The Birmingham age-herald., 1904-01-10
REFEREE CONTINUED HEARING IF CLAIM Drennen's Attorney Answered Not Ready to Proceed COMES UP TOMORROW Members of Jefferson County Sanitary Commission Have Been Summoned
 By Trustee to Appear as
 Witnesses.
COMES UP TOMORROW

will contest the claim of MT. Drennen, announced ready when the case was call ed, but the attorneys on the other sloe asked for continuance which was granted upon two grounds. MT. Drennen claims of the Donelson Construction company the sum of NO,- 900 on an alleged agreement by which ne was to receive this amount from the Donelson Construction company, the Pennintgon Construction company and c. M. Burkhalter & Co. for actig as adviser for the three firms in securing certair contracts from the Jefferson County Sanitary Commission.
 Additional Witnesses. Yesterday afternoon the attorneys for the trustee furnished Clerk Allison of the United States court with an additional list of witnesses to be sumoned to testify at the hearing before Referee Trimble to- morrow. This list includes the officers and members of the sanitary commission, as follows:
 President Frank Y. Anderson, Secretary R. B. Smyer, and Commissioners Robert Jemison, M v. Joseph James J. Smith, Thomas H. Motion, James Weatherly, E. J. Smyer, Chambers McAdory, c. A. No Ian and James Gillespy. deputy Unit ed States marshal secured service on a majority of the commissioners yesterday afternoon.
 It will be recalled that the sanitary commission at its meeting on last Tues day afternoon approved of the action ta- ken by President Anderson in addressing | a. letter to the attorneys for the trustee asking for full and complete judicial | investigation of the claim of MT. Drennen and offering the services of the members of the commission in securing a full in- vestigation.
 The attorneys for the claimant have | not, so far, asked for any witnesses to be summoned by the clerk of the court Probably twenty persons were in the court room in the Federal building yes- terday morning at Il o'clock when the case was called by Referee Trimble Among those present were John E. Donel- son. president of the Donelson Construc- | tion company, and Julian Kendrick, chief l engineer of the Jefferson County Sanitary l Commission, Trustee H. w. Coffin of the
 4snkrupt construction company, D. M- 100 nen, the claimant, J. L. Drennen, at '9 sss Or the claimat, Capt. Frank s. ,a~A., -t6e' Frank S. White, Jr., attorneys .F IT n C ts and others.
 stated that he had al-
 ,sl IS presented against
 't af prima facia and 'n the part of the 70; creditors of the firh. fhite that it would be nec> .tenographer to take down the n the case. Capt Whit. rmed the court that of two witnesses who could be secured immediately. The trustee summoned John E. Donelson, E. B. Pennington and G. B. Burkhalter, the heads of the three contracting firms involved, and Chief Engineer Julian Kendrick as witnesses. Attorney Drennen stated to the court that he would like to have an announce ment from the other side. To this Capt White replied: We are ready but may ask the indulgence of the court later, to secure witnesses" Claimants Attorney Not Ready.
 
 pleases the claimant desires to announce not ready. I have been engaged for the past week in settling pleadings in the county courts and have one very impor- tant case which is before the court this morning, and demands my attention. For me to fail to settle the pleadings in this case would be to throw away the rights of my client.
 T have had no opportunity in this case. The only papers filed by the trus- tee that I have seen were the objections to the allowance of the claim. The name of John H. Miller also appears as an at torney for the claimant in this case. He asked me to please state to the court that he is unwell and unable to be here this morning. The papers to reconsider and expunge the claim were served on MT. Miller. I, therefore, ask for continu- ance.
 Referee Trimble-"Did you say that you was engaged in the county courts on yesterday on the particular case to which you refer?"
 Attorney Drennen-"Yes. sir. And the matter went over until this morning."
 Continuing Attorney Drennen said
 It does not appear to me there Is any pressing necessity for taking up the re- examination of the claim. It Is mat ter however that I think should have a fuli investigation before f1nal decree is made.''
 Much Publicity.
 Referee Trimble said that great deal of publicity had been given the claim of MT. Drennen in the newspapers. To Att torney Drennen he said: Relative to an investigation of the case, and I believe you used that word, the referee would state that the only investigation to be made by the court is concerning the vali- dity of the claim.
 Capt. White said that he would be glad to accommodate the attorney on the other side but that he thought the claim should be taken up We made an effort to have the hearing sf st Saturday" said the r. Miller said that time snient for him. The hear itponed until today
 'T ,s and witnesses in the feel sure the set tin i'll extend into an- oth' to insist upon going into
 R Id that the most im- DOT issue. relative to a cor caring, was the sick nes Miller. T think the ms lrd.' said the referee.