The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1914-01-03
Commission Takes Steps to
Vacate House When Com
plant Is Made About 1t
AUSTIN ON STAND
ALMOST WHOLE DAY
White Submits Data to Show Number
of Arrests of Various Of
tenders During Bodeker's
Administration

Following testimony at the police
probe yesterday that the police de-
alleged undesirable resident from a
neighborhood. Chief of Detectives Steve
Virgins was ordered to take the mat
ter in hand and see what could be done
The incident brought about rather
lively little clash between President
George Ward and Judge A. o. Lane,
commissioner in charge of the police
department
shortly after noon Yesterday the
prosecution against Chief BodeIer
rested it's case and the defense was
begun. The prosecution had occupied
Just about seven days. Chief Bodeker
says he has 200 witnesses to introduce
and the probabilities are that it Will
take seven days more.
Austin's Employers
Captain Frank White, counsel for
Chief Bodeker. brought out evidence
yesterday tending to show that Mr.
Austin had introduced secondary and
heresay evidence when the original
witness and primary evidence could
have been used: that Mr. Austin was
employed by George Estes of the Law
and Order league in 1910 to work up
evidence against Bodeker; that money
was now being contributed to the ex-
penses of prosecuting the charges
against Bodeker through Fred NJ. Jack.
son.
The cross-examination of Mr.. Austin
occupied the entire morning session. The
only witness put on the stand by the
defense was Capt. T. c. Mcdonald His
testimony was unique in that he and
the opposing counsel kept up a lively
word scrap. Word battles between
counsel and witnesses and commission
ers were more evident yesterday than
any day since the probe started
Want to Move Resident
VIII Gresham was on the stand testi-
flying that Allie Ellis had moved into q
house adjoining his home and that ne
had been trying in every way to move
her out Mr.. Ward jumped up and in
terrupted him.
II move" he said. that Chief De-
tective Virgins be instructed to swear
out warrant for vagrancy against
that woman every day and keep on do.
ing it until she moves"
The proper way to approach such n
matter, according to the law said
Judge Lane, lis to get up petition
signed by the residents of the COM
munity."
II don't think Mrs. Davis should be
made to go about and get up a petition
and aPain offer the rpatinn
Mr. Ward.
I'D like to TASK you one question:"
said Judge Lane. IF a person has lead
a wrong life and might be trying to
reform or do better, do you believe in
prosecuting him or her and trying to
drag them back down to where they
were?"
help them up
Il want to offer an amendment to
that notion" said Peacemaker Wealth
erly. 81 move that Mr. Virgins be in
structed to take the necessary steps
to have the property vacted under the
direction of the city attorney" Both
the other commissioners agreed to the
amendment and 1t was adopted
Mcdonald First Witness for Defense
Capt. Tom Mcdonald yesterday was
the first witness Stree the probe began
who has been put on by Chief Bodeker
and his Endorsement of the chief was uu-
qualified. The resume of the entire
days proceedings is as follows:
Mr.. Austin opened the morning SEES
sion by making a statement which he
said was to correct statement in Bir-
mingham Ledger to effect that witness
had said he heard VIII Schoppert say
somebody would be killed before this
police probe was over. Witness stated
lieutenant of detectives told him that
he had heard that Schoppert made such
statement.
Witness stated during hts term as
police chief he had broken doors to
several gambling houses. gave names
of five or six, but said he could re-
member no others or dates; that Bod
eker was put back in uniform during
his (witnessD administration because
1t was reported Bodel<er was patroniz-
ing bucket shop"
Captain White here showed Mr. Aus
tin in several instances had been in
Producing secondary and tertiary evil
dence when the original witness and
primary evidence would have been cas-
lily accessible Captain Austin identified
a political advertisement of his while
he was an opponent of Bodeker for
chief of police few years ago. Wit
ness stated he did not recall whether
Bodeker had answered this advertise
ment by stating that if it was true he
(Bodeker) should not be elected; that
Bodeker was elected: witness stated
that at about time commission govern
ment came in committee headed by
George Estes had employed him to
work up evidence against Bodeker
that he understood there were other
men associated with Mr. Estes in this
matter, but that he could not recall
who they were; that he was paid by
Mr. Estes but he could not recall how
much; that he was not employed by
any person or committee now; that so
far as he knew Mr.. Estes was not co.
operating with him now; that money
toward carrying on this investigation
of charges against Bodeker was now
being contributed to witness through
Fred NJ. Jackson: that he did not know
from whom money came.
Declines to Answer Questions
The hearing here struck a snag when
witness declined to answer several
questions in regard to his clients and
employers or purpose of such employ
ment in past two or three years. On
motion of Mr. Weatherly commission
refused to compel witness to answer
any such questions. What Captain
White had been asking witness was
questions In regard to his alleged en-
ployment by corporations in several
strikes of employees.