Omaha daily bee., 1910-05-01
Council Butts
RICHMOND CASE WITH COURT
Testimony Concluded Earlier Than
Had Been Anticipated.
ATTORNEYS ARGUE TO THE COURT
Legal Questions Involved Emphn-
sized 20 the Court in Argu-
ments During Brief
Period.


Of police. was concluded yesterday after
noon and Judge Woodruff took his decision
under advisement II is understood that
Judge Woodruff will hand down his de-
cision the early part Of next week The
hearing came to a conclusion sooner than
had been expected Judging from the slow
progress made Thursday by the prosecu-
iona was undoubtedly due to the fact
that the court intmated Thursday evening
that It would not devote much more time
10 the case as the term at Avoca demanded
his presence there.
The cross-examination Of Major Richmond
vas concluded at the morning session, and
with the calling Of Judge Snyder Of the
police court, Justice J. X. Cooper and Con-
stable J. c. Baker, the prosecution closed
its case.
State Senator c. G. Saunders was called
to the stand at the beginning of the morn
Ping session to corroborate the statement
Of Major Richmond regarding the time OF
day when r. b. Wallace defeated candi-
date for mayor two years ago, complained
Of the sale Of liquor on election day in the
basement of the building occupied by the
Manhattan saloon
Attorney General Byers said he would
waive any opening argument, but finally
made brief opening argument. Judge ].
r, Reed made the opening argument for the
defense, dealing with the legal questions
involved and was followed by Attorney
Emmet Tinley, who made the closing argu-
ment for the defendant Mr.. Byers occu-
pied about two hours with-the closing
argument for the prosecution.
Byers Wants Change.
I'VE look to the judge TO make this the
| Of 10 oF int
tions In every city in the state OF Iowa"
declared Attorney General Byers in con-
cluding his closing argument
Mr.. Byers said the proceedings TO re-
move Major Richmond. formed one Of the
most important cases presented to any
court in the state of Iowa in a number Of
years.
I'VE have come to time in the state
OF Iowa when such an administration as
that Of Chief Richmond has been shown to.
be, must cease" said Mr.. Byers.
The system of taking money from women
of the town, whom he terms unfortunate,
helpless creatures" the attorney general
characterized as rank extortion."
The cross-examination yesterday of Ma
jor Richmond by the attorney general was
, mainly in relation to the accused officers
, alleged knowledge OF the presence Of J,
|
Bluffs during 1905
Questioned, regarding a man named
/ Hancock. froQ Omaha, who testified in
the earlier stages OF the trial that he teie-
phoned Richmond and read him a letter
which had fallen into Hancocks hands
through an error in the address to BOX
A. instead of BOX L." and which was
evidently intended for Mabray, Richmond
said Hancock never teiephoned to him.
II such a message was received by any
officer OF the department he did not hear
Of 1t. and believed he would certainly
have received report OF 1t had such
e message been received. Hancock testl-
fied" said the chief, that the telephone
conversation took place about half past
9 o'clock In the evening. Five nights out Of
y the week 1 am in bed at that time. have
no recollection of the occurrence, and am
sure l did not receive the message
Affidavit of Dan Weir.
Regarding the affidavit of Dan Weir, a
former detective OF the COUNCIL Bluffs po-
lice department, which was read by the
attorney general Major Richmond said
with considerable warmth:
Dan Weir committed the greatest per-
jury when he made that affidavit What
ever talk 1 had with the officers was
after the rumor of a certain horse race
which we identified after the expose and
arrest OF Mabray and the others a year
ago. At that time there was no mention
of Maybray. The matter was mentioned
briefly l was leaving my office /
asked the officers what they knew. They
had heard so and so and so, but they knew
nothing. That affidavit is false as hell.
Tho man who obtained 1t and succeeded in
getting Dan Weir to sign 1t is worse than
Dan Weir"
o In his affidavit Weir swore that Major
Richmond had instructed him to keep away
from the gambling houses, In regard to
this part OF the affidavit Major Richmond
y said:
Captain Shafer reported that Weir was
/ spending a good deal OF time in such re-
sorts. Richmond said he told the captain
to tell Weir to keep out of such places.
] The captain. reported that Weir said he
= would go into gambling houses whenever
he pleased. / asked Weir the next day
II he had made this reply and he said he
. had. 1 told him there was but one chief
OF police in Council Bluffs and that ne
must obey orders or l would file charges
3 against him. After that gave him thirty
4 days leave Of absence on pay to go to his
4 farm in Dakota. He wanted three months
. on pay and said he must have IT, / re-
4 fused the request and asked for his res
I. ignation, which he gave me.
s No Knowledge of Mabray.
y NO officers has ever been removed on
. account OF the Mabray affair / knew
- nothing OK Mabray at that time; you might
as well get that out OF your mind now as
\ any other time. Like many other citizens,
4 l felt something was wrong, but couldnt I
get - II. 1 knew nothing about Mabray
and don't believe any OF my officers did
Questioned as to receiving a complaint
. from a man from Louisville. Ky. who
claimed to have been bumped by the Ma
bray gang, Major Richmond testified sub
stantially as follows:
i I'm the fall Of 1908 a man from Louisville,
4 KY, came 20 my office, accompanied by
4 an attorney OF that city. He said he had
been swlndled out OF $4,000 on a fake horse
race about six weeks before that. He
wanted 10 locate the swindlers I asked
him why he had not reported the matter
(. L. - ~. rtuNg apa h..