The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-02
PRIMA FACIE CASE ON GLOVES
GEN. DAVIS SAYS ONE MAS BEEN
ESTABLISHED.


Repayment or submit Case to Knox
--Ilttauer's Attorneys Plead for Him.
WASHINGTON, Aug. edward Lanter-
bach of New York and Judge Milbnrn
Of Buffalo, attorneys for Representative
Luoius Nathan Lttauer, had long hear
ing to-day before Secretary Root. They
reached Washington this morning, &C.
companied, it is said, by Representative
Littauer. and went to the Arlington Hotel.
Messrs. Lauterbach and Milburn registered,
but Representative Httauer did not.
At the hearing to-day 1t developed that
Representative Littauer's counsel were
somewhat concerned over his health and
said to Secretary Root that Mr.. Lttauer
felt very keenly the notoristy oocasioned
by his transactions with Edmund Lyon,
the contractor who supplied the army with
gloves and gauntlets for the soldiers.
They informed the Secretary Of War
that Mr.. Littauer had taken the matter very
seriously and that 1t worried him so much
that he had lost some flesh in consequence.
This led up to an intimation by one Of the
att orneys that Mr.. Littauer desired to 60 to
Europe for his health, and an effort was
made to secure some statement from Secre-
tary Root that 1t would be proper for him 10
leave soon for trip across the Atlantic.
Secretary Root. however, gave no en-
enlargement for the voyage and did not
indicate that the presence of Mr.. Littauer
might not be needed in this country.
The attorneys then made a statement
in Mr.. Littauer's behalf, explaining from
their point Of view what his connection
was with Lyon. This explanation, it was
authoritatively said this afternoon, did not
differ from the explanations already made
by Representative Littauer and nothing
new was offered to prove that he had no
interest in the Government contracts with
Lyon.
When Judge Milburn and Mr.. Lauterbach
emerged from the private Office of the
Secretary Of War they found a half dozen
newspaper reporters and immediately
dashed out of the room, remarking that
they had no statement to make and would
give no interview.
Secretary Root, in answer to a number
OF inquiries, explained that while Repre-
sentative 1.ittauer was not on trial the
Government was, Of course, interested
in ascertaining il his interest in any OF the
lie said that he had not fully made up his
mind what course he would pursue in the
! matter, as he had not completed an ex-
animation of the testimony. nor had he
closely examined the opinion OF Judge
Advocate General Davis.
It Yves the opinion of the Secretary OF
War that the case presented three questions
, for determination:
First, whether there was evidence that
Littauer's connection with Lyon was per-
, feotly proper, in which case the matter
should be dropped; second, whether a
prima facie case was established by the
.. investigation made by Col. Darlington, but
! not strong enough to make IL his duty to
demand a repayment of the money paid
by the Government for the gloves and
I gauntlets bought of Lyon; third, whether
a strong prima facie case was made out,
leaving no doubt about his duty to make
! demand for the repayment.
! It was pointed out that il might be neces-
sary to send the papers to the Depart
ment of Justice without first making any
demands, and leave to the determination
of the Attorney General the question Of
determining repayment.
| On the other hand, if II should appear that
there was no doubt OF the strength of the
prima facie case, II would he the duty Of
the Secretary of War first to demand re-
payment of the money, and, in the event Of
a refusal by the contre ctor and his bonds
men, to send the papers to the Depart
ment of Justice for such proceedings at
law as would be necessary to recover the
money.
During the hearing to-day Judge Adj
vocate General Davis was present and he
remained after the departure Of Messrs.
Lauterbach and Milburn. He and Seore-
tary Root then wenv very fully into the
entire case.
Gen. Davis said that, in his opinion, a
prima facie case had undoubtedly been
, established. 1t is reported that Secretary
Root is of the same opinion and that after
his conference with the Judge Advocate
General the only question to be deter
| mined was what proceed ings should now
be taken.
While there seems to be no doubt in tho
minds Of the officials that proceedings
will be instituted against Lyon and his
bondsmen to recover the money, on the
theory that Representative Littauer had
an interest with Lyon, Secretary Root has
not yet determined whether he shall first
make demand for repayment or shall sim
ply submit the entire case to Attorney-Ge
eral Knox for action.
| II YVES learned this afternoon that the
case involving Representative Littauer
rests largely upon an Interpretation OF Mr..
Ittauer's statement Of account addressed
TO L. r. Lyon and dated Jan. rs, 1900, in
, which he says;
-Of which your share Of one-half equals
s., 1882"
This together with the testimony of
Lyon, who swore before the Bankruptcy
| Court in New York and also stated under
! oath to Col. Darlington that Littauer was
\ interested with him in one of the contracts,
4 is believed by Secretary Root and Gen.
! Davis to establish beyond any doubt
good prina facie case.
| II is said that, while the Darlington report
! contains a number Of afidavits and many
documents relating TO the glove contracts.
/ the really important paper 10 the fac-simile
of Littauer's statement Of account TO Lyon,
published In The SUN and showing Lit
tauer's calculations as TO the cost OF musk
rat gloves, the prices received for them and,
after deducting certain items, naming Lyons
! share of the profit ga n 7B3 a.