The daily morning journal and courier., 1897-05-29
AS WITNESS AND ASCOUNSEI.
DR. SMITH IN 4 DUAL ROLE BEFORE
 INVESTIGATING COMMITTEE.

Auditor Brown-NeIther Had Knowledge of the Vast Sum of Money the Street sprinkling Advertisement Would Cost Mayor Farnsworth Called.
 The street sprinkling advertisement Investigation had another large audi ence last evening. All the members of the committee were present as we'll as their counsel, J. P. Goodhart. Thurs day evening they assured the witnesses who have been compelled to attend the hearings that if possible the hearing would close last evening, but there had been miscalculation and the hearing will be continued this evening.
 Rev. Dr. Newman Smyth was the first witness called.
 Attorney Goodhart propounded the question as on the previous evening as to what the witness had of personal knowledge that there had been any act of dishonesty or collision on the part of the city officials.
 Dr. Smyth answered in the negative and was beginning to emphasize his answer when Mr. Goodhart asked him to desist
 This brought Alderman Rourke to his feet. He insisted that the witness should answer as he thought best. He submitted to the committee that there had been a vote taken on the previous evening that the witness should be al- lowed to answer as he thought best.
 MT. Goodhart--"Do you know of a single statement in the mayors mes sage that would cause you to believe that there had been dishonorable act done?"
 pr. smyth-"Not to my personal knowledge"
 MT. Goodhart-"I understood you to say that you infer from the statements made in the Palladium that there are some passages that show collision. Is that your opinion?"
 pr. Smyth-"I stand here on my legal rights. Any judge in any court would rule that question out" (Applause.)
 MT. Goodhart-"I submit that Dr. Smyth's legal right is to answer ques- tions put to him by yes or no if he can, and I suggest that the committee so rule.''
 Alderman Rourke-t"Then I move that he do not answer the question ex- cept in his own way"
 Alderman Clarke (excitedly address ing Alderman Rourke)-"You have nun this investigation long enough"
 MT. Rourke-"O, sit down. Don't make baby of yourself"
 Chairman Darlington asked Dr. Smyth to state his objections to an- answering the question categorically.
 The witness said he could not do so in justice to himself nor the gentle men named.
 Mr. Goodhart-"I wish to ask you whether you have any personal knowl- edge or whether you wish to be under stood to state that from the inference that you have drawn, whether the may or, the corporation counsel, the alder men from the Tenth ward or the city clerk had any pecuniary interest in the placing of the advertisement"
 Mr. Goodhart insisted on a categori- cal answer
 Dr. Smyth declined to answer, and there ensued a wrangle between the members of the committee.
 The question was again put, and Dr. Slnyth asked to represent himself as counsel. He wished MT. Goodhart to take note that when he addressed the chair or the court, if the committee would assume that it was such, he would stand. When he took the wit ness stand he would sit.
 Dr. Smyth proceeded to counsel the witness (himself) that categorical an- swers could only be required as to fact He was asked for an opinion, based upon something that might be swept away with one single sentence. He was asked if he wished to be un- derstood as relying upon thus and so as bases of opinion; not whether thus and so were known to him of his own knowledge as fact
 Dr. Smyth concluded by saying that he should advise the witness to refuse to answer the question. Prolonged applause).
 MT. Goodhart-Then, Dr. Smyth you will be excused.
 Alderman Rourke-'How do you know? The committee has not said SO. :" The alderman then asked pr. Smyth if there was any more he wished to state. There being nothing further to tate, the reverend doctor retired.
 City Clerk Lyon was the next wit ness called.
 MT. Goodhart-"Have you read what is known as the mayors message on this question:"
 MT. Lyon-"I have"
 MT. Goodhart-"Do you recall the res olution referred to in the message as occurring in Edward Downes' term of office as city clerk relating to the asking for bids for city advertise ments?"
 MT. Lyon-"Yes."
 MT. Goodhart-"Do you recall when the time elapsed for the completion of the street skrinkling assessment?"
 MT. Lyon-"January 15"
 MT Goodhart-"Were they completed at that time?"
 MT. Lyon-"They were not"
 MT Goodhart-"When did you first get positive knowledge that the assess ments were complete?"
 MT. Lyon-"When the list was hand