The Birmingham age-herald., 1902-06-14
Peculiar Action of Police COm-
 mission in Cunningham Case
CHAIRMAN RUDOLPH OBJECTS
Punishment Noted Out to Mccallum, Oldham and Brizendine-Wal Waldrop Found Not Guilty of Conduct
 Unbecomine an Officer.

Unbecomine an Officer.
 The police commission last night al- lowed policeman full pay for seven days during which he had not worked and had been suspended for conduct un- becoming an officer. He pleaded guilty to the charge before the commission, apologized and the charge was with drawn. During the time this policeman was off a supernumerary was paid full wages to work in his place. making double wages for one mans work.
 The policeman was Joe Cunningham. He was charged with having personal difficulty with Policeman Waldrop, the details of which are already known and also appear below. The same action was taken in the case against Policeman Waldrop who was declared not guilty.
 The commission found three other po- licemen guilty of charges against them. McCallum and Oldham were sentenced to seven days loss of pay for a personal difficulty they had on a North Highland car. Policeman Brizendine was sentenced to five days loss of pay for neglect of duty. The case against Policeman Me Milan was carried over until the next meeting of the board. He was charged with conduct unbecoming an officer.
 Rudolph Enters Protest.
 An effort was made by Commissioners Parker and Mobley to withdraw the charges against Policemen McCallum and Oldham and give them their pay In a speech made on this subject Chairman Rudolph stated he did not think 1t was just to the city to vote away It's money for work the policemen had not perform ed. He said should they be tried before Judge Feagin or any court in the city they would have been fined for misde- meanors, or viola tions of the criminal statute. He said one was guilty of as- sault and battery and the other of cir culating obscene reports.
 Chairman Rudolph said it was high time they stopped trying men If they did not convict them of offenses for which they pleaded guilty. He said he did not believe the uniforms and badges of a man gave him any right to commit of lenses against the law for which ordinary citizens would be arrested and punished by the courts
 WaIdrop Pleads Not Guilty.
 Policeman R. G. Waldrop pleaded not guilty of conduct unbecoming an officer and the trial was begun. The evidence was that Waldrop was called d liar by Policeman Cunningham and that he struck him with the end of the fingers of the left hand.
 The testimony showed that the dispute run by Captain Frank O'Brien for sher- If. Cunningham claimed that Waldrop had stated: T want every man on the Democratic ticket elected except Frank P. O'Brien." Waldrop denied this and Cunningham tried to refresh his mind as to the time and place. Waldrop admit ted the time, but again denied he had made the statement. Cunningham insist td and Waldrop replied with smile, "Joe you have got the wrong SOW by the ear"
 Four testified and the evidence of all WAS thes ame Waldrops statement cor responded with the testimony which was given by Policeman Ed. Jordan, War cen Mack Rittenberry and Uncle Ton" Jeffers.
 VIII Lose Their Pay.
 Policemen Oldham and McCallum were sentenced to lose their pay for the seven days they have been suspended. There was a strong effort made to acqult both without loss of time, but such strong fight was made by Chairman Rudolph l that a compromise was finally reached. The testimony was that the fight oc- ,1s Tl,a evidence was that Policeman McCallum had made a statement to MT. Al Campbell l that Policeman oldham had arrested a negro woman and then paid her fine. l Oldham tried to get McCallum to tell MT. 1 Campbell that what he said was untrue and McCallum refused to do so. Oldham tried to strike McCallum and the two were separated by Policemen Baker and MT. Campbell. The testimony was that l there was a disturbance on the car SC great that lady became frightened and ran to get off the car, that the conductor l had to stop the car for fear of a dis turbance with serious results, that he l made a report of the matter to the street car company and that several boys rar to the rear of the car for fear of getting l in the way of stray bullets
 Finally when 1t was seen that the com mission was evenly divided. and that if
 
 would not be re-instated until after the next meeting of the commission, Commis- sioner Parker who was making the fight to acquit him, changed and voted in favor of seven days loss of salary.
 Those who testified in the case were Policeman Baker. MT. Al Campbell, Street Car Conductor Courson and Policeman Tom Hagood. The testimony varied little the only difference being whether Old ham had used the words damn lie" or just plain lie in telling McCallum he would have to contradict his statement McCallum tried to prove he had intend ed the matter as a joke, but Policeman Brown was placed on the stand to prove that McCallum had tried to collect evil dence to substantiate his statement to MT. Campbell.
 Attempt to Save Him. Commissioner Mobley made a motion after the trial of McCallum and Oldham that McCallum be acquitted and be given his pay. This was lost, as Commissioners