The Birmingham age-herald., 1905-08-20
CHARGES MADE
 BY PHILLIPS SENSATIONAL Says Bennett and Cole Were In a House of Bad
 Repute COM MISSIONER MAKES STILL OTHER CHARGES On Oath He Says That Policeman Ben nett Mlstreated His Wlfe-The
 Charges Are Denied
 By Officers.

foucemen Walter K. BeDneII and fal c. Cole will be arraigned before the Po- lice Commission at the special meeting called Tuesday night on the charge of violating Rule 9S of the police rules and regulations. Two other charges are made against Policeman Bennett, one of being intoxicated while on duty and the other of beating his wife"
 The charges are all preferred by Police Commissioner George G. Phillips, and the alleged offenses of the officers are all said to have occurred on July S1, 1905. Com- missioner Phillips specifically charges that on the night of July 31, between the hours of and Il o'clock, Policemen Cole and Bennett were found by him in a house of ill-repute at the corner of Twen- ty-fourth street and Second avenue; that they did not visit the house in an official capacity. It Is charged that at this time Policeman Bennett was in an intoxicated condition, and that at an earlier hour in the evening, while at supper at his home. Policeman Bennett mistreated his wife, The last named charge was filed In a separate paper and sworn to by Commits sloner Phillips early last evening.
 The other charges preferred against the officers bear date of August ?, but were sworn to by Commissioner Phillips before Desk Sergeant Thomas J. Sherley, who Is also notary public, at police headquar- ters Friday.
 Deny the Charges.
 Neither of the policemen named in the charges denies that he was in the house of ill-fame, as charged, but both aver that they were there on written order from Chief Wisr, having been sent there by the latter at the solicitation of an Avondale man who was trying to locate his wife and baby. The policemen give the name of the Avondale man and say they can produce proof of the order from Chief Wier. Officer Bennett positively denies the charges as being intoxicated and beat ing his wife.
 Both policemen also say that on tho occasion they were seen In the house of ill-fame by Commissioner Phillips the lat ter appeared en deshabille.
 Several months ago Commissioner Phil lips, it will be remembered, preferred charges against Officer Bennett for al- legged insubordination. On the occasion Bennett had arrested a negro and when the latter cursed the officer the latter struck him. Commissioner Phillips was a witness and upbraded the policeman, and words that passed between the latter and the police commissioner resulted In the charges of insubordnation. How eyor, the charges. though filed regularly, were never brought against Policeman Bennett.
 Following is & copy of the charge of wife beating preferred against Police man Bennett by Commissioner Phillips last night:
 Copy of Charge.
 birmingham, Ala. August 1s, 1eOo. ITO the Honorable Board Of Police Com-
 missioners:
 "Gentlemen--It has come to my knowl- edge that on the afternoon of July Sl, 1908. Officer ". R. Bennett of the police department assaulted and beat his wife at their home in this city
 T am informed that the state law of Alabama dlsfranchises man for this or fense, and l submit to your honoraoie body that if Officer ". K. Bennett is guilty of this unlawful conduct, then he is ineligible to hold the office Of a po- lIceman.
 II hereby prefer charges against W. R. Bennett. a police officer of the city of Birmingham, for conduct unbecomlng an officer, viz: Whipping his wife Re- spectfully, GEO, D. PHlLLlfs.
 Before me, T. J. Shirley, a notary public In and for Jefferson county, Ala bama. came George q, Phillips, who, be- ing duly sworn, says that the above facts set forth are true to the best of his knowledge and belief. Subscribed and sworn to before me at Birmingham, Ala, this 18th day of August, l9o6
 '.T J. SHIRLEY,
 Notary Public"
 Tn view of the fact that Commissioner phiIlins is to appear before the police commission next Tuesday night in the role of defendant to explain why he has refused to resign from the commission unon request, and that the charges against Bennett and Cole will come up at the same time, thereby making Com missioner Phillips appear as prosecutor also, the next session or the commis- sion promises to be the hvehest' Prop- ably in its history.
 When asked yesterday why he had not before sworn to the charges preferred against Policemen Bennett and Cole, Mir Phillips said;
 
 Phillips Statement.
 .The charges were preferred on Au- 0ust 2 lust after the offense was com mstted by the policemen, but have not sworn to them until now because was advised to wait until the police commits sion had taken some action regarding the charges against myself partial action was taken Tuesday night, and then, as soor as [ could. made proper affidavit to the charges had previously filed against cfficers Bennett and Cole. It Is often the case as you can find out at police head ouerters that charges lie over for months after heinz preferred before being sworn to.
 .Sow as to the charge that appeared in a nealiRee costume in the house of i'll renute where Bennett and Cole were ee,,,d want to say that if is true. A ertand of mine teiephoned to my home and had me awakened to tell me that 1aennett was drunk and that he and Cole were in the house where later found them. When I went to the place l wore only my night shirt with my coat on over it, a pair of trousers and slippers without socks. I had simply dressed my eelg fin the auicket manner possible. Ben nett was intoxicated and had been seen to fall over a pile of brick In the street 2 little earlier In the night. The exact truth about this whole mess will come out in the courts. and then my friends will eee me yindicated all round.
 nNow let me tell you why the charge n, subordination I preferred against Ben ,ett was not pressed. Fire Chief Mullin ond several other of Bennetts friends