The San Francisco call., 1904-11-15
WANTS
MORE EVIDENCE
Attorney Is Not Yet Ready
to Touch the Cases OF
the Dismissed Policemen
CONFERENCE PENDING
Final Decision Held i'm Abey-
ance as to Prosecution
on a Criminal Charge
CONFERENCE PENDING
Oakland Office San Francisco Call,
1O16 RrOadwav Nov Il

Oakland Office San Francisco Call,
1O16 Broadway, Nov. II.
Prosecuting Attorney A. P. Leach
has decided that he has not sufficient
evidence upon which TO issue criminal
complaints charging former Sergeant OF
Police Charles E. Clark and dismissed
Policemen J. F. Stahl, L. E. Andrews
and G. w. Hamerton with burglary or
larceny. This decision is not final. City
Attorney J. E. McElroy, who is also
president Of the Board Of Police and
Fire Commissioners, will hold con-
ference with Attorney Leach tO-mor-
row. At that meeting the statements of
the witnesses Sergeant of Police Frank
Lynch, Patrolman Shannon and Spe-
cial Policeman Newell Goodwin-will be
reviewed, as will the written confes-
stons Of Andrews and Stahl.
As president of the board McElroy
said to-day:
Ny position concerning the prosecution OF
these men on charges Of theft Is simply this;
l believe the courts should pass upon the svi-
dence. II these men are guilty Of crime they
should be punished. II they are not guilty, II
seems to me they would invite prosecution
that their defense might vindicats them.
have not had an opportunity as yet to meet
Mr.. Leach and Chief Hodskins In discussion
concerning the evidence I have not seen the
confessions. nor have I heard the statements
" aAA VI lhs HlIuesScs
The police attitude is that the evil
dence was gathered not for purposes of
criminal prosecution, but to force the
quartet out Of the department. To that
end 1t is asserted that pressure was put
upon them to compel them to tell the
truth concerning the pilferings. Here
the prosecuting officers say they might
be handicapped should they go to trial
against the four disgraced policemen
Prosecuting Attorney Leach said to-
day:
cannot find sufficient evidence to warrant
issuance OF complaints against any OF the
men. That there is ample proof OF their
wrongdoing there can be no question. but this
does not satisfy the lesa1 requirement con-
If anything further Is presented than has
already come to my attention I shall be very
careful to consider 1t thoroughly. am doing
what I consider to be my full duty as
prosecuting officer and shall not finch.
Hamerton's residence was searched a
few days ago under Chief HOdgkins'
direction, but no evidence was uncov-
cred.
The only member Of the accused four
who has remained IN Oakland Is Ham
erton. He persists in denials OF wrong
doing and says he is ready to face
trial. Hamerton continues to declare
that he has repeatedly called the at
plants that prisoners were robbed by
policemen after they had been taken
into custody.
Chief Hodgkins has referred the
charges against Policeman Frank Sill
to the Police Commissioners. The evi-
dence, according to Hodgkins, is very
weak 1t was said Sill had been seen
leaving Becker's meat market with a
ham. Sill declares his innocence and
insists the accusation comes from per-
sonal enemies.
W. ]. Tobin, who was appointed to fill
one Of the vacancies in the department,
has declined the position. being salts
fed to hold his place with the Howard
Company, that pays him $50 month.
The Police Commissioners VIII meet
Friday to take further action with re-
lation to the situation. Patrolman
Shannon is being pressed for promotion
to a sergeant's place.