judge at the time of tho controversy. The woman testified that she had left the beer there on ice and had gone back to get it.
 Summing up the case, Judge Feagin said: "The case has now narrowed down to the point as to whether the beer was given to the woman by Davis"
 Attorney Allen, for the defense then spoke up and said that the beer could not have been given away by Davis because it was not his property, and that the wo- man had merely left it there to be Kept on ice.
 Continuing the judge said: "No, dosnot believe that is sufficient.
 Chief Austin, who had been conducting the case for the city, then got angry. He arose and turning to the judge said: Your E honor, there is plenty of evidence to con vict that man. We have all told you how the beer bottles were lying all over the floor, and the tub of ice in which the beer was kept and if you don't convict this man"
 The judge then broke in and remarked, "Well, I am not going to fine him."
 Would let the People Know It "Wel, if you don't" said the chief, as he got madder, "I am going to lst the people know why the law is not enforced. d1,tI- nd I want others to do theirs We had evidence enough to Justify conviction in that case and there is no use to bring a man up here if you are going to turn him loose like that, am going to see that the people know why these men are not convicted"
 "Well, I'll fine you $10 for contempt or court" retorted the judge.
 "You can just fine me ten more if you want ton said the chief.
 q will fine you ten more and send you to jail besides" was Judge Feagin's parting shot, and turning to Captain Weir, he said; "Take that man to jail!
 Captain We'r then came into the contro- versy, and said:
 Judge, the chief has charge of this entire department, and am not authorized to ar rest him..
 "That doesn't make any difference" an swered the judge; q have supervision of all of you officers in my court
 Well, judge, that is a question that am not quite familiar with, but think that the matter can be settled anyway"
 The chief in the meantime had left the room and gone to his private office. Judge Feagin told Captain Weir to go and tell 41,n4 trouble could be settled. The captain re- turned with the chief but on being asked if he would apologize, MT. Austin said that he had no apology to make.
 Judge Feag'n then told him that he would begin proceedings against him before the board of police commissioners and the may or and board of aldermen.
 "Proceedr was all the reply vouchsafed by the irate chief. With that he again left the room and remained out until court had adjourned.
 In discussing the matter, Chief Austin said:
 "The judge has convicted several men on less evidence than this one. For instance, in the Borek case on the Southside He was fined $100. Then the case against John Mcdonald who was arrested for passing beer out of the back door to Q negro wo- man. There was no evidence of money passing in either of those cases; still the de- fendants were convicted and fined heavily Badly told me in the presence of Mr. Scharber that he was going to plead guilty The judge says that he is going to begin proceedings against me, and I am also go- ing to do some of that kind of work. I am going to have impeachment proceedings in stituted against him right away. There is no use to arrest men under this law if he is not going to convict them, especially when the evidence is that strong"
 After the adjournment of court Judge Feagin said: "This affair is a grave one and I will have to give it considerable thought It is necessary that my court be respected. Further than this I do not care to be interviewed
 Something of the Trial
 Though this case ended seriously, during the arrest and trial that followed some very ludicrous incidents occurred.
 About 93O o'clock Chief Austin and Cap tain Weir discovered woman coming from Badly" Davis place carrying in her arms four bottles of beer She was stopped and questioned and finally put under arrest The officers then proceeded to a room over the saloon which had been used by Davis as a plunder room or some thing of that kind
 On reaching the door Captain Weir tesd- fled that he was refused admttance and while standing in the hall he saw "Baldy" Davis take two Chinamen to the back door and run them down the stairs. q finally had to force the door open" continued the captain, "and on reaching the inside found bottles scattered all over the floor and in a large tub were bottles of beer placd in ice water. On the end of a table was a large patent cOrkscrew and the ice picks and all of the tools used in serving beer were there. There was also a barrel of empty bottles besides those scattered on the floor Officers Cunningham and Schar- Der came in about that time and I went downstairs to find the Chinamen. One of them was lying on his face under the steps and the other up against the wall. The steps ended in a little stove room and door led from that into the saloon proper"