The St. Louis Republic., 1903-02-17
Defendants Counsel Seems Ger
tain That the Suspended Reg
lister Will Be EXOnerated.
DEFENSE WILL BEGIN TO-DAY.
Council Holds Night Session,
Which The Older Members Op-
pose and the Younger
Onel Favor.

| After a session of the City Council. which
! lasted until after 3 o'clock last night the
| city rested its case against r. r. FitzGih-
bon. the suspended City Register The
| prosecution consumed one week.
| The defense win begin examining wit
| nesses this afternoon at 4:S0. at which hour
the Council will again take up the trial.
| The chief testimony yesterday fur
| nlsned by Adolph y. Hunz:ker of the
| Woodward & Tierran Printing Company
! and George w. Lowell and S. ID. McCallum
OF the Buxton & Skinner Stationery Com
| pany, which was in line with that given by
| ether printers previously examined, to the
| effect that prices charged by certain print
| els on contracts awarded by FitzGlbbon
We're higher, in their judgment, than the
| work Was worth.
On cross-examination. however. the wit
nesses admitted that they had not taken
| into consideration. in figuring their esti-
, mates. the number of changes which were
required in the original work. the addi-
tional cost OF emergency and the quality of
material used. all CT which. they said.
would have made difference in their esti-
mates.
James r. Harris. Chief Deputy Assessor
and Collector of Water Rates. the last wit
ness for the prosecution, stated that he
had rejected several printing bills because,
in his opinion. the prices charged were eX-
orbitant He said he had succeeded in
having several bills reduced before they
were paid by the city.
In reply TO question from Attorney
Campbell the witness stated that he knew
nothing about the value of printing, but
that he had judged the prices for certain
printing to be exorbitant by COMPARISON
SUMMONED 100 WITNESSES.
The defense announced that il would be
ready to proceed with the case this after
noon.
In summing up the testimony of the va
rious witnesses for the city. Perry Post
Taylor. City, Attorney. VINO has charge of
the prosecution. stated that in his opinion,
4 song case had been made against FitZ-
Gibbon.
The Mayors former secretary. Mr.
McConkey. who framed the charges and
who occupies a seat behind the City Attor-
ney while the trial Is in progress, is also
confident that the charges have been sub
Stantiated.
Given Campbell, who represents FitZGib-
bon. entertains different view of the case.
THE city has failed to prove that FitZ-
Gibbon awarded contracts at eXhorbitant
prices. and its witnesses have sworn that
so far thev know he did not commit
corrupt act" said Mr. Campbell after the
prosecution had rested its case.
THE witnesses have all admitted that
they figured en- these jobs long after the
contracts had been awarded. and at the
request of McConkey, who drew up the
charges.
Il intend to show that FftzGibbons obeyed
the letter of the law and saved the city
large sums of money.
FitzGbbon has nearly 100 witnesses sum-
moned, including the heads Of nearly every
city department. Mayor Wells has also
been summoned by the defense, and it is
not likely that the trial will close this
week, unless there are more night sessions.
There is q division of sentiment among
the Councilmen regarding the holding of
night sessions. The older members oppose
the proposition. while the younger members
desire to get through with the tedious ex-
animation as soon as possible.