The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-09-09
BENNETT CASE is
AGAIN CONTINUED
Trial viii be Entered Into This
Morning at II O'clock
WITNESSES WERE ABSENT
Colonel benson Stated Before Police
Commission Last Night That Com
missioner Phillips Had
Violated Promise.

The Joint trial of Patrolmen Walter
Bennett and Paul Cole, charged with vio-
lations of the police rules and regulations,
which was scheduled to take place last
night, was continued until this morning
at IL o'clock on account of the absence
of important witnesses for the prosecu-
ton The absent witnesses were Mrs.
Amanda Bennett wife of one of the &C
eused. Robert Allison, Mrs. Jenkins and
Mrs Browning
long argument, participated in by Col.
w. H benson, attorney for Bennett, and
Judge CASTOR, attorney for Commissioner
Phillips, the prosecutor, preceded the an
nouncement of the commission that the
hearing would be postponed until this
morning.
A large crowd was present when Chair
man Parker called the commission to or
der and Commissioner Eugene Flies read
the charges against the officers.
The charges against Bennett are being
intoxicated while on duty. visiting house
of i'll fame and wife beating, and the
charge against Cole is visiting house of
i'll fame
The list of witnesses for both sides was
read and all answered present" except
those already mentioned
Colonel benson had stated his position
in the premises. He accused Commission
err Phillips of violating a promise made TO
the commission at the last session of the
body and stated that the prosecutor hao
promised to have witnesses against Pa
tralman Bennett present at the hearing
Colonel benson further added that Mr'
Phillips had said that If the witnesses
were not produced the charges would
be withdrawn.
After the witnesses named had failed
to answer to their names Judge CASTOR
asked If subpeonas had been served on
them. 1t developed that the lists OF Wit
nesses had been placed in the hands Of
the notice within The limit prescribed by
law and that Sergeant Sherley had issued
the summons as required 1t was SHOWN
that the subpeonas had been turned over
to policemen for service and that they
had been turned over to other policemen
to serve. This practice caused commas
sioner Brown to ask II such a procedure
was followed and he said he wanted IL
distinctly understood that papers given
m an officer to be served must be served
nv that policeman and the proper return
made.
Mrs. Benefits Letter.
Commissioner Flies read a letter to the
commission signed by Mrs. AMANDA Ben
nett In the letter the absent witness
stated that she had received summons
to appear before the body and give evil
dence In the case. She stated that she
did not like the notoriety that would at
+aob to such a proceeding and for that
reason declined to attend the trial. Sne
stated In the communication that her
evidence against Bennett was contained
IN a netition filed for divorce in the circuit
court August 2S-
Colonel benson made an argument IN
behalf of his client. He stated that IL
WAS an Injustice to continually delay
the hearing of the charges against Ben
nett He referred to the fact that Mr.
Phillips had secured n postponement OF
the hearing at the last meeting or the
body on account of the absence OF ma
terial witnesses. Colonel benson repeated
the statement that Mr.. Phillips had prom
ised to have all witnesses present or dis-
miss the case, and that he did not THINK
Commissioner Phillips should sit in the
trial as a member of the commission.
Such conduct. Mr.. benson said, would be
ton indecent and 1t would be the most
unheard of thing that had ever occurred
In this city He insisted that the trial
should be held or that the proceedings
should be dismissed. He added that Com
missioner Phillips would treat the COM
mission and the defendant with respect
by adherring to his promise to submit
a list of the Witnesses.
Colonel benson accused Commissioner
Phillips of violating his promises made to
the board. Robert Allison, the absent wit
ness for the prosecution. was character
ICED as one defying the authority of the
commission.
Judge CASTOR, attorney for Commits
sloner Phillips. replied to Colonel Dem
sons argument by stating that he was
not present at the last meeting of the
commission and therefore did not know
what statement had been made by his
client CONCERNING WltHSSScS. ne hlApihOy
said that he did know one thing and that
was that Mr.. Phillips had performed mis-
part by submitting to the police list
of witnesses desired, and II the police
had failed in their duty 1t was not the
fault of his client. Judge CASTOR stated
that Commissioner Phillips did not pro-
pose to take witnesses by the arm and
haf Ia
Statement Verified.
Judge CASTOR said that he could not
give 'evidence" as did Colonel benson.
This brought the latter to his feet and
he stated that what he had said about
Commissioner Phillips In reference to wit
nesses and agreeing to have them on
hand or dismiss the prosecution had been
stated by Mr.. Phillips himself, and il Mr..
Phillips had made false statement that
1t was not his Denson's) fault.
Colonel benson called upon the COM
mission to substantiate his statement con-
corning Mr. Phillips promise and the
body agreed that Colonel benson had
quoted the commissioner correctly.
Chairman Parker brought things to a
head by saying that 1t had never been
the custom of the commission to go into
trial without all witnesses being pres
ent. The chairman stated that he realize
that the situation was hardship on
officer Bennett, but that as chairman he