The Birmingham age-herald., 1904-01-15
THOUGHT DOCTOR
 WAS A BURGLAR Reckless Firing by Officer at Physician Causes Suspension WILL HAVE INVESTIGATION pr. Cunningham Wilson VIII Take Matter Up Before Judge Feagin or the Grand Jury-smeIled Whisky
 on Officers Breath.

last night suspended Officer Carleton. who is said to have shot at Dr. Cunning ham Wilson early yesterday morning as the physician was going from the resi- dence of Sydenham Moore on Tenth ave- nue and Twentieth street, south, where he made professional call, to his home The officer states that he mistoolS Dr. Wilson for a burglar and only fired his revolver after he had commanded him to halt and he had disobeyed
 No action has been taken relative to Officer Phillips, who was with Officer Carleton.
 The officer, who has only been mem Der of the police department for few months. was suspended by Chief Wier pending an investigation by the police commission.
 Dr. Wilson stated last night that he would take the matter up before either Judge N. B. Feagin of the inferior crim- inal court or go before the grand jury of Jefferson county, which Is now in session.
 As Dr. Wilson is one of the most prom inent members of the medical profession in Alabama, the act of Officer Carleton caused no little amount of comment yes- terday.
 Dr. Wilson gave the following state- ment of the affair:
 pr. Wilson Talks.
 'I had just left the residence of MT. Moore, where I had made a professional call yesterday morning shortly after 9 o'clock, when I heard two men walking up the sidewalk from the direction of Tenth avenue. They were coming in the direction of MT. Moore's residence. did not see them, as I do not think there is an electric lightAnearby. I paid no att tention to them and crossed the street diagonally, going in the direction of my residence, which was only a short dis tance It was rather cold, and I was walking fast. As stepped from the curb stone I heard some one say Hold up boy!' Thinking 1t was one of the men talking to the other, I paid no attention to the command. I walked on and Just about the time I reached the street car track one of the men, who I later found out were officers, shot at me. I stopped and one of them ran up to me and said. We are officers He asked me why I did not stop when he told me to- and I replied by saying that I did not know he was an officer.
 Whisky on Officers Breath.
 ''He told me that he was Officer Carleton. I do not know who the other officer was. Both wore uniforms I smelt whisky in the breath of Officer Carleton and told him of it. He replied that he had not taken any whisky. I then told him who l was and went on home When the officer fired he was probably twenty five feet from me. did not hear the bullet whizz by me. He made no excuse for firing on me. asked him his name. telling him that I intended making if warm for him.
 Chief Wier called me LID this after noon and asked me about the matter and l told him I did not intend to take the matter up with the police commission. think this is a matter for the officials to take up themselves. think, however. that shall take 1t up with Judge Feagin or with the grand jury
 'I am in favor of removing such of- ficlals as those from the South High lands. As far as my protection is con- cerned. I believe that I had rather have burglars"
 When seen at the police headquarters yesterday afternoon and asked about the matter, Chief wier said:
 Chief Wier Makes Statement.
 ''The officer with Mir. Carleton was off cer Phillips. They have been on duty on the South Highlands for about a month and have done good work. This morning the officer reported to me what had occurred last night. Officer Carle- ton, who is comparatively a new man. said that he mistook Dr. Wilson for A burglar. He said that he saw him come out of yard and step into the street rom the sidewalk. He commanded him to halt, telling him that he was an off, cer but he did not heed the command. The officer said that he then fired in the air, for bluff. to make him stop. He did not say that he shot at Dr. Wilson.
 T am anxious for Dr. Wilson to bring this matter before the police commission and l have explained to him the custom ary mode of procedure. The law says that the charges must be made in writ ing and the accused then has three days time to prepare for a hearing of the case. against him by the commission. When I spoke of a hearing of the matter to Off, cer Carleton this morning he said that he would waive all rights and would be ready to stand a trial at the meeting of the police commission tonight Dr. Wilson would not agree to prefer the charges.
 Acted Too Hastily.
 officer Carleton expressed regrets about the matter, and insisted that he thought Dr. Wilson was a burglar I think myself, however. that the officer acted too hastily. I have always instruct ed the patrolmen to be very careful in a case of this kind. The two officers have been on duty from midnight until noon on the South Highlands for about a month. Thes have arrested several chick en theives and strolers and were doing good work
 'The statements of both the officers were voluntary. They told me that after the shooting they investigated and did not see any lights in the residence of Mir Moore. They stated further that they did not see Dr. Wilson leave the house. He was in the yard when they first saw him.