Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-05-26

through his attorneys, sought to show by
their cross-examination Of Senators Gray,
LINDSAY. Lodge and Davis. the members
OF the investigating committee, as well as
by their obJectiors to certain Of Mr. Davis
INQUIRIES. that the question set out in the
indictment was not committee question
but merely a personal inquiry made by
Senator Allen, and that. therefore. the
question was not such as required an an
swer. Then. too, the defendants counsel
insisted that the question was not a per-
tinent one In support Of that contention
MI Haveneyers attorneys developed that
ne knew of 10 contributions having been
made by his company, miscalied he ex-
planned. the sugar trust to the national
campaign. Nor had the company attempt
ed TO influence the election of any United
states senator. contributing only to secure
the ordinary fire and police protection
Inc testimony of Senator William Lind
say OF Kentucky showed that while Mr..
1aVemeyer at first expressed a willingness
TO answer every question, he did refuse to
go into details. The senator explained that
there was difference of opinion among
.ne members OF the committee IS to the
pertinency and propriety of the question,
but 1t was decided. although not by the
1ormaifty OF vote, that the question
should be asked.
Committee Question.
On cross-examination Mr.. johnson en-
deavored to show that the question in Is
sue was a personal one on the part Of Sena-
tor Allen. but the witness could not so
agree Then Mr.. Johnson attempted to
show that the defendant did not understand
that it was committee question, but Mr..
Davis objected that. even II that were
true. that would not excuse the defendant
Judge Bradley sustained the district at
torney's objection. intimating that 1t mat
tered not what Mr.. Havemeyer thought IL
the question was pertinent one.
Senator Henry Cabot Lodge of Massa-
a nf ha Inv
Ing committee, followed as a witness. He
said the question at issue was first asked
by Senator Allen. and the next day by
Chairman Gray, by direction of the COM
mittee and as its mouthpiece. Senator
Lodge identified the printed report of the
committee, containing Mr.. Havemeyer's
testimony. remarking that his recollection
substantially agreed with the printed re-
port
The last witness examined by District At
torney Davis before the adjournment of
the trial was another member of the In
vestigating committee Senator Cushman
K. Davis. He fully corroborated the tes-
tfmony of Senator Lodge, stating that Mr.
Havemeyer explained that upon advice of
counsel he would decline to go into details.
Senator Davis also stated that the defend
ants refusal was reported to the Senate.
Opening Proceedings.
Upon the resumption of the trial this
morning District Attorney Davis excused
had summoned in the case against Mr..
John 8. Shriver, the Washington repre-
sentative of the New York Mail and Ex-
press. who also stands indicted for refus-
ing to answer certain questions asked him
by the Senate committee. Mr.. Shriver's
trial Is expected now to follow the present
one, and in anticipation Of the trial Mr.
X. G. Alexander. the editor-in-chief of the
Mail and Express, was In court today Mr.
Emory Smith Of the Philadelphia
Press is expected tomorrow. In anticipa-
tion of being called as a government wit
ness, Mr.. Elverton r. Chapman was again
brought up from Jail this morning and ap-
peared to greatly enjoy his outing. As
on yesterday. the defendant was neatly at
tired In a plain business suit Of black He
sat directly back Of his counsel, always
deeply interested In the proceedings, but
rarely conversing with them or with any
one else. The indicted secretary Of his COM
pany. John E. Searles, sat near his chief.
Before proceeding to call another witness
District Attorney Davis Offered a certified
copy this morning of the journal Of the
Senate. referring to the report of the COM
mittee upon the defendants refusal to tes-
tify. and after some argument 1t was adj
mitted. Then Mr.. Davis offered the printed
report of the committee In evidence, it
having been identified yesterday by the
members of the committee. in order to es-
tablish by additional evidence the proceed
tngs before the committee.
Counsel for the defense promptly object
ed. on the ground that the report was not
the best evidence, and, therefore. inadmis-
sfbie. A long argument followed, Mr..
Davis and Mr.. Baker contending that such
a document Is made by the Revised Stat
utes admissible as evidence, a contention
denied. Of course, by the other side.
In disposinG Of the objection Judge Brad
ley said that II Mr.. Davis contention was
ard of the senators who had testified in
the case had been wasted, for then he
would only have been required to place in
evidence the printed report. In the apos-
tolic days, he remarked, clothes touched
or worn by the apostles were regarded as
possessing unlimited healing powers In
fact, everything touched by them was rev.
erently regarded. Their days have passed,
however. and they left no successors. SO,
the mere fact that the Senate committee
had touched with their approval the print
ed report of the defendants testimony did
not remove the objection that 1t Is not the
best evidence Of what he said. The de-
PENDANTS objection to its Introduction in
evidence would. therefore. be sustained
AZ a result Of the courts ruling District
Attorney Davis was compelled to recall
Stenographer Prentiss. who took down part
Of the testimony Of Mr.. Havemeyer before
the committee. the rest Of the testimony
having been taken by Stenographer Miller.
Counsel for the defense desired. Of course.
to follow the reading by Mr.. Prentiss Of
his original notes. but the paging Of the
Indictment and the printed report Of the
committee did not agree. and for more than
an hour the trial was suspended while
tablish the connection. It could not be
done. however. and an agreement was
reached between Mr.. Davis and counsel
on the other side by which part OF Mr..
Havemeyer's testimony was read from the
printed report
Mr.. Havemeyer's Admission.
The part read showed that Mr.. Have.
never admitted that hia rovnnanv Nnr.