The herald., 1897-12-09
did not object to this and It was turned
over to President Mathis, who marked
1t so as to be able to identify 1t in future.
WHOM DAVIS REPRESENTED

over to President Mathis, who marked
1t so as to be able to identify 1t in future.
WHOM DAVIS REPRESENTED
The question as to whether Attorney
Frank Davis had really represented AK
tell or was in fact Webb's attorney dur
Ing the Axtell trial occupied half an hour
and then was not settled. In response
to questions Axtell said that he had not
engaged Mr.. Davis and considered him
his attorney only to a certain extent He
asserted that 1t was his opinion that
Webb was interested in the employ
ment Of him and that 1t had been done
In line with the agreement that Webb.
Axtell and Adams were to stand togeth-
err The defendants attorneys asked II
A.xtell was willing to waive all claim to
the rule as to the confidence between at
torney and client and would consent to
Mr.. Davis testifying In this case. For
Il long time he refused to consent to this,
but finally said that he had no objec-
tions II Mr.. Davis would not mention the
grand jury matter and what he (AxtelD
had told him about it.
The matter OF Axtell's having assisted
Director McInerny in securing plumbing
supplies and work at school prices was
then taken UP, and after making the wit
ness tell that part Of his story again,
the attorneys for the defense produced
a requisition which they asked him to
Identify. He did so, saying that 1t was
the requisition on which the goods had
been secured from the w. c. Furrey
company. Director Davis asked to see
the paper, and 1t was handed to him.
TIe examined 1t closely and discovered
that 1t had been duly stamped by the
secretary after having been issued, and
was therefore a part Of the school de-
partment records.
SCHOOL RECORDS ASTRAY
II demand to know" said Mr.. Davis,
''how 1t comes that q portion of the
papers Of this board appear here In the
hands Of a private Individual. 1 want
to know how and where this was OBJ
tained. II outside parties have access to
our papers and can remove them from
the office without the consent Of the
board, want to know It."
Mr.. Conrey stated that the secretary
had told him but moment before that
that requisition had been In the hands
Of Mr.. Webb ever since he had received
It from Mr.. Axtell. Mr.. Davis insisted
upon an explanation To have made
one would probably have disclosed a
point which the defense intends to
spring later. and the attorneys for Webb
promised that when he went on the
stand In his own defense he would tell
all about the matter In a satisfactory
manner. This did not seem to wholly
satisfy the board, and Webb himself
took hand in the matter. He arose and
said: II will make an explanation that
will satisfy you when I testify in my
own behalf will say now that that
requisition has been in the keeping Of
the secretary Of the board for a long
fapart from the other acquisitions"
: This was or appeared to be directly
opposite to what Secretary johnson had
told Mr.. Conrey, and johnson explained
that 1t was true that 1t had been in his
safe, but still 1t had been in Webb's
possession at the same time, for it was
kept in a scaled envelope. with Webb's
name on 1t. Johnson had supposed the
envelope contained private papers and
had not opened 1t.
The defense had another surprise,
which they at once used. They asked
Axtell all about his having signed a
resignation which Webb had prepared
for him, and he again told Of that mat
ter.
He was asked II there was not another
paper which he signed and said: "Webl,
came to me with two papers. One Of
them he read to me and 1t was my resig-
nation. He told me to sign 1t and I did
so and he put It In his pocket, saying he
would keep It and use It II necessary.
The other paper did not read and he
did not read 1t to me. do not know what
was in 1t. 1t was typewriter. Isigned
1t ALSO"
A MYSTERIOUS DOCUMENT
A paper was then produced and care
fully folded, so that its contents could
not be seen, but leaving the signature
prominent 1t was handed to Axtell who
was asked whether he could identify the
signature as his own. He was not shown
the entire paper and demurred, saying
that before answering he should be
| allowed to see what the paper contained.
This the attorneys for the defense would
not consent to and Mr.. Gibbon, taking
the witness part. said: This matter
savors too much Of trickery to be per-
mitted here"
Mr.. Meserve was on his feet in an In
stant and hotly demanded If Mr.. Glib
bon meant to say that he would resort to
trickery. II am not here for any such
purpose nor would stoop to trickery."
he exclaimed. Mr.. Gibbon explained
that he had not referred to Mr.. Meserve
and mentioned the efforts that had been
made to create the inference that he had
coached witnesses after they had testi-
fed, so as to make their memory clearer,
when in fact all he had done was to say
to Axtell in response to question, that
he (AxtelD, had perfect right to make
any explanation Of his testimony he de-
sired. This was with reference to AK
tells opening statement about the mis-
take he had made in mentioning Secre-
tary Johnson's name. What promised to
be long wrangle between the attorneys
was stopped by Mr.. Conrey, who in
sisted that the examination proceed.
DID DOUBLE DUTY
The surprising admission was then
made by Axtell that on the one requisi-
tion there had been two bills of goods
ordered. One Of them had gone to Mr..
McInerny and the other had been placed
among the school supplies. and later the
goods were used on the Vernon school.
| In answer to questions Axtell swore
that he had never told any contractor at
any time that he would have to pay for
his contract and that he had never made