The San Francisco call., 1904-12-15
POLICE Hailed
BEFORE COURT
Affidavits Charging Pilfer-
ers i'm Uniform With Bur
glary Are Made by Chief
Oakland Office San Francisco Call,
101G Broadway, Dec. IA.

Oakland Office San Francisco Call,
1O1G Broadway, Dec. IA.
Chief of Police Hodgkins to-day
swore to af1idavits charging former
Sergeant of Police c. E. Clark and Pa
trolmen j. F. Stahl, c. w. Hamerton
and Lee e. Andrews with burglary.
Subpenas were issued directing the ac-
cused men to appear on Friday before
Police Judge Mortimer Smith, when
hearing will be held to decide whether
there is sufficient evidence to warrant
arrest and prosecution.
Police and citizen witnesses have
also been subpenaed..
Prosecuting Attorney Leach said
that the complaints upon which the
warrants might issue could not be
sworn to on information and belief"
as were these affidavits. But the affi-
davits could be taken as the basis of
the hearing
From the bench Judge Smith said:
II is true that complaints issued on 'infor-
nation and BELIEF are not sufficient. ==d war
rents OF arrest under such circumstances can
not be Issued. But upon such an application
has been made by the Prosecuting Attorney
it is the duty OF the court TO take dispositions
and hear testimony.
This move in the case was made as
the result of the failure of any person
10 swear to direct charges of burglary
against the four men. After the Board
Of Police and Fire Commissioners re-
ferred the cases to Prosecuting Attor-
ney Leach he drew complaints that lay
in his Office unsigned. At the last meet
ing of the board President j. E. Nc
Elroy notified Chief of Police Hodgkins
that the law gave power to swear to
such affidavits as were made to-day.
The only testimony at hand
is based upon the forced con-
fessions of the men. 1t has been
oontended that methods were en-
ployed to induce them to confess that
would bar their statements from use.
For that reason there has been hesita-
ton on the part of the police in swear
ing TO complaints.
Subpenas cannot reach Stahl. who
has gone TO Portland. Or, nor Clark,
who departed on a sailing vessel from
San Francisco several days ago as
second mate. Hamerton and Andrews
have been in Oakland, but the court
officials express a doubt whether either
Of them will be within reach of sum-
mons.
The Grand Jury, which was impan-
eled to-day, was instructed by Superior
Judge s. p. Hail that it was within its
province to investigate the police scan
dal. In his remarks Judge Hall said
1t is your duty to take cognizance Of matters
published in the press Often persons have
not the inclination to swear to a complaint.
but you have the right to subpoena witnesses
and il YOU believe that there is good cause for
action, il is your duty TO return an indict-
ment 1t is here that the efficacy OF grand
jury lies.
The new Grand Jury is composed of
II. N. Gard, H. B. Belden, Daniel Nc
Carthy, J. n. Green, Serrill Winsor,
d. S. Moulton. William Mann, Frank
Harold, Charles c. Volberg. Henry
May, William Tyson, C. P. Hoag, AL
bert Kayson, George D. Greenwood, d.
Dimond, Charles w. Damon, Henry A.
Schulz, r. .. Dunning and Vincent
Chloupek. The Jury organized by elect
ing II. y. Gard foreman and Fl. Il.
Relden secretary, and then adjourned
until January g.