The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-01-15
DR.. FOSTER MAKES
A HOT REJO|NDER
CONTINUED From First Page.)

! eous statements, in that 1t states that
! each member OF the committee of three.
to whom the evidence was submitted,
read only a portion of his allotted third.
/ There is further inaccuracy in the re-
( port OF the interview in the Richmond
/ Times Dispatch OF January 9th, 1907,
| with Colonel L. w. Lane, Jr. In that
| interview he stated that In his opinion
i final action will not be different from
the case unless new evidence was pre-
sented to the board 1t is further set
out that Colonel Lane has no vote In
! the board. but simply presides.
1.-THE charges formulated by the COM
| mittee OF this board and upon which DIR.
Foster was relieved from his position as
superintendent of the Eastern State Hos
pital Instead Of being an attempt to
blacken the reputation OF DR.. Foster,
were based largely upon the testimony
| Of Dr.. Foster himself and OF other wit
nesses before the legislative investigating
committee, and this hearing is given be-
cause OF his letter complaining OF the
failure to give him notice and an oppor-
| tunity OF being heard, and in order that
he may be faced by the witnesses against
| him and have an opportunity to call SUCH
witnesses as he may desire in his FAVOR.
"Can Give Fair Hearing"
upon the receipt by L. w. Lane. Jr,.
Commissioner OF Hospitals of the letter
| of DR.. T.. S. Foster, dated December z,
1908, the said Commissioner of Hospitals
| and a member of this board, went at
once to consult the Attorney-General OF
/, Virginia as to the course to be pursued
| and to ask his advice In the matter. The
| Attorney G eneral advised them that his
| time was so exceedingly employed with
other public business that he could not
| give due consideration to the matter ana
| further advised the commissioner to call
! a meeting OF tho board and TO employ
| counsel
."rhls board feels that it can give DIR.
l.. s. Foster. superintendent Of the East
| ern state Hospital, an absolutely fair
and Impartial hearing upon the testimony
| introduced before him az much so as
| court hearing case in which new
! trial has been granted.
at Ia for these reasons that TINS pro-
| test Is overruled.
Minority Report.
Tho minority report reads thus:
The minority Of the said board-Messrs,
Bland and Turk-respectfully state that
! they vote in the negative on SAID report
| because they do not know, nor DO theS
| aa,nit oil of tho inaccuracies above set
/ AUNT, al VI VIC
| forth.
"They do not exprss any opinion rs 70
whether the action OF this board, now or
heretofore, will blacken the reputation
| of Dr.. Foster; but they do beneVe that
| this body is the only body which can
sit in Judgment Of this case at present
! They deem 1t matter or conscience
| with the individual members OF the BOARD
| as TO whether they can, under the CIR
| ,yi,
| Impartial trial. and on the question OF
| Conscience do not undertake to pass
"trhey deem this board, in ITS present
| attitude and it's past attitude. with rel
| erence to this case especially AZ an I'M
! pcachment committee, closely bordering
upon n jury; and that they, having al
rsniy made up and expressed an opinion
| upon the allegations of the indictment
may not now be competent to give Dr.
Foster fair and impartial trial
| When the committee reconvenes to-
morrow morning the first business will
| be the hearing Of Dr. Fosters answer
to tho boards notice, together with Il
demurrer to tho proceedings, which Will
| be a part of the answer
Day Sessions.
Little or nothing OF interest was done
with reference to the hospital investiga-
ton at tho two sessions held during tho
day, owing to the failure Of Colonel
Joseph 7. Iawlcss, of Norfolk, leading
counsel for pr, Foster, to arrive until late
in the evening Meanwhile good deal
OF routine work was disposed of, and
the way cleared for the spicy proceedings
| to follow,
] The situation was very quiet all during
i tho day and every one was waiting. con-
| stantly expecting the arrival OF Colonel
Lawless, His partner. Mr., Jeffries kept