The Birmingham age-herald., 1904-01-16

After hearing all of the testimony and the arguments in the case, Referee N. w Trimble last night. shortly before o'clock, rendered decree dlsallowing the claim of D. M. Drennen for s10o0O against the Donelson Construction company for want of consideration. The case will not be appealed to the higher court. The hearing of the claim of Mir Dren- nen against the bankrupt construction company was before the bankruptcy court four days during the present week. The first witness was introduced on Monday morning and the arguments were finished late yesterday afternoon. No session was held Thursday.
 Four arguments were made in the case. The attorneys for the claimant objected to Attorney James Weatherly a member of the sanitary commission. who had been assisting the attorney for the trustee in conducting the examination, making an argument. Captain Frank S. White rep resenting Trustee Harry w. Coffin of the bankrupt company opened and closed the argument Attorneys John H. Miller and Jesse L. Drennen, for the claimant, spoke
 
 Mir. Smith Testifies.
 The hearing was resumed before Ref cree Trimble yesterday morning at 10:3O o'clock, Ross c. Smith being the first witness to be introduced In rebuttal by the attorney for the trustee He testified:
 T know G. B. Burkhalter. MT. Fulen- wider and myself went to his house last spring and talked with him about the agreement between MT. Drennen and the three contractors"
 Objection to the testimony by Attorney Miller upon the grounds that no time had been designated with reference to the time of the visit, was overruled by the referee Attorney Miller said. in making the objection, that no predicate had been laid for the impeachment of the witness Burkhalter.
 ''I don't think we should allow this issue to degenerate into local ward political matter" said Attorney Miller.
 Referee Trmble--'I agree with you en- tirely, MT. Miller, that great deal of evidence has been offered that had no bearing on this issue. I think, however. that such an objection comes too late TOW. Like you, do not think that poli- tics should be elected into a hearing of this kind. The witness Burkhalter evad- ed the questions of the attorneys, md I do not think that you should take advan- trpe nf the manner in which your witness acted on the stand"
 Attorney Miller: "The Witness Burkhai- ter was summoned by the attorney on the other side, if 1t pleases the court, and put under the rule by the attorney for colnpan,. 1 r,p.at that | do noe lnlnlS a sufficient predicate has been laid to im- peach the testimony of the Witness Burk- halter"
 Captain White: Well, Mr. Smith, I will ask you how many times you were at the house of MT. Burkhalter."
 Mir Smith: Have never been there but once"
 Captain White: "who was with you then?"
 Mir Smith: MT. Fulenwider. We saw MT Burkhalter sitting in rocking chair when we called. Our visit was made last Feoruary.
 MT. Fulenwider remarked to MT. Burk- halter that Felix Drennen while in the office of the Birmingham Realty company, previous to that time. was laughing at the smart thing MT. Mac Drennen had dcne in drawing up an agreement with the contractors.
 BurkhaIter and Drennen.
 MT. Burkhalter told us tEat Mir. Dren- nen ,.eiephoned him several times to come 70 his office and see him. and that he finally wrcte him letter asking him to come. He said that he went to see Mir. Drenncn and that he told him that he could get the sanitary sewer contract for s100O0. Mir. Burkhalter said that MT. Drennen told him he could buy Commis- siorers Smye-, Motion, Gillsspy and Mo- Adory.
 "Mr. Burkhalter told us that MT. Dren- nen said to him that he could not insert anything in the agreement about buying the members of the sanitary commission. and would have to get around that matter in some other way. Mir. Burkhalter told us that Mir. Drennen said to him that Mir. Smyer was his attorney. Said that