The San Francisco call., 1904-12-17
SAYS EVIDENCE
INSUFFICIENT
Judge Mortimer Smith De-
nies Application for Arrest
of BurglariOus Policemen
BARS THE CONFESSION
Special Patrolman jacobson
Under Charges of Falsely
Accusing a Brother Officer
BARS THE CONFESSION
Oakland Office San Francisco Call,
1915 Broadway. Dec. 16.

Oakland Office San Francisco Call,
10l6 Broadway, Dec. 16.
Upon the ground that the evidence
was insufficient Police Judge Mortimer
Smith to-day denied the application Of
Prosecuting Attorney A. P Leach for
complaints charging burglary in the
cases of former Sergeant of Police C.
E. Clark, Lee Z. Andrews, j. f. Stahl
and c. w. Hamerton.
His Honor was compelled to rule out
the confessions of the men on the testi-
mony of Chief of Police Hodgkins. The
Chief said the statements were OBJ
tanned by threatening the quartet that
they would be sent to jail unless they
told all they knew. The four were also
promised that whatever they said
should not be used against them in
criminal proceedings.
Neither Patrolman Shannon nor
Special Policeman Goodwin could testi-
fy TO sufficient knowledge of the cases
TO warrant issuance of complaints. H.
d. Gushing, E. j. Buswell Jr and
James Cahill. merchants from whose
shops articles were taken, all testified
they had missed nothing and knew
nothing about the affair.
The inquiry only developed the cer-
tain fact that Chief Hodgkins made no
attempt to get evidence that might be
used in criminal proceeding. He con-
fined himself entirely to jamming
enough out of the men themselves to
warrant him in getting them out of
the department.
Hamerton and Andrews appeared in
court. Stahl and Clark were absent
Attorney A. V. Mendenhall appeared
for Clark and Andrews.
The next step in the interminable
scandal will be taken by the Grand
Jury, which has been instructed to
make an investigation.
Charges were filed with the Police
Commissioners to-day by Chief Hodg-
kins against Special Policeman A. T..
Jacobson. alleging that jacobson had
made false statements against Patrol
man H. B. Henderson that were detri-
mental TO Henderson's character and
prejudicial to the Police Department.
The charges are based on public accu-
sations said to have been made by. Ja-
cobson in averring he had. seen Hen
derson take property from East Oak
land residences.
The Police Commissioners directed
Chief Hodgkins to submit a report in
writing upon the charges said to have
been made by Jacobson. He was also
notified TO order jacobson to file writ
ten charges against Henderson or TO
appear next Friday before the board.
Police officials do not credit Jacob
sons charges. Chief Hodgkins an
nounced that Jacobson must either sus-
tain his accusations or face the Police
Board.
Attorneys A. v. MendenhaI and
Thomas ]. Thompson, on behalf of
Clark. Andrews, Hamerton and Stahl,
made demand to-day for the issuance
of the salary warrants that the board
has held IN. The demand was not ac-
ceded to, and the attorneys said they
would mandamus the board.
The charges against Patrolman j. F.
Sill made by Policeman NJ. Shannon
were dismissed. the evidence falling to
connect Sill with the taking of hams
from Becker's market. as alleged.
The trial Of Policeman P. McKeegan
on charge of unlawful arrest was set
for December 81.