The Washington herald., 1907-01-29

The trial Of Robert Burton and George
A. Dubrueil. Of Baltimore, against Sena-
tor Elkins for the recovery of 5000 for
alleged services rendered to the West
Virginia statesman. yesterday developed
a number Of peculiar and highly inter
esting facts. One Of these was that the
! law firm Of McComas. Gather & Green
baum, according to the testimony Of
George r. Gather, jr.. was instrumental
in drawing up practically every feature
Of the plan by which the Fuller syndicate
! obtained from the city of Baltimore and
from the Maryland legislature the title
Of the city of Baltimore and Of the State
OF Maryland to the Western Maryland
Railroad.
Another interesting feature the trial
brought out was the refusal of former
Mayor Hayes, Of Baltimore. TO obey a
subpoena OF John r. Young, clerk of the
District Supreme Court, TO appear yes
terday and attend the trial as a witness
The subpoena. which was issued last Sat
urday by request Of the defense WAS re-
turned to CLERK Young yesterday, bearing
the Endorsement that Hayes had been
summoned personally and that per diem
was rendered him, which he refused. It
is believed that unless Mr.. Hayes ap-
pears at the trial to-day and answers to
the summons, an attachment viii be is
sued for him.
Not Familiar with Arrangements.
Colin H. Livingstone. Senator EIkins'
private secretary, was called 10 the stand
by the defense to identify some letters
alleged to have been written by Senator
EIkins 10 Burton and Dubruen. Mr.. Liv-
ingstone said he was not familiar with
Senator Elkins' arrangements concern
ing the Western Maryland Railroad. but
the crbss-eXamination seemed TO develop
the fact that Burton and DubTueil had
been in communication with Senator FL
kins on many occasions when Mr.. Liv-
ingst0ne knew about it,
Eugene II. McDermott, Mr.. EIkins'
stenographer In 1901 and 1902. testified he
did not recoIlect seeing Mr.. Burton more
than twice with Mr. EIkins, and that
the latter never talked 90 either Burton
or Dubrueil over the telephone with them.
as they claim.
Col Thomas y. Davis said that Sen
tttf EslhliS married MS niece. ana that
he was never present AT 4 conference be-
tween the Senator and anybody else al
his house where the Senator said 10 the
person or persons THAI they would be
compensated.
Not i'm Fuller Syndicate.
Mr.. Davis testified that during his
brothers absence in Mexico he repre-
scented his interests in the Western Mary
land; that he knew the Fuller syndicate
purchased the interests Of the city of
Baltimore. but that he himself did not
take any interest in the Fuller syndicate.
Col Davis further stated that he and his
brother held their stock in the company
as H. @. Davis q Co. and that they Sc
cured it at the time his brothers and 9th
ers were trying 10 purchase the Western
Maryland about 1890
Charles NJ Hendley. ex-senator Henry
q. Davis secretary. testified that he had
been with Senator Davis for fifteen years.
but that he did not know either Of the
plaintiffs. He said he remembered on one
occasion when he went 10 see Senator
Elkins he found him in his library talk
ing about the Western Maryland. He
stated this YVES about 1891.
Mr. George r. Gather, jr., president Of
the second branch, city council of Balt-
more. will continue his testimony tins
morning