The Washington herald., 1907-02-01

Senator Elkins was the chief witness
yesterday in the suit brought against him
Iby Robert Burton and George A. DubreuiI.
Of Baltimore, to recover $4,000 for ser
vices they claim TO have rendered the Sen
ator in connection with the sale OF the
Western Maryland Railroad TO the Fuller
syndicate in March. 1902. Mrs Eikins,
the Senator's wife, was also on hand. and
went on the witness stand. where she cor
roborated her husbands testimony in so
far 5 she had any knowledge thereof
Charles Nixon, an employe of the SEN
ate and a witness for the defense. testified
that the Hay-Pauncefote treaty was not
voted on In the Senate until December 16.
1901 This evidence was brought IN con-
nection with the staten.entof Burton, who
claimed that at an Interview he and Du-
breuiI had with Senator Elkins in Deem
her Of that year. the Senator had said that
he was wanted in the Senate chamber TO
vote on the -Pauncefote treaty.
Through Henry c. Tuxbury. a clerk at the
Waldorf-Astoria, New York. Senator Ell
kins established the fact yesterday that
he was in New York from December Is TO
% 1901.
Mrs. EIkins Testifes.
Mrs. EIkins. after referring 20 her en-
gagement register, said that she had ac-
companied her husband to New York on
December Il. She was followed by her
husband, who denied that he had ever
entered into any agreement with the
plaintiffs in connection with the affairs
OF the Western Maryland Railroad, ex-
cept as fellow stockholders. He said
they told him they controlled J. so shares.
and as he had rs shares of the same
stock he had numerous interviews with
them in regard 20 getting rid Of this
stock al an advantageous price. SeGa-
tor EIkins denied positively having stated
to the two plaintiffs In the Union Station
at Baltimore, as they alleged. that he
was on his way 70 New York 10 arrange
to secure funds from the representatives
Of the Wabash system 10 furnish the
money necessary 20 secure control OF the
Western Maryland He denied even
having seen the two plaintiffs on this oc-
caslon. and his testimony on this point
was corroborated by Mrs. Elklns who
stated that no one saw her husband on
the train when II passed through Balti-
more on December -, 1901. Sen
atOr EIkins also said it was preposterous
To believe that be would enter into nego-
tiatIons with two men whom. he said.
when they first approached him. were
total strangers 20 him. upon such an inn
portant project as securing control of a
railroad. He said that if. in 1901. he had
entertained any idea Of securing control
awaited himself OF the services of the
staff OF the West Virginia Central which
he controlled. 20 secure information. draw
up plans, &c, and not OF that OF two men
VINO came no him without credentials.
He Introduced Fuller.
Attorney Osborne l. Yellott, FOR the
plaintiffs. developed the fact from Seua-
tor Elkins that il was after numerous
conferences with Burton and DubruciI
that he introduced r. L. Fuller. Of
Scranton. Pa. 10 Senator McComas. now
associate justice Of the Court Of Appeals.
Mr. Fuller having told Senator EIklns
that he was contemplating purchasing
the Western Maryland. Senator EIkins
denied that his trip 10 New York IN
December had anything 10 do with L @
affairs Of the Western Maryland bus
that it was IN connection with the sale of
the West Virginia Central, which he sold
10 a syndicate. OF which Mr.. Fuller was
a member, on January 1. 1902
In previous testimony in the case &c has
been shown that the West Virginia Cen
trial and the Western Maryland were aft
eTWsr1 consolidated
Senator Elkins finished his testimony
yesterday. The case VIII be continued TO-
day, and argument will begin on Monday.
The chief argument for the plaintiffs
will DE made by Attorney Osborne ]. yell
lott. Of Baltimore, and that for the de-
Tense by "A. s Worthington, of Washing
ton.