Show lOGE GE CHARGES OfFICER WITH WT BRUTALITY TALTY COURT ADVISES AST ST POLICEMAN fOR OSE OF AK Squad Treatment of prisoners Prisoners Flayed in Municipal Court Complaint Against Again t Two Men Dismissed Prosecution of Lieutenant David Dald Clayton Cla ton of f the police squad on a charge of assault and battery loomed as a probability today when City Jud Judge e Ben Johnson dismissed charges of assault with a deadly weapon against Tom Morrow and R. R and recommended that County Attorney Arthur E. E Moreton start an assault and battery action against Clayton Cla ton Morrow and were taken talen Into custody near Poplar Grove Grovo I September 20 after what was reported to be a gun battle from which grew i the charge of assault with a a. deadly weapon The police pollee seized nine cases of whisky Judge Johnson declared today toda that no evidence was presented to him himI that either of the men was armed and that any shooting that occurred I must have been done by members of W. W J. J Walker Frank Barnes Darnes and the squad u He Ho held further that Clayton without provocation struck In the face WHISKY ORDERED I j i Accord According ng to the police report of I the affair Herman Bauer secretary to Chief of Police Joseph E E. Burbidge Burbidge Bur Bur- I I bidge arranged with and Morrow f orrow to purchase several cases of I I bonded whisky The liquor was put In a car and Bauer went with the I two men to deliver it to his roadhouse roadhouse road house according to the report Lieutenant Cl Clayton tE Reed Ree Billings gs J I i I I j I I I S. S H. H laid in wait ait near Poplar Grove At the designated spot Bauer 1 I Ii alleged to have gotten out of the carand carand car carand and to have asked to taste some of or the whisky to see If It were bonded goods goo s. s Ills his actions frightened the twp tWI alleged bootleggers who vho Immediately immediately Imme Imme- started their car down the road Bauer fire according to his I testimony and then about twenty shots were fired from revolvers and andI I I sawed off shotguns with which the squad was armed before the I car was stopped and the two men handcuffed Then Clayton according to his testimony was forced to knock down to prevent him from escaping despite his handcuffs ADVISES COMPLAINT When Clayton Cayton testified that he struck the blow while chasing the theman theman theman man Judge Johnson asked how he heI I managed to hit him in such a way as asto asto asto to break his nose Clayton said that he reached around Immediately Judge Johnson declared that he felt that the count county attorney should bring bringa a complaint charging assault and battery Nearly every case in which the squad figures as witnesses in my court discloses brutal treatment of one one of or their prisoners Judge Johnson commented after court was adjourned Striking a handcuffed prisoner will not be encouraged by this court 1 I Parley Parle Jensen attorney for Morrow I and declared that he inI intended in- in I j tended to take Judge Johnsons Johnson's recommendation to the county at attorney attorney at- at torne torney and to see that a full investigation tion is made to determine whether charges of assault and batte battery can be brought against the men |