The Birmingham age-herald., 1907-08-14
CHARGES AGAINST
 CHIEF WEIR FAIL Witnesses Say No Gambling Exists in Birmingham CHIEF GOES ON THE STAND Plaintiffs Decline to Proceed With the Case In Which Negligence of
 Duty Is Charged Against
 Officers.
CHIEF GOES ON THE STAND

Wier, and Officer Street, before the Board of Police Commissioners on d charge of negligence of duty, preferred against him by John J. Durfield and Ed Ellis, two well known men here, was heard before the Police Commission last night, and a complete exoneration of Chief Wer and MT Street was the result of the hear | ing, Judging from the case, as it was presented last night, the charges against , the chief were without any foundation whatever
 When the commission was called to order shortly after s o'clock, a large crowd was present to hear the trial Judge B. M. Allen was employed as counsel for the plaintiff and Judge Zell Gaston rep resented Chief Wier and Officer Street against whom the charges were preferred l jointly. Considerable discussion between | thu counsel for the defendant and plain tiff and members of the commission took place prior to the time the case was 1 called. Judge Allen stated that as less I than one-third or the witnesses in the | case were present he did not believe that 1t was just to proceed with the trial and on this question a long discussion fol- lowed.
 The commission finally came to vote as to wether they should proceed with | the trial or not and when a unaui- nous vote to go on with it Judge Al len stated that he would not proceed with the case. He left the room and l did not return.
 | Proceed With Case.
 Eleven out of thirty-two witnesses were present and when the defense announced ready Mir Durfeld, the plaintiff, was ca.4ed and he took the stand. When asked what he knew of the case MT. Durfield stated that he had preferred the charges against Chief Wier, but on account of only a third of the witnesses being present he would not proceed with the case. He was questioned by Judge | Gaston and in reply to possibly a dozen questions he answered, l decline to an- swer to that question: in each instance MT. Ellis was called and his testimony amounted to no more than Durfields.
 The other witnesses which were sum moned were supposed to be either propre- tors Of gambling or club rooms, or else employees in such places, shown by Durfield's charges.
 Joe Frank was called and he stated in reply to questions, that he had heard that Chief Wier has been too stringent in the matter of keeping after the gam
 blers, and that at the present he did not know of the existence of a single place where gambling was being regu- larly carried on.
 w R. Wilkerson stated that gambling 1 at the present comes nearer being sup pressed than it has ever been before, to his knowledge
 Oscar w. Freeman stated, on the stand, | that u . e were, to his knowledge, no gambling houses being conducted In the cit, at present. He also stated that he has been in Birmingham for twenty years and is certain that there is less gambling now than ever He added that he is convinced that Chief Wier has been too stringent to suit the gambling men. When Abe Siegal entered with broad smile on his face, a smile went around the entire room. Every member present semed to feel his presence.
 Judge Gaston asked MT. Siegal how long he had been in Birmingham, and | received a reply that twenty-seven years was the time. Judge Gaston then asked him if 1t wasn't a fact that gambling was auieter now than it has ever been in the last twenty-seven years.
 Well, I should smie,n was the reply.
 Isn't it a fact that you have heard lately that Chief Wer has been too strin- gent on the gamblers recently said 1 Judge Gaston.
 You bet nobody knows that such is l the case better than I,' came from MT. l Siegal
 Wade Mothershed testified that he had been in> Birmingham for sevdnteen years and had never seen the gambling houses as still as they are now "G haven't sen half dozen men even look like they wanted to get together and gan4e with
 in the last six months" he stated
 Officers Shoot and Nation were each | put on the stand and testified that they | had been on duty in the vicinity of gamb- | ling houses for number of months and had seen no sign of gambling going on.
 Officer Street, dne of the defendants, testified that he had been working as plain clothes man after the gamblers
 for about fourteen months and has made number of arrests in that time. He stated that he had carried out the orders l of the chief to stop the gambling to the
 very best of his ability.
 Chief Takes Stand. | Chief Wier stated, when placed on the stand that to the best of his knowledge the town was closed up to gamblers for about three months until about a month ago. About a month ago, however, said Chief Wier. "G understood from cer tain sources that the gamblers would make an effort to open up the town again, and I ordered all suspected places to be visited hourly by the policemen on duty. l have done all in my power to suppress gambling in Birmingham
 After the commission heard Chief Wer's statement they wnet into an exc cutive session and after short con sultation reported that the charges against the chief were not sustained, and Chief Wier was exonorated.
 Mir Durfield and MT. lrlis made a statement after the hearing last night to the effect that on account of the ab- sence of witnesses they were unwilling to proceed with the case last night and for this reason refused to testify, and dismissed their counsel. We intend to push the matter at a later date. how ever. said Mir. Durfield.
 ,rho otbar business of the commission