CAPTAIN LEEIS REINSTATEDi •II *• » »AT ENGLEWOODlt;Continued from page J» occurrence which may happen In their respect ire districts.In refutation and an attempt to place the blame upon the ehouldcre «f the chief of detective*, the defense introduced rule ltd which •tatea: “Tha commanding officer ofthe Detective Division shall be held strictly responsible for the enforcement of at] laws, ordinances, police rules and regulations, and the efficient performance of duties required ef his respective subordinates, lie shall devote hie best efforts to the investigation and solution of criminal cases occurring throughout the city.'’ Collins on Stand Captain Philip It. Crippen. department lnspoctor, conducted the prosecution for the department. Deputy Superintendent Matthew Zimmer, who had first investigated the case, was present throughout the hearing.Chief of Police Morgun A. Collins first took the stand and made a strong charge against Captain Dee. •■Captain Dea had five hours Inwhich to prepare for*Durkin's capture.When a deputy was assigned to in-\ outlast© after the shooting he reported that If a detail had been plucod uutsldo no lives would huvn been lost and Durkin would* have been arrested,In speaking of the respective duties «»f the captain Of police and the chief of detectives, he said:Tito chief supplements the work ur the district commander. The cap-»Aln Is not relieved by tho chief ex-rept when the chief Is present in the district. When the chief Is not present, tho captain Is responsible. The chief may give spdcljlc instructions but the captain must use his Judgment lit supplementing them. Ward Tolls Story Clarence Ward, brother-in-law of Austin, who tipped off tho polico io «he whereabouts of the young bandit, urrutod the happenings on that eventful day t»f October 28. He .told how Durkin climbed In at the secondstory window of his homo at 820 UngUwood ave* at 1 o'clock In tho morning to take Boltj Werner and her baby, Jack, away.“When 1 asked him how ha got In, Durkin said, ‘Never mind, I want Dotty.* Ho said not to worry, for ha had baan watching tha placa for two hours and had seen tho government msu leave tha houaa soma tima before.*'Testimony showed that tha federal, n gen I a under order, had left an hour before Durktn'a entrance.He told me to taka tha olothee of Ueity and Jack to Austin's home,240 Englewood ave.. at JO o'clockthat night and wait for him there.** j Paste Same in Malm *Then, as the many officers of the law, both city and federal, who figured in the Durkin affair testified, the complete story A-a* rilated. Although testimony disagreed lit many details, essential facts tallied.Home of the officers, among them Sergeant Naughton, testified that from remarks made by Captain Dee, they' were made to believe men had bean stationed outside.I*»e maintained that, having been I old by the officers tvho were well acquainted with tha vicinity And withDurkin's methods, ha determined tt. would be impracticable to place men ’ on the outside.Durkin, according to these men, always circles a placa before enter-1 ing, and if he had found any algn of Activity around tha flat building, would never have entered.“When I asked Lc« If he needed anything he said, *1 Hava thtg place covered. I have sent for a man who knows Durkin. I have two squads here. I’ll have them leave tp* care here, and go on foot singly to cover the outside of the place.’** Schoemaker testified.“I told the men In charge of tha squads to stay at ths station and take their orders fi«m Captain Dee.Not His Plsca to Step inIf I had had the information from Ward and had handled the case, I would have stayed and gone through with it. But Dee had the information, ho had men on the Job, the squads were under his command when 1 arrived. ! didn’t think it was my place to step in. If tha arrest had been made he would got full credit. JWhen I'm on tho soona of a crime; I'm In command over a captain, but only when In the district handling the case. j*T left the station with the under- ,standing that men would be sent to cover the outside of the building. If I had! known that the outside was not covered t would have given orders to have men detailed for it.I advised the use of a shotgun end nobody objected. Captain Dee did not object, captain Dee told me the place waa covered.He wit asked by defense counsel regarding his failure to send men to cover the outside:“Can you resign the dutlte and responsibilities aa chief of detectives when in the presence of a subordinate, to a subordinate? Wouldn't you be obeyed If you gave orders In such a situation r*Chief Schoemaker answered.Tes. But Captain Dee told me everything was covered.**Captain Dee then took the stand in hie own defense. After telling thestory as his subordinates had done, he went on.Trap Must Be Inside“I decided, after learning liow crafty Durkin wae, that the one way to trap him, was to put men in the flat. In order that he might not notice any 'unusual activities. I ordered the men In the station to keep id the back room for fear a lookout Would ijotice activity there.**I instructed Naughton to look theplaoe over carefully and place the meif go they would not be in each other's Are. Z toid him not to cottteback with any excuse*. I also told him to call me on ihe phone if he found out anything or needed anything.1 took every precaution to see that Durkin wae apprehended. The men did not follow their instructions.“Chief Hchoemaker came to the station si ?i33 o'clock. He sent Gray with the shotgun. 1 believed that thoplace was too small for the use of it • Ne “©ever Outside“1 never once said that I was covering the outside, neither to Naughton nor Schoemaker. 1 explained to Schoemaker Why 1 was not sending the squads to the outside and he made no comment. He didn't think Durkin would come to 240. said he didn't think he would do anything so root-lah. He left the station after being there between one and a half an£two hours. -When questioned, Dee told of slaving at the station from B:«IO o'clock on tho morning of October 28 until 3:30 o'clock on the morning of October 30.“The question of command never came up at Englewood station. The question of credit for the arrest ofDurkin never came up. No suggesting of an outside detail wag ever madelby schoemaker. He made no inquiryabout the detail at 840 Englewoodave,If the arrangements had been ear-ried out aa made at 240 Englewood ave., Durklu would not have escaped. If no homemade bullets had beenused he probably would havw been4t killed. The shots from ths windowshowed poor tnarsmanshlp. The men should have followed Durkinmore closely.If those men in the house had used their police sense Durkin wouldlHARTMAN’SBARGAINFURNITUREEXCHANGE5801 S. HALSTED ST.and518-20 S. 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X believed an outside detail would arouse hie ‘sdspldone and dm not place it. Z did not see How ths men inside the building could misi getting Durkin. I do not shift tits responsibility to a subordinate oi anyone else, but X am not guilty oi any neglect of duty.During the Holiday SeasonWanzer’s Milk will do wonders toward keeping the whole family in good health.At this time of the year, especially when we are all inclined to eating too much rich, heavy food, drink more pure, wholesome Milk.In planning your cooking and baking for the [fdayg keeholidays keep in mind the fact that there is no substitute for milk. Use more of it and be sure that it is Wanzer'i.You Can Depmrid OnSidney Wanzer ft SonsTELEPHONE CALUMET 0817PURE DAIRY PRODUCTSSunday, Dec. 13th - 3 P. M.