Evening journal., 1919-01-04
FOUST IN BAIL
FOR HEARING
Military Policeman Charged
With Assault and Battery
on Saloon Keeper
PROTEST AGAINST
ARREST IGNORED

Hearing In the case OF Alya Foust. one
OF the military ponce stationed in this
city, charged with assault and battery
on John j. Clark, was continued by
Judge Churchman, in Municipal Court
this morning, until Monday. at the re-
quest Of Major Wiler, commander OF
the Twelfth Battalion, u. ;. Guards
FOust, when arraigned, announced that
he was prepared TO go on with hear
ing this morning. but Major Wiler then
asked for the continuance, which was
granted
In granting the application Of the
officer Judge Churchman said that the
defendant would not be remanded TO the
military authorities. but held him In
$500 bail for his appearance In cour'
Monday.
When patrolman Devenney placed
FOust under arrest at Front ana Mar
ket streets. last night, the soldier pro-
tested that he could not leave his post
and that a city policeman could not ar
rest him. However, he was taken IN
the patrol TO the police station, where
he resumed his protests, but TO no
avail. for he was locked up to await
hearing this morning.
II Is said that Clarke was standing
in front OF his saloon, No. log Market
street, early last night and that ms
attention was attracted 20 two soldiers
having a conversation with a Negro
in front OF the saloon. The police say
that Clarke stated he saw money passed
10 the Negro by the two soldiers, and
that soon afterward the Negro entered
the saloon.
Asked Guard 20 Remove Soldiers.
Clarke saws he then called TO a mill
tary policeman who was approaching
and asked that he remove the two sol
dlers. stating that they had been DIS
orderly and that he imagined they were
trying 10 get some one to procure IL
mor from his saloon for them. rms
Clarke, asserted, the military police
man refused TO do.
Some words passed between Clarke
and the soldier guard, Il Is said, ano
the military pairolman Is reported q
have suddenly grasped Clarke by th'
throat with one hand and raised his
night stick in a threatening position
over his head.
AT this point Patrolman Andrew De
venney arrived at police box No. q
at the corner OF Front and Market
streets. with John Smith. whom he had
arrested on a charge OF drunkenness
TO call for the patrol for his prisoner
He noticed a disturbance in front OF the
saloon, and temporarily released his
prisoner 10 go 20 the scene. There
despite the guards protest, when he de.
fed the officer TO remove him from his
post, Devenney placed him under arrest
recovered his first prisoner, and sem
the pair to the police station In the pa
| troll.
AZ the police station The guard gav'
his name as Alva Foust. aged % years
and then proceeded 10 repeat his pro
tests that he should not have been ar
rested while doing police duty. HI
lnight-stlck was taken from him and h'
was placed I'm a cell for the night.
Later In the evening Lieutenant
Hendricks, one OF the officers at th'
French street barracks. went 10 th'
police station and demanded OF CaptalI
Wardle that the soldier be released
This Captain Wardle refused 10 do anC
stated that he referred the lieutenant {,
Chief Of Police George Black, who could
not be located at that time.