The Birmingham age-herald., 1914-01-04
Lawyers Furnish Much of
the Excitement in Dis
putes Over the Testi-
mony Submitted
WITNESSES TELL OF
BODEKER'S ORDERS
AND ENFORCEMENT
Commission Room Crowded All Day
by Those Drawn to Scene by
Interesting Developments
From Day to Day

There can be little doubt but what yes
terday was the most martial day so far
rassed by the current police department
probe.
There was little time during the entire
two sessions of the probe yesterday in
which some sort of a verbal scrap was
actual progress. While one or two pre-
vious incidents in themselves might have
been more startling, yesterday as a whole
demonstrated the Tightening of the lines
on both sides.
As a general thing the demonstrations
in pugnaclty were confined to the attor-
neys, but at frequent intervals the wit
nesses, the commissioners and others got
mixed up in the melee. Less order was
maintained in the crowds yesterday than
any previous day. The room was kept
crowded with as many as could possibly
be seated and stand in the aisles and at
frequent intervals they burst into laugh
ter at some remark or started up a buzz
of conversation.
Squally Indications Come Early
The hearing started right off in The
morning with squally indications aud
they were kept up with more or less va
riations all day. Much of the evidence
was based upon documents and data from
the police department. All the witnesses
heard yesterday were members of the po-
lice department The hearing will be re-
The star scrap of the day yesterday oc-
CURED between the attorneys and is de-
scribed in another column of this issue.
The hearing opened yesterday morning
with a statement by Commissioner
Weatherly. in which he said that when
the commission ruled yesterday that Mr..
Austin need not answer certain questions
regarding his employers in the past moth
ing was meant except that the witness
need not tell anything he had learned con-
hdentially while in the employ of any
man or corporation.
Mcdonald Resumes Stand
Ten Mcdonald resumed the stand for
cross examination by Judge CASTOR.
Judge Castor opened his cross-examina
llOi1 DN iiC Nouiu NC Nui tlui Hol W
talk so loud as to hurt the hearing Of
The AseHerald reporter. Witness stated
he had been defeated twice by Captain
Austin. The argument, between witness
and Judge CASTOR continued the same as
the day previous. considerable feeling be-
ing manifest on both sides.
Witness stated he had offered to go
on M. J.. Moore's bond after Moore
Mr.. Ward. but that he refused
to go on Moores appeal bond Captain
White took witness, who stated that
since Mr.. Ward had gone on Moore's
bond he could not see he had made
any mistake that he could see no more
harm in talking to Oscar Freeman ON
streets than to Judge CASTOR, as he
was a free American citizen and talked
to whom he pleased.
Police Capt. Martin Eagan took wit
ness stand and stated he had been on
police force "a years. Witness Identified
written orders from Bodeker and stated
he understood them to be given in good
faith ;tthat Bodeker had never told him
to wink at anything or protect any
body. that he knew of no policeman
in Birming CHAM getting graft; that he
supposed chief depended upon witness
and other captains reports in judging
of conditions in city; that his reports
ness identified reports which he has
made to Chief Bodeker in past years.
when counsel began to read some of
these Judge CASTOR objected and an
other row followed between attorneys.
Captain White stated he wanted some
of reports read because he wanted
them published in the papers; reading
of reports continued. showing that, ac-
cording to reports, repeated arrests of
gamblers had been made; that at other
times no signs of gambling We're man
ifest. In meantime Judge CASTOR had
been looking over some of first re-
ports which had been read. He arose
and remarked that all of reports in the
file were not Captain Eagan's. The star
row of the morning between attorneys
was thus precipitated.
The reports covered four or five
years time. Witness stated he and Cap
tains Devine and Johnston covered
same territory but on different shifts;
that Bodeker and all other chiefs he
had worked under. including Austin,
had wanted laws enforced, and he be-
lieved. honestly SO; that he had ar
rested all professional gamblers In
town and that Bodeker had never told
of them. (
Buzz Out of Order
Witness described difficulty of raid
Ing Peerless. Witness stated that there
We're "buzzes" and that these were
Illegal but when buzz" rang 1t was
always disconnected and he had never
succeeded in getting it to work, which
would be necessary before he could
arrest anybody for it; that he did not
know barricaded doors were illegal: