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Show 1 CASE OF OUSTED COPS UNDER ADVISEMENT I BEE WINE GETS I PROMIENCE IN I DAY'S EVIDENCE I Spectators Get Considerable i Merriment From Ques-I Ques-I tions on Home Beverage 'attorneys argue Civil Service Decision on Reinstatement Appeal Is j Expected Saturday Whether former Patrolmen II B fl Elam and H II Butler will again don ihe brass-buttoned uniforms of thi H ! Ogden poiire department or remain Iju9t plain citizens and seek employ-ment employ-ment elsewhere. Is now entirely in the 'hand- of memhers of the gden civil service commission. Shortly after 3 o'clock yesterday af- gH ternoon the hearing for their rein-statement rein-statement was completed in the COUnj cil chamber of the city hall and J 1 H Kldredge, Jr.. chairman of the com-mission com-mission announced that the matter would be taken und r advisement, ;H The board members have a mass 'H of testimony to consider and it Is esti- Jl mated that the deliberation will eoi ' H Mime some time II is ImpTOb: I ' I that a decision will be rendered to jday, but it Is expected that the com-mission com-mission may announce their verdict tomorrow. iH I Yesterday afternoon s session was SKggJ -pen' hi gathering up tho loose end- of testimony and several witnesses were recalled to the -'and to answer H questions that hatf beep overloo , on direct and cross-examination. fH ARGUMENTS HEARD. This was followed by arguments of Arthur Woolley, counsel for the two discharged officers and Samuel Powell. ;tssi.tant city attorney, vvhi H represented Ogden City in thv hear- aH Mr. Woolley argued that an Injus- gfl tice h..d been done former Patrolnier. Elani and Bullet In dismissing then frem the service and reouested theii reinstatement. He contended that ttu I 'charges brought against the officers I I I .lofl I lion J"ll were not reullv charges brought h H 'the police chief at all. but rather a liroduct of Sergeant A. H. Stephens. In his arguments. Attorney Woolley H referred to Sergeant Stephens H Bnpop" Stephens and declared he bad , I made It a point to get small things H I "on" the two discharged officers ami H Others and report them to his super- H 1 i,rs. it Is apparent that the police H I station has a departmental "snoop,'' I Mr Woolley declared, and he is Ser- Igeant Stephens." iater in his argu- . n . i i oolley n terred -v eral i times to Stephens as "Snoop." EAK CASE t L MM ED. attorney Powell, in answer, during I his, rebuttal, attempted lo criticise Ml Woollev for bringing a name of the sort into his arguments. "During my experience as an attorney." Mr. Powell said. "1 have found that when a law- I i.;..s i., helittle the character ot I a man. he has a weak case." v toi n -v v oolli 1 c lied i I Hit: testimony Of Chief Joues thai Sergeant Stephens had written, tb-. complaint against the men and the chief bad simply signed it. Mr. Wool-ley Wool-ley held that the chief had listened BD his subordinate officer. Sergeant Stephens, and baidsjg'ned 'hp charges simply on the recital of certain el-leged el-leged -.infractions of the rules by the discharged men. ns told him by Sergeant Ser-geant Stephens Mr Powell on the other hand, held that Chief Jones and Sergeant Stephens Steph-ens had ample reason to bring about the dismissal of the officers. He-! He-! pointed out the man alleged instan. es I where both men had been reported 'for drinking and to their having infringed in-fringed upon several rules of the de-paitnunt de-paitnunt He sought to show where thell removal had been lustlficd. . HI MOROl S INGLE. An interesting and humorous angll was injected in tho hearing yesterday afternoon when Sergeant Stephens was recalled lo the stand and questioned ques-tioned as to having alleged to hav : lold other members of the police de-partment de-partment that he had been making I wins at home. Previously Officer Butler had lesii-fied lesii-fied thai Sergeant Stephens told hli.i that he was making 'bee' wine at his home and that It was a fine drink. When Stephens first went on tm island. Attorney Woolley suddenly asked, isnl it true that you told ifficer Butler, during a personal eon-i eon-i vernation, that you were making ' bee' l wine at home"" The question burst like a bombshell in the courtroom and snickers were heard from the spectators. Attorney Powell jumped to his feel and excitedly asked. "BeeS, what have bees got to do with this trial?" .Mr. Woolley repeated the question. Did you not tell Officer Butler, be fore this trouble, that you were making mak-ing bee" wine at your home?" "No. I did not," answered Sergeant Stephens, "but I might have told him that I knew of friends who were making mak-ing 'bee' wine." lit I LER RISC IDLED, i Butler wa recalled to the stand yesterday and repealed his former testimony In which In raid ihit Set- j (Continued on Pogi i wo. vHJ CASE Of OUSTED COPS CLOSED (Continued from Pago Onci geant Stpehens had told him that he had "bee" wine working at home ' He told me how it was made " officer Butler testified; "of him making mak-ing it and how good It was. He toid me plainly that the 'bees' made 11-nuor.' 11-nuor.' At this point Mr Powell jumped to hi" feet and objected to this sort of testimony, holding it was incompetent and irrelevant. ' Are you charging" that Sergeant Stephens made the wine or that the 'bees' made It?" he asked ot Attorney Woolley. The witness said Die 'tie,- maoe fti, win and I assume if the beex' made tho wine I Sergeant Ste phens did not and therefore there-fore he committed no offense." Sergeant Stephens was then recalled recall-ed t0 the stand and questioned about mailing the wine. "Have ou any 'Bees' working at home?" he was asked by Mr. Powoil. No," answered the Witness. Lid you ever tell Butler that you Made bee' wine at home?" ".No," replied the witness, "but I mlKht have told him that I knew of .other people n.uking it." This ended tho "bee" controersy. viucur ueurK-- einn took the stand and testified that at once time he had the day patrolling shift which followed Elara He said that usually Elam would meet him at tho station and he would then take over the beat. I"ne mornlnp he said. Elam did not 'appear at the regular time and he m at on the beat with Sergeant Stephen.- who walker) with hln, in hissireli for Elam JOB IN DANGER. , Finn testified that while they were walking down the street he tcame anxious over the absence of Elam and feared that he might have come to harm The witness said that Ser-geeht Ser-geeht Stephens did not share the same feafs. but remarked. "If Elam is drinking, it will mean his Job." The witness testified that Elam was 'later found, that he. had been late in making his last rounds nnd had reported re-ported to the station by telephone instead in-stead of going there 8erpeant Stephens was the last wlt-ne.-.s on the stand in jrlvlng his testimony testi-mony regarding the alleged "bees." W hen Officer Elam was recalled to th- stand yesterday he denied that he had been In the patrolmen's room in the police station early in December Decem-ber and nmelled of liquor as testified b) Patrolman U. V. Pack yesterday morning. Elum said he was then irklns on the ntirht shift and at this h.jur. about 3 o'clock in the afternoon he oa gi neraliy at home asleep Attorney Woolley Introduced eoples of orders procured from tho pollen station which showed that Elam was on the night shift at that time and jalso that Patrolman Pack was on his .vacation during a greater part of Dc-i Dc-i smber. Elam declared on the stand I that h had no reason for going to the police station at that time In the afternoon when he got off shift in II the early morning, ' Mr Woolley announced that he , would present arguments and Mr. Powell declared he waa willing to sub-' sub-' mlt the case to the commission on its ! merits, but if Mr. Woolley argued, he would also. Mr. Woolley declared the i barges were apparently without foundation : He said e ery individual complaint 'had been countered with witnesses I for lh defense and called attention 'that eight witnesses hj(i testified that EliLin did not smell of liquor shortl: before Stephens accused him in the police station. Mr. Woolley also declared that Defective De-fective Jones, who wan asked by Stephens to smell Elam's breath, reported re-ported he could smell nothing. He 'said the two raids on the gambling ! houses on the morning of January 26 hael shown that the men were ciuallfled to do their duty and that they w ere ery much on the Jcb. He 'closed by asking the commission to reinstate them COULD HOLD BREATH, Mr. Powell declared that eight wlt-. wlt-. es might hi. smelled the breath of Elam before tho trouble occurred at the police station, but explained that Elam had ample time to take drinks before he was accused by Sergeant Ser-geant Stephens He said that it was , possibles that Elam held his breath when Detective Jones w is ordered to bnieii for liquor at the police station. Attention was called h Mr Powell lo testimony that i ifficer Butler had brought a two-ounce bottle of'llquor with hint on duty one night. This alone, he said, was sufficient ground- for ellscharge. He held that Wht n Butler entered 'he argument between Elam and Stephens at the pedlce stu-tlon stu-tlon he committed an oct of Insubordination Insu-bordination and held that discipline had to ne maintained in order that the department might he conducted efficiently. At the conclusion of the arguments I U Bldredge, Jr. chairman of the 'civil service commission announced that the case would be taken under j advisement and a recommendation imade lus sorm as was possible after al the evidence had been thoroughly I gone over. |