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

halter said that he did not propose tc talk to me if l intended to publish it as coming from hlm. H said that he be. lleved either John Donelson or MT. Pen nington would give the information. MT Burkhalter said that he had called on MT Drennen, who Tad drawn Up the agree ment to be signed. Mir Burkbalter re. peated to me in substance that which was in the agreement. I asked If any of ths contractors had a copy. l think MT Burkhalter said that none of the con tractors had copy, and he thought that MT. Drennen's copy of the contract had l been destroyed. l then told MT Burkhalter that unless somebody would state something definite the story could not be used in the Age Herald. MT Burkhalter mentioned the names of Com. missioners Smyer, Motion and Gillespy 1T connection with the agreement. He l saiG that he had nothing to say 1 about whether or not any member of the sanitary commission could be bought As l remember, the sum of $500 vas men, l toned in connection with the names oi each of the three commissioners by MT Burkhalter. ] told him that proposed tc investigate the matter.
 Later met MT. Donelson and I think at the time I was talking to MT. Burk- halter. I asked MT. Donelson If the re. pori of the agreement entered into with MT. Drenren was true. I asked him for a stat sment about the matter, and he said that he could not afford to have anything to say in the newspapers, but that MT. Burkhalter's statement was cor rect. took the matter up at staff meeting of the Age-Herald and told the Tar fhaf f.1 t1,o t,, vestigated fully and completely. But be- fore printing anything we must have a statement from all parties concerned. We could not get a sworn statement from anyone and we dropped the matter. I did not ask MT. Drennen for a copy of the agreement nor did I speak to the commis- sioners whose names have been men, toned. I felt that the matter was a serious one to mention without additional information to that which had, No one was willing to make the charge over his name.
 Told Major Anderson.
 "I went to Major Anderson and told him that I had heard a rumor of a serious scandal in connection with the sanitary commission, Think I told him that ] would rather the sanitary commission 1 would investigate the matter. Don't re- member whether or not in the conversa- ton with Mir. Burkhater that the matter of inserting the names of the commissions CTS in the agreement with MT. Drennen was referred to. One of the reporters went out to Pratt City or Ensley to see MT. Pennington but he did not find him. II
 Cross q was not getting up any information about this matter for political purposes. Never did anything like that in my life. MT. Donelson would not make a statement for publication. was not pursuing this matter as a de tective. great many people came to me and suggested that I take up the matter In the AgeH Herald. To my knowledge MT Fulenwider was not trying to use this information in the Seventh ward l MT Burkhalter did not tell me thai he would nail 1t as a lie if I printed ir the Age-Herald anything that he had said about the agreement. I told him, think that I would not print anything about if until had secured sufficient proof
 Examination by Major Anderson
 My conversation with you was limited I only told you that I had heard rumors of such an agreement
 DoneIson Recalled.
 John E. Donelson was recalled to the stand by Captain White He testified: MT. Burkhalter told me about the time the agreement was signed that this
 
 the sanitary commission. He told me sometime the latter part of May. 1902 that we could get the contract for $10,000 He came to see me and asked If I would go into the agreement. He told me this money was to be divided among three commissioners. l talked the matter over with MT. Burkhalter four or five times. He told me that $5000 was to go to MT. ! Smyer and S2500 to Mir Gillespy and the ar,,a fa Mr. MolfOn I m paf Mf Burkhalter on the street a short while ago and he asked me to go with him up to his office in the First National bank 1 building. When we arrived there he sug- 1 gested that we get together and decide as to what we were to testify on the stand at this hearing. He asked me to refresh his memory about it, which I refused to l do. I advised him to tell the truth if he was put on the stand
 1 Cross examination:
 MT. Drennen stated to us that he was not to get one cent of the s10,000 which we were to pay hin"
 l B. O. Watkins. a contractor, was called Attorney Miller objected to MT. Watkins testifying in rebuttal of the testimony of fered by MT Burkhalter.
 Captain White on BurkhaIter.
 Captain White: "A man who lodged with us like MT. Burkhalter did is not, ir my opinion, entitled to any consideration at the hands of this court l have never In my life seen witness trihe with a court like MT. Burkhalter did. l only re- gretted that this court did not have the power to prosecute this witness for con | tempt of court I would like to see the face of the man who would even dare at tempt to defend him.
 Referee Trmble--"As l have stated be- fore. I would have taken great pleasure In punishing him. but of course would mol allow any misconduct on his part to preJ udioe the mind of the referee
 Captain White then called for MT Burk halter to again take the stand in order that A predicate might be laid for asking MT Watkins a question in rebuttal. MT Rurkhalter did not respond and Captain White said;
 I've have not dismissed this witness and have called for him without a re sponse. We therefore ask for an attach ment for him. l can prove by Mir Wat kins that MT. Burkhalter told him exact ly what he did the other contractors anc tried to get him in on it. As Mir Bnrk halter was not on hand the referee coulC not issue an attachment for him, and th' matter was finally dropped.
 In answer to questions propounded bS MT Weatherly, MT. Watkins said:
 .J went over the entire route of the pro