The St. Louis Republic., 1902-05-14
Judge Tally Decides That Evidence
Does Not Make Case Against
Police Officials.
BAMBRIcK'S CASE CONTINUED.
Witnesses Testify to Having Seen
Attorney holland Smoke Opium
on Recent Occasion-Ser-
geant Fox Exonerated.

At the conclusion OF the testimony yester-
Say for Attorney Charles T. Noland, in his
10000 damage suit against members of the
Police Department because Of his arrest De-
cenlber i6 on charge of aiding in smoking
opium Circuit Judge Tally held that the
evidence did not establish a case against
Harry B. Hawes, president of the Police
Board: Chief of Police Mathew Kiely, As
slstant Chief of Detectives James Smith and
Sergeant Warren Fox. The trial was "n-,-
tinued against Detective John Bambrick.
the remaining defendant, who arrested No
land 1t was not finished and will be re-
sumed at 10 to-day.
President Hawes was placed on the wit
ness stand yesterday in the forenoon session
by Mr.. Noland. Mr.. Hawes denied that he
had any connection with the arrest what
ever. He said he did not give any orde. to
have Mr.. Noland arrested, and did not know
of the arrest until after 1t was made: The
evidence failed to connect Mr.. Hawes in any
manner with the arrest.
Assistant Prosecuting Attorney Richard
NJ Johnson testified that he met Detective
brick told him he had arrested Noland and
that he felt bad about 1t and that 1t was
dirty piece Of work.
He was the last witness examined eor
stand when court adjourned on Monday.
was recalled Yesterday and examined In de-
charge Of the Central Police Station at the
Four Courts when Noland was brought in:
When the testimony for Noland was all
with Associate City Counselor William F.
Woerner, is defending the case, demurred
to the testimony on the ground that 1t did
not establish case against the defend
ants.
Judge Tally sustained the demurrer as to
Mr.. Hawes and Chief Kiely before adjourn
des,son as o s Fox and
until afternoon.
When court convened at 2 o'clock Judge
other testimony to offer against Smith.
Being informed there was no further testi-
mony the Judge said he would sustain the
against Smith. the Judge said. was that he
refused to accept certain. man as bonds
man for Noland. That, the Judge said. was
as to Sergeant Fox. the Judge said the
officer only discharged his duty, and did 1t,
according to the testimony Of Mr.. Noland
The taking Of testimony was then re-
sumed.- Detective Bambrick testified that
ne was looking for man who was wanted
countered Noland In the place OF Lung Vow,
NO. Is South Eighth street. He was search
ing the house and found Noland and
second floor. he said. Noland's coat was on
and he was reading paper. Bambrick said
he left the room and went downstairs,
ter went upstairs and returned and told
Bambrick that he had looked through a
hole ho e, i in the door and they were smoking,
Bambrick stated that he then ascended
the stairs and looked through the hole in
the door and saw holland lying on the bunk
with the Chinaman, smoking opium He
entered the room. he said, and arrested Mo-
land and the Chinaman and took them to
the Four Courts in the patrol wagon.
He said what he meant by saying 1t was
dirty work was that he had regarded Mr.
Noland as his friend. and that he consid-
cred 1t dirty work to arrest friend. He
denied that he had received orders to watch
for holland and arrest him, or that he had
said he had. He said Mr.. holland began
to talk to him about the matter, and that
he told Noland that he could make his
statement In the Police Court.
Bambrick said he had seen Noland smok-
ing opium on two other occasions at differ-
ent places-once about two months pre-
yiously and once about last Fair time
Otber witnesses testified to having seen
Noland smoking opium at different places
since his arrest, In some instances as late
as April. Those who gave this testimony
are Michael Holden, May Harrington, Mag
Conway, Charles Winters and wyley Fields.
At the conclusion Of Fields testimony the
court adjourned for the day.