Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-09-02
BRIEF TO BE FILED
ATTORNEY FOR MR.. STUTLER TO
REVIEW CASE
Decision on Charges Against Superin-
tendent of Street Cleaning to Be
Rendered in October.

The investigation into the charges of NAL
administration against Warner Stutler,
superintendent of the street cleaning de-
partment was brought to a close at
o clock yesterday afternoon. Judge Cole.
attorney for Mr.. Stutler. announced that
he will submit his brief in the case tomor-
row. andsit is expected that the Commits
sioners will make their decision in the mat
ter shortly after the LIST of October, when
Mr. mcfarland returns from his vacation.
Mr.. Robinson stated that he did not desire
to submit any brief in review of his side
of the case.
The session late yesterday afternoon was
occupied by the presentation and explana-
ton of statements by Mr.. Stutler relative to
the amount of extra work performed in diff
ferent years by the various contractors. Mr..
Robinson also presented and explained state
ments relative to this work in support of
his charge that Stutler had favored Con-
tractor Rusk by giving him large amount
of extra work.
Mr.. Robinson contended that, according
to figures compiled from MIR. Suffers re-
ports. during one year the extra pay was
about the same for several months.
Mr. Stutler stated that during this year
the force of street sweepers about the mar
ket were paid for extras"
Mr. Robinson stated that since the last
hearing he had examined the records In
MIR. Suffers office and found that the de-
auctions in pay, which Mr.. Stutler said he
had made. and the failure to make which
had caused the dismissal of an inspector
We're not shown on the records within
three months of the time the man was dis
charged and he doubted if they were made
at all.
The records were sent for. but Mr. Slut
Ter could not find the deduction on the
schedule. He stated however, that the de-
auctions would be noted on the vouchers
that were sent to the auditor, and he
was granted permission to submit these
to the Commissioners. together with any
other documentary evidence on the matter,
today.
Mr.. MERGERS Statement.
This morning Mr. Stutler presented to
the Commissioners the vouchers referred
to and other records. together with state
ment from Chief Clerk Mercer, explaining
the matter of the lexington deduction.
Mr.. MERGERS statement is as follows
Relative to the failure of Inspector O'Don-
mel to deduct the area of streets in Eckng-
ton when they were not swept and your order
to me to deduct same. l have to report that
schedule number . on which the area in
question was listed, had been made up
when the discovery was made that Ecking-
ton addition had not been swept 1t was
then too late to deduct from schedule num-
Der and the Enckington addition was
swept later in the week on schedule num-
be" L. thus making schedule number 2
square.
Personal Relations Disclosed.
The examination of Inspector William E.
Dubant yesterday developed that Mr. Du-
bant and Mr. Stutler and their families
had been very friendly terms up until
a year ago. MIR Dubant testified to loaning
about $500 to Mr.. Stutler which, he de-
clared. had all been repaid. He also adj
United that on one occasion he had Dor
rowed $40 from Mr. Stutler.
witness said that about a year ago Mr. |
Stutler requested him to get the money
from Mr.. Rusk to pay the letters en- |
ployes on street cleaning, and that he CDu-
banO objected to this saying that there
ought to be a line drawn between the con-
tractor and the Inspector. After this al |
lodged incident, witness said. Mr. Stutler
acted rather coldly toward him.
Dubant was questioned relative to the
charge that he had made threats of per-
sonal injury against Mr.. Stutler. He said
he knew he had never made any threats |
against Stutler to his face. 1t never got |
that bad he said |
Did YOU ever make any threats behind |
his back" asked Mr.. mcfarland.
No; m not that kind of man. Wit |
ness however declined to say positively that |
lie had not made threats against Stutler.
Mr.. Stutler Corroborates.
Dir. Stutler corroborated Dubants testi- |
mony relative TO the former friendly rela-
lions between himself and Dubant. He also
admitted borrowing money from and loan
ing money to Dubant. He said, however,
that about year ago he declined to recon-
mend Dubant for the position of chief in
spector, and that since that time the in
spector has been unfriendly toward him.
In reply to questions from Mr. Robinson,
Stutler said he had borrowed money of
Inspectors Claggett and Beymer more than
three years ago. and also from Mr.. II. p.
Bayly at present manager for Mr.. Rusk.
Mr.. Stutler said. however. that Mr.. Bayly
at that time was manager for Mr. War
field the garbage contractor, and the gar
bage collection was not then under his de-
partment.
Mr.. Stuter said the inspectors in his of
flee number Of years ago gave him sur
prise party and presented him with a fine
smoking set. He doubted the proprety
of accepting the gift, but the Commissioner
over him thought 1t was perfectly proper
to accept gift given in the manner men,
toned.
Mr.. Ready's Testimony.
NJ. r. Ready. contractor for removing
ashes from District buildings, was called
to the stand 10 testify with reference to one
of Mr.. Robnsons charges that Mr.. Stutler
had endeavored to interfere with Ready's
getting the contract for removing ashes.
Mr. Ready said Mr.. Stutler had not in
terfered with him in any way in the matter
OF his getting the contract. He said that
after he had secured 1t he wrote Mr. Slut
Ter asking permission to use the District
dumps. and Mr. Stutler declined to give him
permission to do on account of the fact
that the dumps were rapidly filling up.
Was IL necessary that you should have
the use of the District dumps?' asked Mr..
Mcfarland
1T was not. l merely thought l might
have TO them and wanted TO get per-
mission in that event"
UNDESIRABLE RECRUITS