The Birmingham age-herald., 1904-08-10
THE COMMISSION PL|MENTS WEIR Report for Month of July Shows
 Marked Decrease POLICEMEN PUT ON TRIAL PstroIman Bennett Is Exonerated From tho Charge Made Against
 Hlm By Patrick WaIsh---Tss-
 tlnmony Badly Mixed.
POLICEMEN PUT ON TRIAL

The report of Chief of Police wier for the month of July shows a smaller num- Der of arrests than any month for sev- eral years. A total of only TAB arrests. a decrease of about 300 from the average number of monthly arrests. is shown by his report, which was submitted last night to the police commission.
 Chairman Parker took occasion to com- pllment the department on this showing, especially as during that month there were 25O0 soldiers in camp near the city for an entire week, and also a large num- Der of miners have been on a strike.
 Policeman Walter Bennett was exoner- ated by the commission on the charges of conduct unbecoming an officer. under head of which were the following counts as made out by Patrick Walsh:
 l. Entering a private dwelling without warrant or announcing his entrance
 9. Attempting to draw a weapon.
 8. Using profane language.
 4 Exciting my wife and causing her to be taken i'll, thereby causing me to lose time from my work to nurse her. | After Sunday Lawbreakers. The evidence introduced by Policeman Bennett was that on a Sunday morning he and Policeman Elledge were detailed in citizens clothes to arrest violators of the Sunday law. That he went to Keenan's saloon at Avenue R and Tenth street. and there they discovered several people in a saloon. The people also dis covered the policemen and ran out of the back of tho store Policeman Elledge caught and arrested two of them. while Policeman Bennett followed two others into the residence of Mir. Walsh. where he arrested them. He stated that he did lay his hand on his pistol. but did so only when one of the men offered to resist arrest and prepared to pick up chair with which to resist. He also showed that all the men whom he claimed were in the saloon were found guilty before Judge Feagin and fined for violating the Sunday law, and that two of them were also fined for resisting an officer. He denied using any profane language. or doing anything which was not necessary in the discharge of his duty.
 The testimony of the prosecution was badly mixed, witnesses contradicting each other frequently. The evidence of several was that the policeman came in the back door, placed two men he found in the house under arrest and had to handcufr one of them to prevent having trouble with them. The witnesses who were ar rested swore they were not in the saloon. but both officers positively Identified them. The prosecution differed seriously as to the pistol drawing. and failed to charge of profane language.
 The commission held that the policeman was in discharge of his duty, and was therefore exonerated.
 Maloney Reprlmanded.
 Policeman Dan Maloney was ordered reprimanded on charge of handling VII. liam B. Lamb roughly at the baseball park The evidence was that that the po- liceman was q little rough. but that he was dooing as requested by the officials Of the Tark Also that he asked Mir. Lambs pardon as soon as he discovered that the pros. utor had ticket admitting him to the grand stand. The evidence was all heard, with the exception of that of one of the baseball officials. at previous meeting.
 The report of Chief wier was as fol. lows.
 Fines and fees collected. sls%<4.
 Stolen property recovered, s1s12sS.
 Arrests for mlsdemeanors, 6ss
 Arrests for felonies, 45.
 Bound over to the criminal court. ip
 TotoI arrasta 74q