The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-20
ARRESTS MAY BE ORDERED
ON THE GROUND THAT THE REGAL
CITRANTS ARE IN CONTEMPT.
Legality of the Investigation Commit
tee Questioned-LiveIy Time in
the Legislature Probable.

election or OnlLeu states senator reached -
crisis tonight. No matter what may be the
final result of the investigation, there will
likely be several witnesses arrested for con-
tempt. The committee had seven witnesses
subpoenaed for tonight, but they were not
all examined because none of them would
testify
The Senate committee last night examined
Samuel Pentland Frank p. Ross, W. f.
Truesdale and Shepherd NJ Dunlap, who
then asked to confer with their attorneys,
and were excused till tonight for that pur-
pose. When they appeared tonight they
said that their attorneys held that the SEN
ate had no jurisdiction in the investigation
| of the alleged bribery of member of the
| House, and had advised them not to answer
! any further questions before the commit
| tee. They all followed the advice of their
attorneys, as did Mr.. HolIenbeck, who was
not on the stand last night. When the COM
mittee found that the advice of attor-
neys was being followed uniformly by all
witnesses called the open session was closed
and the committee went into executive ses-
sion on plans for further procedure.
The Senate chamber was crowded while
the committee in open session attempted,
from 1880 to p. m, to examine witnesses
The witnesses did not decline to tell the
name of their counsel, and their replies
| showed that most eminent lawyers had been
engaged in the case. The charges of
| bribery were made by Representative Otis
| and the resolution in the House was adopted
| by only fiftyfour affirmative votes,
| jority of quorum only. There are 109 mem
bers, and any measure requiring the ex-
penditure of money requires fifty-ive
affirmative votes, or a majority of all. AS
| the House committee cannot employ a
stenographer or do anything else causing
the expenditure of money, it is unable to
proceed. The Senate, by Senator Burke
voting with the Democrats. then adopted a
resolution to investigate the charges That
body has thirty-six members and is tie
politically. BY Burke voting in the affirma-
tive the resolution was adopted-19 to IT,
These resolutions were offered in both
bodies or the day of Senator Hannas cleo
| tion. They were offered before any ballots
were taken, and were expected to cause a
| deadlock postponement of the election
| 1t is not denied that the House has jurisdic-
ton, but attorneys have told the witnesses
that the Senate has no jurisdiction and that
they need not reply to their questions.
DECLINED TO ANSWER.
The members of the House investigating
committee were present tonight and they
were requested to ask questions but none of
them took any part. Judge Robertson, who
has served with distinction on the bench at
! Cincinnati. is member of the Senate COM
mittee and is prosecutor. He himself
out tonight in asking questions and getting
the monotonous reply, ION the advice of
counsel L decline to answer" Chairman
Burke, Senators Lang and Finck did their
best to draw out the witnesses, but to no
avail. After the four others took their
turns Senator Garfield would close each ex-
animation by asking: do you decline to
| answer questions because your attorneys
| say this committee has no jurisdiction in
| this and has so advised you?' The
reply was in the affirmative and the wit
ness was excused Each witness was told
| that he was held under service by the COM
mittee and should report tomorrow night
at 1880 or sooner if called for.
Among the cases cited is that of Daniel
Dalton, who was subpoenaed in 1886 to
bring forged tally sheets before a legislative
committee. Dalton refused and was brought
before the House for contempt. Dalton was
subpoenaed to produce public records in his
custody, and the witnesses tonight claim
they are asked to produce private property.
As the committee will make a partial re-
port to the Senate tomorrow a lively time
] is expected. The committee will ask the
| Senate to punish the witnesses for contempt
and to give the investigators full authority
5. ID. Holenbeck, of Chardon auditor of
Geauga county, end member of the Repub-
lican state executive committee was the
hrst witness. He refused to answer any
questions propounded by Judge Robertson,
the prosecutor Of the investigating commit
tee. Senator j. j. Sullivan az his attorna<y
had advised him not to answer any uues-
tions and he declined to answer dozens of
questions. After the monotonous replies
| TrnE 70 Ind EO.-1,a
time. Chairman Burke took up the exami-
nation and he met with the same refusals
Lhen senators Fincke and Lang took their
turns with like result hClenbeck was re-
peatedly asked if his son was in the en-
ployment of Senator Hanna. and if his son
d!d not carry funds from Columbus to Gin
cinnati. Representative Otis resides in Gin
cinnati and made the charge under which
the investigation was instituted Mr. Hol-
lenbeck was first excused till tomorrow
night. His counsel, Senator Sullivan, stated
that Mr.. Hollenbeck was very sick and his
physician insisted on his returning home.
Mr.. Hollenbeck was then excused subject
to the call of the committee.
t1os,I oanlueI FentIand a proprietor OF the Neil
quarters, promptly stated that on the ad-
wise of his attorney he declined to furnish
his books or answer any questions. 1t is
understood that Judge OKey was Mr. Pent-
lands attorney After Judge Robertson
tried to examine The witness chairman
Burke asked Pentland If he had NOT elected
Detective Garner from his hotel while Sen
ator Hanna. Major Dick and others were
1
er Senators Lang, Fincke and Garfield took
their respective turns, the witness was Civ
en- till 1880 tomorrow night TO appear before
the committee again and obey his subpoena.
LACKS JURISDICTION.
Shepherd NJ. Dunlap manager of the
Western Union Telegraph Company sub
mitted written statement that he had con-
suited his attorney, Emmett Tompkins, and
would decline to produce copies of messages
answer any further questions on the
ground that the committee had no jurisdic-
tion Judge Robertson asked him specih-
| caIly for messages signed II. D." Mr.
/ Dunlap declined to make replies and re-
| ferred the prosecutor to his written state
ment. Chairman Burke Senators, Lang
/ Fincke aud Garfield took their turns with
/ no results. when the witness was excused
/ till 7:30 tomorrow night.
Frank J.. Ross. manager Of the Telephone
/ Company, taking the stand, Immediate
i ~ announced that the advice Of his at
4 torney. Judge Gilbert II. Stewart he would
decline to produce his records or answer any
/ further questions. Judge Robertson pro-
ceeded to ask him about Fl. II. Royce. $.