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

discuss enc feature bAs did not care to thrust nimssIf into the case.
 Attorney Miller: 'T don't think that MT | Weatherly ought to ask the court to al- LOW nm to argue the case I doubt tho propraety of him making an argument"
 Captain White Speaks.
 MT Weatherly withdrew and Captain White commenced to speak. He took up the validity of the agreement. immediately setting forth the details The illegality or this agreement is stamped upon it's lace, said Captain WI te because MT. Drennen was to receive z1ooo0 for securing contracts. MT. Drennen tells yni on oath that so far as earning the consideration that he only did three hours work. I do not have to cite your honor to the law showing that if s1 of this amount was to 20 1ot Immoral purposes. that the agree ment on It's face would De void. How on earth could s10000 be earned for advising men few days"
 Captain White declared that Mir. Donel- son did not have any financial interest in the affairs of the Donelson Construction company bankrupt He said that Mr. Donelson spoke fairly and frankly on the stand of the agreements contract by | which this money was to be used on three membe.s of the sanitary commits sion He said that he did not propose to say that this money was to go to the members of the commission. but on the other hand to say that he did not believe any influence could be brought upon the members of the commission by a money consideration. Captain White paid a high tribute to the members of the sanitary commission.
 He said; "Mr. Drennen denies the statement of MT. Doneson and MT. Pen nington and brings to his aid Mir Burk- halter who evaded the questions pro- pounded and trified with the court If this was fair and square, why did this witness pursue the course which he did? | When moneey is at the bottom of it, and the truth cannot be told, there is only one thing to do when the witness gets on the stand and that is to evade the questions and make joke of it. You can give but little credence and place but little faith in such a witness We put three business men far above | reproach on the witness stand to contra dict the testimony of MT. Burkhalter. I refer to MT. Smith, MT. Fuenwider and MT. Barrett He made to them substan- tially the same statements that he made to MT. Done1son and to MT. Penning | ton.
 If the court pleases under the evi- dence you can arrive at but one con clusion and that is there was no con- sideration unless it was for illegal and immoral purposes" Captain White spoke for thirty minutes.
 MT. Miller Speaks.
 Attorney Miller, who opened for the claimant, said that he was satisfied that Captain White had not studied the con tract. 'I want to read 1t line by line," said he, "and show there is no intima- tion expressed or implied that MT. Dren- nen was to make an effort to secure the contract for the Donelson Construction company, the Pennington Construction company and c. M. Burkhalter & Go. from the sanitary commission. He was | to only act as adviser and under the terms of the agreement he was not com pelled to go and see any member of the sanitary commission about the matter. There was nothing illegal in MT. Dren- nen agreeing to act as adviser. If MT. | Drennen is entitled to a part of this amount allow it; if he is entitled to all of 1t allow 1t, and if he Is not entitled to any of it, disallow 1t, your honor. and | let the matter go. All of the contractors agree that they signed the contract.
 'Mr. Donelson tells you that $50O0 was to go to MT Smyer and the other $50O0 to other members of the commission, two | other members I should say, and that D. | M. Drennen was not to receive one cent of | It. That witness comes before your honor and states with forethought that he delib- erately signed the contract and just as ] deliberately says: T never intended to carry 1t out-legal or illegal Pennlng- | ton tells you that he never heard from | the lips of MT. Drennen that one dollar | was to go to the members of the comms- sion. MT. Drennen tells you that Mir Burkhalter came to him about the matter and said that the three contractors could not manage the big contract and wanted | his help. He tells you that he agreed to help them by furnishing ready cash by | endorsing their notes and furnishing them material and supplies for $10,000."
 Attorney Miller declared that he could not conceive how any sensible man could agree to do anything like this and not make anything out of 1t. Referee Trimble | said that he agreed with Attorney Miller on this matter unless Mir. Drennen ex- pected to make money by furnishing ma teria1 and supplies.
 "1t is as clear as the light" said Att torney Miller 'that MT. Drennen was not | to influence any member of the sanitary commission in the awarding of the con tract, but to only act as adviser in carry ing out this s900.00O contract"
 Attorney Drennen.
 Attorney J. L. Drennen followed, say ing in his opening remarks that for the | reason of personal relations with the | claimant that he would confine himself to the law on the case. Like the other attor neys, Mir Drennen reviewed the agree ment entered into between MT. Drennen and the three contractors. He said that no reference was made in the agreement about influencing the members of the san itary commission that no intimation was | made in the document that MT. Drennen | should even talk to any member Of the commission By the agreement, he said, the claimant was only to advise with the contractors He said the testimony of MT. Burkhalter to the effect that MT. | Drenen rendered services to the contract ors was undisputed Tn equity. I really think Mir. Drennen should at least have back the $500 which he spent for the ben eft of the contractors He spoke for fifty-hve minutes.
 Closing Argument.
 Captain White then closed the argu- ments. He said the law relative to promis . sorry notes had nothing to do with this