The Birmingham age-herald., 1913-03-28
EXONERATE DAILY
OF BRIBERY CHARGE
Judge Lane Immediately
Reinstates Detective
GARNER SUBPOENAED
Judge Lane Says He Is Confident
Garner Regretted Ever Having
Brought Charges Against
the Officer
GARNER SUBPOENAED

James Daley, plain clothes detective.
who was suspended Tuesday afternoon,
pending investigation of charges that he
accepted money and other considerations
for protecting alleged gamblers against
raids was exonerated and reinstated yes
terday morning by Judge Lane. following
a thorough inquiry into the charges.
Immediately following the hearing Chief
Bodeker acting on information gathered
from the testimony of Hester Garner.
who accused Officer DAILY. ordered raids
to be made on alleged gambling houses
at the Gayety hotel and at the Undine
club The arrest of Bill Smotherman was
also ordered and Garner was subpoenaed
as a witness.
John w. Altman, the attorney for Hes
ter Garner, said following the trial that
the whole proceedings were out of order
and not worth while, and in the nature
of "whitewash." Judge Lane however,
In reinstating Officer DAILY, took occa-
sion to compliment him for his excellent
record and efficient work on the police
force.
DisprOyes the Charge
The charges against Daily were that he
had accepted some chairs from the Bur-
ton hotel and $40 week from Jim Bran
non for protecting gambling game over
the Adams drug store, corner Second
avenue and Nineteenth street At the
hearing the charges We're disproved as
DAILY showed that he had bought the
chairs and Jim Brannon testified that
he never paid DAILY anything and that
DAILY was the worst of any of the city
detectives in chasing the gamblers
In the course of the testimony of Hes
ter Garner he made the statement that
Birmingham was being run wide open
as far gambling was concerned. He
enumerated the following places where
gambling games were in progress: Peer
less corner. Second avenue and Nine
teenth street, the Gayety hotel and the
Undine club. In these places, Garner
claimed, roulette, faro and craps games
We're nightly in progress.
Judge Lane Comments
Last night Judge Lane expressed re-
gret that the details of the trial had
been fully reported, and added Gar.
ner, who prefessed the charges against
Daily, expressed himself as being averse
to being sworn | insisted, however, that
he go under oath, and tell of the condi-
tions as he had claimed to know them
He did not put a single witness on the
stand to support his charge, and but
for the fact that the witnesses of the
defendant went on the stand, there could
not have been any hearing
Il am absolutely confident that Garner
regretted ever having made the charge
against DAILY, and 1t stands to reason that
had he known any evidence with which
to substantiate his charge he would have
produced 1t. The room was full of peo
pie and Garner had every opportunity
to make showing 1t was only through
my insistance that he finally took the
stand.''
Further discussing the charge that
gambling existed in Birmingham, Judge
Lane said:
Investigation indicated that the al
legged prevalence of gambling here was
based upon hearsay, except that | or
dered the arrest of one man and caused
to be summoned the man who preferred
the charges to the court Gambling is
not going on here except in those isolated
cases that may be expected in large
city
"As for Detective DAILY | wish to say
that / consider him one OF the best Off
GERS that / have ever known | trust
him implicitly and believe that he is alb
solutely innocent of the charges made
against him. 1t affords me qualification
to testify to the worth of that splendid
officer. l would that we had more such
detectives here. He has performed ef-
fcient work and is in good standing"