Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-28
FOR SENATOR ELKINS
TESTIMONY GIVEN TODAY BY
WITNESSES OF DEFENSE.

Contrary to expectation Senator Stephen
B. Elkins, who Is being sued by Robert
Burton and George A. Dubreuil to recover
100000, was not the first witness exam
ined by the defense. Counsel for Senator
Elkins today first called Colin H. Living
ston, now vice president of the American
National Bank. 1t is understood Senator
Elkins will be the last witness offered by
the defense. Associate Justice Louis e. Nc
Comas Of the Court Of Appeals was in court
today, and is expected to testify for Sem
ator Elkins.
Mr.. Livingston, who was private secretary
to Senator Elkins from May, 1895, to March,
1905. testified that his duty was to decide
who should see the senator Witness knew
Burton. he explained, but had no acQuaint-
ance with Mr.. Dubreuil. In the fall of 1901.
In November, the witness thought Burton
had an interview with Senator Elkins at
his house. While the conversation was
In progress, witness said, business called
him into the senator's library two or three
times. and as soon as he would enter the
room Burton would stop talking and would
only resume the conversation when witness
was leaving the library.
Mr.. Livingston said he overheard the
words Western Maryland" SO presumed
that was the topic of conversation. This
interview. he said, lasted twenty minutes.
Other attempts at interview made in per-
him. he said.
All of Burton's attempts to communicate
with Senator Elkins. witness said. were be-
tween November. 1901. and February. 1902.
and after the bid Of the Fuller syndicate
was accepted he heard no more Of Burton.
Mr.. Livingston added that to his know
ledge no maps or other papers were left
| with the senator by Burton. When suit
was filed he searched all the senator's pa
pers and was unable to find any such maps.
Witness matchmaking any engagement for
the senator to meet Dubreuil or Burton al
the union station, Baltimore.
On Cross Examination.
On cross-examination witness admitted
| that the senator might have written letters
or held interviews without his knowledge.
He did not dictate or handle the letters
written by Senator Elkins to Burton which
were offered in evidence and acknowledged
to be the senator's letters. He did not re-
| member receiving the letter inclosing the
Cans Letter. and he did not, the witness adj
mitted, know Of any transaction Of the sem
ator with the Western Maryland road
Mr.. E. H. McDermott, stenographer to
Senator Elkins, was the next witness.
He knew Mr.. Burton by sight. but was
Mr.. Burton twice at Senator Elkins'
house. the witness said, but on those &C.
casions Burton did not see the senator.
vember, 1901. Witness knew of no con-
versation held by the senator with the
plaintiffs, but knew the senator had de-
clined to talk to Burton. Mr.. McDer-
mott did not know whether the letters In
evidence were dictated to him. The wit
| ness never saw Mr.. Dubreuil, nor did he
ever see Mr.. Burton in conversation with
| the senator. Mr.. McDermott did not ar
| range for the union station interview,
and although he said 1t was his custom
to open all mall he never saw any maps
or papers alleged to have been left by
the plaintiff
The witness testified 1t was the custom
| of Senator Elkins to give him any papers
which had been received by the senator.
These papers, he said would be filed by
planned. failed to disclose any such papers.
Nothing important was disclosed by the
REORGANIZATION.
Representative Davis Testifies.
Col. Thomas B. Davis. a representative
! in Congress from West Virginia, was the
| next witness. He stated that the wife of
Senator Elkins Is his niece. Witness did
not remember ever having seen the de-
PENDANTS He said he was never present
at an interview with Senator Elkins and
the plaintiffs. but thought that one of the
plaintiffs was present In the library OF
Senator Elkins when Col. Davis was there
but he learned who the man was from
Senator Elkins.
The senator on that occasion told the
witness that his visitor had been talking
about the Western Maryland. Witness
denied that he had ever been present at
an interview in which the senator had
said that he and the witness, with Senator
of the West Virginia Central railroad, or
that Senator Elkins had ever offered to
see that any person was properly COM
pensated for services in connection with
deal to secure control of the Western
Maryland railroad. He strenuously denied
all the conversation testified to by Burton
as taking place in his presence.
On cross-examination Col Davis said
the stock owned by him was in the name
of H. G. Davis & Bro and was purchased
about 1890, when ex-senator Davis de-
sired him to purchase the road.
Secretary to Ex-senator Davis.
Charles NJ Hendley, secretary to ex-Sen-
ator Henry G. Davis, was next called. He
said he has held that position for twelve or
fifteen years, and when asked particularly
about the years 19O1-02, testified his service
with Mr.. Davis covered that period.
What other position did you hold in
19O1-O2?' Mr.. Worthington queried
Secretary of the West Virginia Central
railroad, with offices at 1917 H street." wit
ness replied.
us that the same place where Senator
ElkinS and ex-senator Davis have omces!
Yes, sir"
Did Senator Elkins ever visit there?"
Occasionally, yes"
Did you ever see either OF these gentle
men, Robert Burton and George A. Du-
breuil and Senator Elkins in the office to-
gether?'
mot that I remember. I do not remem-
Der ever having seen them before, unless 1t
was one evening, about 1901 or 1902, at the
home of Senator Elkins, and I cannot swear
positively they were the men saw on that
occasion"
Have you ever been in the room known
as the Presidents room at the Capitol?'
Mr.. Worthington asked, in taking up an
other phase of the case.
II know where the room Is located, but