The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1913-12-27
Newspaper Reports Also
Come Up for Discussion by
Commission and Lawyers
CASTOR EXPECTS TO
FINISH CASE TODAY
Witnesses Will Then Be Called in
Bodeker's Defense-Judge Aber-
nethy Proved an Interesting
Witness Yesterday

Trial of the police department through
the newspapers, to some extent. featured
the two sessions of the police probe hear
ing yesterday
In addition, a more or less strenuous
argument between counsel and commits
sioners on the admittance of hearsay tes-
timony. which 1t was alleged was unjust,y
damaging Chief Bodeker; some old-fash-
Toned, honely philosophy on nearly every
thing under the sun by Judge II. B.
Abernethy, while in the witness chair,
and some opinions from Judge Abernethv
gamblers and yagrants and petty crimi-
nails, We're the matters of most interest.
Yesterdays testimony, as all prior tes-
timony in this hearing, contained much
of hearsay, opinions, gossip and reports.
The afternoon session was adjourned at
o'clock on account of the illness of
Connie Austin, who is prosecuting the
charges against Chief Bodeker. 1t was
stated 1t will be resumed again at -
o'clock this morning.
CASTOR May Conclude Today
Judge Zell CASTOR, counsel for Mr.. Aus
tin, rather expects to conclude with his
witnesses today and probably this fore
noon. Capt. Frank S. White, attorney
for the police chief, will then take up
the defense and it is stated that the hear
ing of the witnesses for this side may
consume two days. AS to whether or
not a decision in Chief Bodeker's case
he IL. II. .
the commission do not know. They state
that they may be able to make a de-
cision at once but If not they will do
so within a few days after the hearing
concludes.
At the conclusion of the Bodeker hear
ing charges will be filed against other
members of the police and detective de-
partments and another case will be taken
up. The general police probe may last
for week or two yet, 1t is believed
The hearing was resumed yesterday
shortly after o'clock.
John G. Bradley Testifies
John G. Bradley was the first witness.
and he stated he had taken a drink Of
beer with Bodeker at the Elks' club in
prohibition times, that there may have
been lockers there then, that he knew
nothing wrong about Bodeker's charac-
ter, that he had loaned Bodeker $780,
which was paid back
F. b. Clements, with Yancey Real Es-
tate company, was examined by Judge
CASTOR. Witness stated that his brother
in-law of Demopolis, named Smith, had
his pocket picked in Birmingham In 1912,
that he (Clements) identified one of the
crowd of pickpockets: that the man was
turned loose by Bodeker on $500 cash
bond; that Smith was never subpoenaef
in case: that Smith never got his money;
that Bodeker had said "a man" would
give Smith back his pocketbook at the
Terminal station, but refused to say who
Smith; that vagrancy conditions had been
bad for 10 years. Bodeker stated that
there was no dispute about the $500 bond
being made and that the city got the
money Witness stated after some ar
gument that he was in favor OF Bode-
ker's removal.
General Debate Comes Up
1t was at this juncture that the debate
over the admittance of hearsay evidence
and the discussion of newspaper reports
of the hearing came up Following Is the
stenographic report of this part of the
session as made by Jack Stalings of
Stallings q Brazelton, court reporters:
During the cross-examination of the
witness. F. B. Clements, the following oc-
Cured:
Commissioner Weatherly: Is 1t custom
airy to take cash bond for pickpockets
and thugs and let them go on off?
Chief Bodeker: No, sir, cannot say it
is customary, but If man is put in Jail
you cannot hold him without bond.
Captain White: The cash bonds ara
made at the county courthouse that way
all the. time, are they not?
Commissioner Weatherly: We are not
talking about that.
Captain White: If the cash is going to
treasury. 1t looks like we had might as
well get it in the city treasury When
old man Dobbins was unloaded a gold
| don't think 1t ought to be done, but
those things are done up there every day,
and there is no use to hold them here
without bond because in two hours they
will go up and get bond or sue out writ
of habeas corpus If it cannot be done airy
other way.
These things go out to the public and
really this commission cannot hurt Mr.
Bodeker half bad in its final decision
as it Is hurting him now.
Commissioner Weatheriy. How do YOU
mean?
Captain White: l mean in the final de-
cisions you. cannot do anything but con-
denim and remove him from office, but
mean by admitting this hearsay testi-
mony. these imaginations. ETC., you are
attacking. you are damning his character