The Birmingham age-herald., 1915-05-02
Indications Are That Bur kett Will Retain His
 Job on Force
FAILS TO
 MAKE OUT A CASE
Altman's Objections and Subsequent Withdrawals Cause Much Amuse- ment to Crowd-Reporter Suffers
 When Shapiro Explained How
 Policeman Handled Him
By RALPH R. SILVER

Indications are that the board of city commissioners will refuse to discharge Policeman George Burkett on the charges of incompetency brutality, i'm pertinence and insolence made by Isa- dore Shapiro. and on which hearing 2 was held yesterday afternoon. The commissioners have held in abeyance decision on the evidence submitted in the case yesterday. but that 1t will be dismissal of the charge seems to be the consensus of opinion. Whether or not Policeman Burkett failed In any way in his conduct or duty as an officer of the law, MT Shapiro apparently failed to show it. [ The risibles of the crowd were aroused to such an extent at the verbal thrusts which Attorney John ". Altman kept delivering toward MT. Shapiro that President Ward at one time was forced to make vehement protest.
 T can see no use of such questions, ]" he exclaimed, jumping to his feet as laughter greeted Mir. Altmans ques- tion as to whether or not MT. Shapiro was a member of the legislature and on what ticket he had been elected. There seems to be disposition here to hector MT Shapiro, and l don't think il is proper"
 Altman Repeatedly Objects
 MT. Altman repeatedly objected to questions asked witnesses by MT. Sha- piro. And so often as he did so the latter would launch into a flight oi oratory to overcome the objection And equally as often Mr. Altman would re- ply: Well, Snap, don't make speech. I'll withdraw my objection" And then the crowd would have another convulsion.
 In his opening testimony, MT. Shapiro explained his side of the case-how tbe policeman had arrested him for block ing the sidewalk In front of the scenes of the Steeie-Smth wall disaster on Second avenue, and he in doing so, really started the amusement for the crowd himself by catching a newspa- per reporter by the shoulder and nearly shaking his head off as he explained how the policeman had handled him. MT. Shapiro proved that, under oroi- = | nary circumstances, he had committed no offense in blockading the sidewalk, but the defense proved that fin this particular case there were extroIdi- nary circumstances due to the public interest and curiosity In the Steele Smith wall disaater, and that the police
  moving all the time in front of the place.
 On complaint of merchants across the street from the disa ster. the police were further instructed to keep the doorways of the stores free from persons standing about.
 Attorney Is Severe
 The elidence showed that the legislator upon being accosted by the policeman immediately questioned the authority or rights of the policeman. In summing up the defense, Attorney Altman was severe.
 "Whei that policeman told you to move on,' he declared, pointing his finger at MT. Shapiro, 'I know and you know that there arose +, your heart and in your breast q resentment that you. promi- nent attorney, a graduate of Yale and a member of the legislature of Alabama. should be So addressed by an ordinary policeman. You admit you made the re- mark to tho policeman that he was damned impertnent. That is the flash of truth that is reflected through all this evidence that shows the real basis of the trouble
 You had your neck bowed, Mr. Shapiro You had your dignity offended because In your own heart you did not think that you should have been treated just like an ordinary man. You were trying to cover all the ground you stood on and that s a mighty hard thing for a man to do, especially when he's In the wrong.
 "The policeman was merely carrying out the orders he had received from his su- periors. You instead of him are the party at fault. The evidence shows he was not brutal. or insolent or in any way acted improperly toward you. He had orders to keep the people on that sidewalk nov ing He had spoken to hundreds and you alone refused to move. There was noth- ing left for him to do but what he did do."
 MT. Shapiro admitted that he had been fined in police court the day previous on the charge of blockading the sidewalk as mad~ by the policeman.