Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-10-07
D R. H YES Ell D
fhe Controversy between the IA
Commander and Mr.. Gee. 8,
Emery-Lively Hearing.

Judge Kimbail OF the Police Court this
afternoon held DIR. Joshua r. Hayes a
medical examiner In the pension Office. for
the action OF the grand jury to answer q
charge Of criminal lfber preferred by Mr..
George 5. Emery. "A clerk in the sixth ar-
ditor's Office. Treasury Department The
personal bonds of DIR. HAYES were .,cccnt
ed to guarante his appearance when want
ed, Judge Kimban rcmarkiny as he took
the action stated: Il dislike very much
10 nave to rule In this manner in The case
or comrade. but being merely a commit
ting magistrate It Ia the only course left
open to me-"
Il court the fullest investigation" re-
marked DIR. Hayes
Both DR.. Hayes and Mr.. Emery are very
wei known I'm local Grand Army Of the
Republic circles. Dr. Hayes was formerly
commander and Mr.. Emery was formerly
quartermaster OF Potomac Post No. Is,
department. of the Potomac. G. A. r.
Mr. Emery Monday last secured a war
RANT Tor the arrest of DIR. Hayes on a
charge of ntel. the offending paper, ad-
ores ed to the Secretary OF the Treasury.
oetaiiag that Mr.. Emery had been ex-
PEELED from Potomac Post for appropriat-
Ing to his own use the funds OF the post.
ana would therefore not be eligible to MEM
bership In any Grand Army post anywhere
in the land. In view of the circumstances
1t was stated, he " as not open TO appoint.
ment to position In the Treasury Depart
ment unoer the rule providing for the iein-
statement OF old soldiers. The case has
attracted widespread attention.
The proceedings In court this afternoon
were unusually brief. When called anon
TO plead by the clerk DIR. Hayes said: II
charge OF libel"
Mr.. Emery was placed on the stand He
testified that the communication to which
exception has been taken reached him
no
He offered in evidence the original letter.
winch was reproduced in The Star Tuesday
last. and declared that the statements con-
tanned therein were false, malicious and
libelous.
Addressing the court Dr. HAYES expla,n-
ed that what he had stated in the letter
We're merely facts taken from the record
OF fotomac Post, when he was commander
OF the organization. The action of the
post was properly set out in the letter.
Assistant District Attorney Mullowny an
ncunced that he could place on the stand
witnesses to show that Mr.. Emery had
The matter then resolves itself into a
technically" said DIR. Hayes. He was
dismissed by a resolution"
That resolution WAS merely offered"
added Mr.. Mullowry. land was afterward
exDunged from the records"
Il did not know that the resolution had
been expunged when I wrote the letter."
next said DIR. Hayes.
The proceedings in court were preceded
ly an investigation in the Office of the as
sistant district attorney, that consumed
considerable time ard was interesting and
lively throughout. MIR. Mullowny made a
strong effort to settle the matter out of
court, but was unsuccessful, as he later
stated to Judge KimbaI Personalities
were freely INDUCED in by the parties con-
cerned. who made no effort to mince words
A large number of the members OF Poto-
mac Post were present The words Tie
and false" were frequently called into use