Los Angeles herald., 1907-02-16
WOUNDED LAWYER
WILL PRESS CASE
SHAKE-UP IN POLICE MAY
RESULT
One Witness Sure He Smelled Liquor
on Officers Breath-Chief and
Captain Defend Their
Men

The startling evidences of careless
ness on the part of the TWO plalii
clothes men who pursued ana shot
Attorney James T. Cleary as he was
returning from a whist party early
yesterday morning will lead to thor
ough trial board investigation ana
may reach the office of :he district
attorney.
The shooting, according to Mr..
Cleary's account of the affair and the
testimony of a disinterested witness,
was so entirely unjustitiable that the
police authorities have determined TO
demand a more satisfactory explana-
ton than that given by the two de-
tectives. This fact, coupled with the
testimony already given that the men
were partially under the influence OF
liquor, places them in an unenviable
position. The father of the injured
man is active in instigating the lnVes-
tigation and says he Will do all IN MS
power to push it TO the limit.
The most important testimony in
the case obtained yesterday was that
given by r. ]. Commons, surveyor
chairman, living at 1912 Ingraham
street Commons was accosted by the
two detectives as he stood at the In
tersection of Seventh and F1gueroa
streets and he says he clearly detected
the odor of liquor on the breath OF
one of the men, whom he described
as the taller of the two.'
Plainly SmelIed Liquor
"The detectives told me they were
officers as they approached me-" he
said. THE tall one showed me his
star and l was so close to him that
l could smell the liquor plainly. They
asked me to walk along with them
and said they would walk home with
me.
II saw they carried their revolvers
in their side pockets and knowing they
had been drinking l was afraid OF
them.
1--WE met Cleary and walked past
him. We had gone few feet when
the taller of the two sald' wait
minute, pard.'
"I did not hear either of them say
anything about being officers, and
when Cleary ran they both ran after
him. They began to shoot and II
seemed to me their guns were leveled'
II did not look like they were shooting
in the air. 1 stopped on the corner
and man ran across the street put
l do not know who he was and would
not be able to recognize him. A pa
trolman came around the corner and
ran diIlloot iiitc 'A'o
Clings to Patrolman
"Cleary clung to him frantically as
the two detectives came up and l
heard him ask the policeman to notice
the liquor on the taller ones breath.
Cleary stopped to check the flow OF
blood from his hip and 1 walked home"
Cleary was shot while leaving the
home of James p. Yates, 1880 Orange
street His story agrees in every de-
tail with that of Commons and he
insists that he detected the odor OF
liouor on the breath of the two detec-
tives when they stopped him.
, The detectives had been detailed on
the robbery of the Yates residence
which took place during the absence
of the family at a whist party at the
residence of Mrs. E. ii. Quimby 2757
West Eighth street. Cleary had walked
home with his friends and after an
hours delay in helping them bring the
police to the scene he had started
home for the Wilhelm apartments at
Seventh street and Grand avenue,
where he lives with his father.
viii Push Case
The young man was taken to the
hospital of the Good Samaritan after
a visit to the Yates home for identiica-