The Birmingham age-herald., 1908-11-21


 meets me with stealing is ID
 He then left the hall to await his call by the committee.
 Frank p. Mcdonald Called.
 Frank P. Mcdonald testified as fol- lows T had a conversation on yester- day with Mr. Slaton. I asked him why he had preferred the charges against Mir. Klotz. He denied that he had done so and stated that he had made ef- forts to prevent the charges being made"
 |. c. Beatty on Stand
 I. c. Beatty, general manager of the Birmingham Realty company: "on June 2, 19O7 the company paid A. L. Fulen- wider, then president, a check for $4O0 as commission on the Avenue property which the company had sold to the city. The check was indorsed by MT. Fulen- wider.
 MT Fulenwider afterward gave to Mir, Klotz his personal check for $400. l can't say what became of that check.
 Prior to June G. when the transaction between the city and the company was completed, Mir Klotz had not had any transaction with the company.
 After the transaction l recall conver- sation in the office of the company be- tween Mr. Klotz and MT. Fulenwider. MT. Klotz asked MT. Fulenwider what the personal check for $40O was for. I re- tired at that time and do not know what followed.
 "The company does not allow com mission to a purchaser of property, but does allow a commission of 21a per cent to agents when they conclude a sale, or make a suggestion which results in a sale. ''The deal for the property was consum- mated with MT. Ward, the mayor.
 This was the only transaction in which the company has paid the president commission"
 At this moment Attorney Sailing, for the prosecution, introduced city ordi- nances and the votes on their passage, some of these showing where aldermen passed their votes on matters pertaining to their interests and others showing that MT. Klotz voted in reference to the pur- chase by the city of the Avenue D prop erty.
 FulenWider Called.
 A. l.. Fulenwider who, until April of this year, was president of the Birming- ham Realty company MT. Klotz in 1907 made the suggestion to the Birmingham Realty company that we furnish the city with list of property that we had on the market available for this purpose. We suggested several lots, one of them being the property on Avenue D. for which we asked $16,000
 There was no agreement between me and MT. Klotz about commission, nor was reference made to such.
 After the deal was closed I sent my personal check to Klotz for $40O which was 21s per cent of the amount of pur- chase, $16,000.
 "In doing this I followed the custom in paying real estate agents who con- sumated deals. ] had not paid Klotz any previous commissions.
 'The check was cashed, or rather I pre- sume 1t was.
 We generally pay these commissions by checks of the company.
 .I cannot recolleet as a certainty any other case wherein an agent was paid by a check of the president. Yes l got the amount back from the company"
 Alderman Heidt and John l.. Parker testified that during the time the commit tee and the council was considering the purchase of the Avenue D property that Alderman Klotz did not seem over-anxious that the deal be made.
 MT. kotz Takes Stand.
 Alderman Klotz, the defendant in the investigation, then took the stand. Early
  taining a sight for crematory. I spoke to FuenWider concerning locations and to others.
 ''rhe council agreed upon the Avenue D location in June. I had never men toned the matter of commission to MT. r Fulenwider or to any other.
 q got a personal check from MT. Fulen- wider after the deal was closed. It came as a great surprise.
 q did not have anything to do with the closing of the deal.
 ''To the other sites that were offered objections were made. One of the other sites was near the Mercy Home and the other on the southside. There was no ob- jection to the Avenue D site, and the matter was unanimously agreed upon by the committee and afterwards by the council"
 Mir. klotz then testified that he asked MT. Fulenwider for an explanation of the S400 check which had been sent to him by porter, and that having re- ceived MT. F'ulenwiders explanation he deposited the check In his (klotz's) name. On oss-examination MT. Klotz testi- fled: T do not think I was in the office of the Birmingham Realty company on the day of the council meeting when this deal was consummated or on the day following" i sealbAl When asked why he had turned over to his company only $500 of the $4O0 he had received from MT. Fulenwider. MT. Klotz said: 'I considered that l had turned over enough of the whole. I kept s1OO, explained it to Slaton, and he said he was satisfied
 When asked if he had told any other member of the council that he had re- ceived a commission from MT Fulen- wider, MT. Klotz said q think that I told MT Parker"
 When asked where he had told MT. Parker, MT Klotz answered.: '1n his place of business
 Mir. Parker Recalled.
 MT. Parker was then called to the stand.
 M. Stallings-"Dr. Parker, in your place of business, did MT. Klotz make known to you in a conversation that he had re- ceived a commission of $400 from MT. Fulenwider in reference to the Avenue D land deal?"
 MT. Parker-"I have no recollection of any such transaction.'
 In reference to MT. Slaton's testimony that MT. Klotz had notified MT. Slaton that MT. I<lotz was to receive a comms- sion of s4OO when the deal went through, and that after the deal, MT. Klotz had notified MT. Slaton that a certain amount was to go to another party--to MT. Nc Cartin-the defendant made 6 positive denial.
 Following this testimony the sitting was adjourned.
 McCartin Makes Statement.
 MT. McCartin said after the meeting last light: Any man who intimates that l have ever been a party to any deal In Birmingham in any way whatsoever con