Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-31
IN HIS Own BEHALF
Senator Elkins Of West Virginia
on Witness Stand.
SUIT FOR HALF MILLION
Denies Statements Made By Plaintiffs
in the Case.
CLAIM MADE FOR COMMISSION
Proceedings Growing Out Of the Sale
Of the Western Maryland
Railroad.
LAIN MADE FOR COMMISSION


Railroad.
Denial absolute and uneuuivocal was the
keynote of the testimony OF Senator Ste
phen B. Elkins, who today took the wit
ness stand in defense Of the half-million-
dollar suit brought against him by Robert
Burton and George A. Dubreuil for al
legged services In connection with the pur-
chase Of a controlling interest In the West
ern Maryland railroad.
Senator Elkins declared he had never
employed the plaintiffs to furnish him any
Information. but that they had proposed
to furnish him all such Information as a
condition precedent to winning over his
consent to pool his stock with theirs in q
plan proposed by them. Witness took no
stock. he said, in the plan, and told Bur-
ton he did not believe ..all the bankers in
Baltimore could raise 100000 bond
issue, instead Of $20000OO0.''
When he had sold his interest in the
West Virginia Central. the senator said.
he took the first opportunity to notify Bur-
ton, and at that time told him he was no
longer interested, and said to Burton:
Don't get 1t into your head that you have
done any service for me-"
In this, he said, Burton acquiesced, as up
to that time he had not furnished the prom
fsed legal opinion, nor the report of the
bankers concerning the floating of the $780,
100000 bond issue.
Brief Biographical Sketch.
Senator Elkins, when called to the stand,
told briefly his biography. He was born,
he said, in Ohio: reared in Missouri adj
mitted to the bar in 1864 in New h.exico.
where he resided ten years. during which
ti,,oo no Of oft of uon
eral, United States attorney, and twice
delegate in Congress from that territory
He next served as Secretary of War under
Harrison, and then was elected as senator
from West Virginia, to which position he
has just been reelected for third term.
His first acquisition Of stock in the West
ern Maryland railroad was in 1880; he had
746 shares, which he retained until May,
1902. He detailed his effort to acquire con-
troll of that road about ten years ago, and
declared that since then he had made no eff
fort in that direction.
Witness stated he had not known Burton
before receiving a letter from him in 1901.
He relied on statements In the letter as to
ownership by Burton Of stock in the COM
pany as reason for allowing interview. He
did not know. de declared. that SUCH q
man as Debreuil was in existence until he
met him with Burton at arranged inter-
view.
Senator Elkins then detailed the sub
stance, as he recalled 1t, of that interview.
admitting that Burton had unfolded his
plan and spoke of getting an issue of
SO, 900 600 through Townsend and Scott and
Mr. Gordon. Senator Elkins denied that
he made any promise, more than that he
would consider the proposition II there were
no legal obstacles and If the loan as sug-
gested could be f1oated But. said the
witness, / have not the money and was
recently in Baltimore trying to secure the
same.
II don't believe all your Baltimore bank
ers could float a $5,OOO,OOO loan let alone
10
He also told Burton he did not know Mr..
Scott or Mr.. Gordon.
The witness declared he already knew
all the information offered by Burton and
had in his possession the very books from
which Burton said he secured the data.
Ten years ago, the senator said. he had
collected all accessible data in connection
with the road at cost Of 100000 He
had promised Burton that in the event Of
sale of stock. Burton's stock should fare
like that of the witness. He also told him,
he said. that he (Elkinsl would not give
$4,000, 600 for the road. He admitted say
ing that 1t would be worth 100000 COM
mission to raise the 10000 bond issue
An Emphatic Denial.
Witness denied emphatically that he had
an interview with the plaintiff at union
station. Baltimore. and said that at the
time of the alleged interview in the Presi-
dents room at the Senate, he was In New
York city, as shown by the register Of the
Waldorf-Astoria. At the first opportunity
after he had sold out his interest in the
West Virginia Central Senator Elkins said
he Informed Burton of that fact.
No opinion of Mr.. Cans had been brought
to him. he stated, nor had he received re-
port as to the financial condition precedent,
nor were any maps delivered to him. At
this time, he declared, he told Burton he
desired to correct a statement in Burton's
letter, in which he made reference to work
done for Elkins, and he then said to Bur-
ton: Don't get into your head you did any
service for me-
To this, he again said, Burton had ac-
guessed and asked him for a letter to Mr..
Fuller, to whom Burton thought he could
be of assistance. Burton desired rail-
road career, the witness said, and as he
appeared to be bright young fellow he
(witness) was inclined to help him. The
visit to New York had nothing to do with
Western Maryland, and witness did not, he
said, see any of the Goulds. He talked to
no one there concerning the acquisition of
the road or the floating Of necessary
loan.
Senator Elkins declared he never took
any information from Burton and his as
ISOLATE and never transmitted it to any one
else. He never saw nor heard Cans opin-
ion until 1t was read III court. and felt
sure he would have remembered seeing It
because, he declared, 1t Is directly oppo-
site to what Burton declared It would be.
Attracts Large Crowd
When the trial of the Burton-Elk case
was resumed this morning the court room
was crowded. In anticipation Of hearing
Senator Elkins' version of the CONVERSE
lions alleged to have been held with Burton
and Dubreuil. Several Witnesses were ex-
amined. and the deposition Of Edward L.
Fuller was read to the jury before Senator
Elkins was called to the witness stand.
Charles r. Nixon, clerk in the Office Of the
secretary Of the Senate. was the --rst wit
ness called today. He testified that the
Presidents room Is not cleared when the
Senate Is in executive session. Witness had
with him the Senate record, which he had
examined and declared there was no dis
cussion in open session of the Senate Of the
Hay-Pauncefote treaty.
This testimony was offered to contradict
the statements Of Burton and Dubreuil that
the Interview In the Presidents room was
held while the treaty was being discussed
In the Senate. Mr.. Dubreuil said he had
been listening to speeches on the treaty
while waiting to see Senator Eliins