The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-07-02
FOSTER NOT GUILTY.
The Council Declares That Brib-
cry Was Not Proved.
he RESIGNS HIS POSITION.
Positive Denial That Money Was Taken
for vitxthum's appointment, but
That the Loan Wa. Repaid.

aug tfial OF James roster on charges OF hav-
lng, ~ ire commissioner, accepted q bribe from
Oswald yitzthum for procuring him an an
pointment in the FIRE department was brought
20 an unexpected termination last night The
council, after hearing the testimony OF Foster
and Kellogg. adopted the following resolution:
Hesotved That the charges presented by the
sioner OF said city. have not been proved. in the
Judgment OF the members OF this convention.
Immediately afterward Foster rendered his
fesignation, and joint convention was called
ior next Tuesday night to elect his successor.
President kioeber presided and oil the mem.
oers present at the former hearing were in at.
tendance, except Delegate Ryan, who was
detained as juror In federal casa Alderman
Brewer was also present
1t was nearly S:45 before the convention was
called to order, and vitzthum was then placed
on the stand. Attorney White resumed the
cross-examination.
Vitzthum was asked II he understood that
when he loaned Foster the $50 and the s100 he
knew it to be price for his obtaining and re-
tanning Office He said he thought il was q loan,
but Foster told him it was "onIy little bit be-
tween two OF u.s. and finally admitted he sup
posed the $50 was for procuring position.
Gardner kellogg was next examined and ties.
titled that the drst time he ever saw Vitzthum
was when he reported at headquarters for duty
after his appointment by the board a. Q substi.
tute. He denied positively the story of having
about $15O or any other sum prior to his appoint
ment; he declared Vitzthum's affidavit to that
eject to be "Absolutely false" kellogg had
often loaned Foster and others money which
was always returned: he had never borrowed
money from any member Of the department.
about three months ago Foster told him he
needed 500; Foster tried to get 1t from City
Treasurer Krug, Casswell and others but failed
aud at Fosters solicitation Kellogg wrote to
vltzthum and later had made out the note for
$loO IN the presence OF Commissioners Jones and
Masel.
known OF any commissioner receiving any
money for procuring men appointments.
f. ID. Ogden, deputy city clerk, testified to
Vitzthum's appointment
James Foster was examined at considerable
length by Attorneys White aud Rochester He
admitted borrowing $50 and 800 from Wit T.
thum, but swore positively there was no con-
versaiion ~ to paying money for an appoint
ment, and he fatty contradi cted Vitztham's
testimony to the effect that the note for $3.50 had
not been paid. He swore that he repaid Vitz-
thum $3.50 in gold He explained that the notes
no had shown Vitzthum were those he had paid,
ana MS reason was to show why he was pressed
for money. He had borrowed from other men,
bers of the department., but not many.
This closed the testimony, and Attorney
White addressed the council to show that If
Vitzthum's testimony were true he was an &C
Ing TO rules OF evidence, should not be accepted
without confederation. II Foster was guilty so
was Vitzthum, and both were subject to i'm.
prisonment If tried at bar.
Mr.. Rochester denied that the testimony of
Vitzthum was without confederation. The
council was not convened to try Foster for brib-
cry, but to determine whether charges were
sufficiently proved to convince them that he
was mt or an unfit person to hold the Office of
fire commissioner.
Mr.. White objected, but President Kloeber
ruled against him.
Mr.. Rochester said that it did not follow that
FOSTER must be guilty of bribery: il he Dor.
rowed money under the circumstances related
he was unworthy to hold his Office Mr.
Rochester admitted that the charge was not
proved that Foster had accepted q bribe, but he
maintained that the charge of receiving $50
had been proved. Mr.. Rochester declared he
was no prosecutor: he alluded to tho story OF
the woman taken in adultery and laid stress ON
the Injunction: go, and sin no more"
Mr.. White again interrupted to say Foster had
not admitted being bribed. Rochester warmly
retorted that White aud every man in the house
was SATISFIED that Foster was disgrace to any
public Office
President Kioeber directed counsel to confine
themselves to the specific charges aud Mr..
Rochester abruptly closed the case
Immediately Alderman Brewer offered Q reso-
luton that the charges made by the mayor
against James Foster had not been proved
Delegate CrichtQn seconded the motion and It
was carried without dissenting vote.
Attorney White said the charge against Foster
had been sworn to but he believed they had not
been proved; still he should do a. his client de-
sired. He then filed paper signed by James
Foster resignlng his position as fire commits
sioner, and ii was accepted on call Of the
council
President Kloeber announced that within
twenty days tho council would elect a successor
to Foster
On motion OF Delegates Drew and Calligan
the council adjourned to meet ON Tuesday next
In or