Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-07
H-CH|EF HILLS TRIAL
Some interesting Revelations
in Testimony.
THE PROSECUTION SCORED
Established Fact One Firm Exceeded
It's Time Limit.
WAS PAID TOTAL CONTRACT
No Assessment for Damages Which
Amounted to gaia, ooo-Phila-
delphia Pushing the Case.
WAS PAID TOTAL CONTRACT

PHILADELPHIA. Pa, January Elm the
case of John w. HIN. former chief Of the
filtration bureau, on trial charged with forg-
cry and classifying records for the benefit OF
certain contractors. District Attorney Bel
today established the fact that D. j. Nc
Nichol & co. had exceeded by eighteen
months the time limit specified for the
completion OF the Torresdale filter plan.
conduit. For this, ne said, the firm was
liable to penalty of $212.OO but the total
contract was paid and the Arm was not
assessed for damages
Mr.. Bell read the specifications to the
jury. They provided for the completion OF
the conduit within nine months and I'M
posed fine of 800 for every day the work
was extended beyond the specified limit
The district attorney offered in evidence q
letter from Chief Hill to the then director
OF public works. Peter E. Costello. dated
June II, 1904.
Mr.. Hill wrote that the default of time
was 424 working days, which at $500 q day
liquidated damages would amount to $212
gee. Mr.. Hill in his letter suggested that
In view OF the fact that the conduit could
not be used until the filters were COM
pleted, and as the city had suffered no real
loss the Hquidated damages should not be
assessed This suggestion was adopted by
Director Costello, and Chief Hill. in MAX
Ing up the final statement Of the work, did
not require the contractors to pay the
penalty.
End Of Governments Case.
AT noon District Attorney Bell announced
that he had reached the end OF the COM
monWea!th's case. Lawyer Graham for the
defense asked permission to recall Engineer
spencer witness for the prosecution
The request was granted, and Spencer was
called to the stand
was the work on the Torresdale conduit
cone within the Specifications and con-
tract MT Graham asked the witness.
me work was done in thoroughly
Workmanlfke manner and according to the
specifications" replied Spencer
At this point the court took a recess.
Intention Of the Defense.
In his opening address Former District
Attorney Graham principal counsel for
CHER Hill, states that 1t was the defend
ants intention to go ON the stand and re-
late the entire story of the construction of
the filter plant. Mr.. Graham rehearsed the
various counts. and stated that the defense
would dlsprove the commemorative testi-
Inong that the contractors were paid for
work not performed. He reviewed the evil
dence thus far submitted and promised to
offset 1t by witnesses for the defense
MI Graham characterized the testimony
OF Engineer schaffhauser as unworthy OF
belief because most of it was inspired by
malice. He declared the defense would
prove that after Schaffhauser's discharge
he had made threats against Chief Hill. de-
spite his assertion under oath to the con-
trary.
@ 3 The Question at Issue.
Mr.. Graham told the jury that if they be-
lieved certain work was done and was sane
toned by the director of public works they
must say that Mr.. Hill did not commit a
forgery and did not falsify the records
1t was not a question of whether the con-
tractor was entitled to the allowance he
received, but that Mr. Hill fraudulently al
tered the statements
Concerning the specification which pro-
vided for payment for contractors plant
and tools, Graham declared that by this
method the city was protected and lost
nothing while the specifications were OBJ
served to the letter. Mr. Graham concluded
by declaring that Chief Hill had at all
times acted by authority of the director of
public works and was guilty Of no fraudu-
lent intent.
1t is expected the defense will occupy a
week in presenting it's testimony.
Witnesses from Cincinnati, Chief Hills
home. and other cities where he Is known
will probably be called to testify as to his
character.