The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-05-31

:
he knew would mislead and deceive said
committee, and was detected therein.
Wide, Cloves Record. pages 710-713.
727)
"second-That he wilfuliy and deiiber-
ntcly gave false testimony before said
committee and was detected therein.
Compare Record, page 1855, with page
961.)
'Third-That while serving as a mem-
Der OF tho said special Board OF Directors,
and ns such charged with the duty OF
awarding contracts for supplies, he ac-
copied q gratuity from the manager OF
a company furnishing supplies to tho In
stltution. in violation OF the statute and
OF rule two OF tho rules and regulations
OF the hospital.
"Fourth--Thnt while serving as mem-
her OF said special Board OF Directors
he deliberately voted for resolution
which expressed n conclusion no stated
he believed to be false at tho time Of
said vote. pages I'll, 727, Ss1 to 1860
"Fifth-That he was unanimously de-
clnr6d. both by said investigating COM
mittee and by the Senate OF Virginia. to
DO a person UNIT to be member OF said
special Board Of Directors.'
AS to Perjury.
1.-THE statute law OF Virginia defines
what perjury ls He was not technically
guilty OF perjury, for the chairman Of
tho secret committee had no authority
to administer an oath. and the witness
tClowes) did not testify under oath.
submit that no ought not to testify here,
but cannot insist"
Colonel Anderson-"I have been longer
at the bar than my friend, and I never
heard such statement in any court OF
| law"
| any. -. x.,.......ls - 80. ~,
| record his own Ideas, and deny the
statements he has made. The secret
record Is not in evidence before this COM
| mittee. and my client Is hero to throw
| light on the questions brought forth In
| the Investigation"
Colonel Anderson said that his client
had no desire to testify. that he would
the words OF Colonel Lawless had shown
would bring all manner OF dsagreeable
charges against Mr.. Cloves
III the secret record shows anything, It
| shows that Cloves was not careful OF
himself In tho administration OF the az
fairs OF this hospital.
" will undertake TO show that he aid
not accept brides and that he was In no
| way connected with graft In this asylum
| 1t is charged that he 'whitewashed' an
officer OF this institution. I say that you
| gentlemen are here to enquire into these
matters and to report upo1 them.
Outrageous Assault.
| n submit that this Is an outrageous
assault upon this man by the counsel
OF his bitter enemy.
Colonel LaWless-'I am In no sense q
| legal adviser OF this committee, and the
members OF this committee understand
| this.
II do not agree with my friend Colonel
| Anderson): The laws OF Virginia states
| that a man who has been guilty Of per-
| Jury is not allowed to go upon the
stand.'
Colonel Anderson-"You said he was
not guilty OF perjury
Colonel Lawless--"Simply because the
| oath was not administered. But between
gentlemen and Officers OF the Legislature,
! It is we'll known. The record Is here.
It can be examined hero, now or here
after believe the people OF this Com
| tmonwealth have right to know the
character OF this man (pointing to
Clowes).
Colonel Lawless pointed out that
Schultz and Moore had testified. and that
II the committee had known what their
testimony would be, they would not have
been allowed to testify.
witness to testify then shall cooperate
with and endeavor to slit to the bottom
the charges have made.
Colonel Anderson read the statute, and
| insisted that his client was not guilty OF
perjury.
Secret Record.
Mr. Ould said that in his opinion the
secret record should not be quoted. and
he desired to know the opinion Of the
committee on this subject.
Mr. Pulliam said that the secret record
r. 70 dat "A
charges, and that therefore the remarks
OF Colonel Lawless and his illusions to
the secret record be stricken out OF the
record in this case.
Colonel Lawless then read from tho
record in this case. showing that Chair
man Sadler had ruled that the Secret
record" could be alluded to.
Colonel aAnderson-"Then It was In d.
rect violation OF the senatorial inhibition
regarding the secret investigation"
Senator Rison said he thought that Mr..
Cloves should be allowed to testify. Ho
said he was competent witness, and
his testimony should be given the weight
that the members Of the committee felt
1t Is entitled to.
AS to Misbehavior.
Chairman sadler-""The attorneys pres
ent are here at the courtesy OF the COM
mittee and any misbehavior will be
taken notice OF. do not mean to say
that there has necessarily been misbe-
havior.'''
Colonel Lawlesa-''NVl1at do you mean
by unnecessary misbehavior?' have
been the only attorney here and de-
nand to know what you mean. No living
man shall throttle me. and will demand
to be heard"
Chairman sadlcr: you will have every
chance. The chair and every member OF
this committee Is surprised at the re-
marks OF the counsel for DR.. Foster In
abiding to this Secret record The
chair must rule that Colonel Lnwless
has gone too far. The chair has no de-
sire to do injustice to Colonel Lawess.
who is his close personal friend. Tho
chair further states that there Is no rca-
son we'll founded that the witness Is not
as competent as any other witness who
has testified.
To Strike From Record.