The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-05-23
District Attorneys Action
Follows Receipt of Com
miSsioners' Letter.
CASE SOON MAY GO
TO DISTRICT COURT
Unexpected Turn Taken After Ac-
cused Man Refused to Explain
Big Bank Account.

IdVOrlt1Sm made against Cild-4 les z CT
nald former assistant engineer Of road
ways. This rather unexpected turn N
the commissioners investigation fol-
lows the receipt by the District Attor-
nev today of a letter from the Com
nlissioners, stating that there might be
probable cause for prosecution
The letter was sent after Fernald had
refused yesterday afternoon 10 testify
before the Commissioners. especially
with reference 20 where he obtained the
aG.OOO bank deposit in his name
Mr.. Baker said today that his office
proposed To make a thorough investiga-
ton Of the entire matter now being
threshed out before the Board OF Com
missioners, and, If the probable cause
for prosecution" as indicated by the
Commissioners, be found. that the case
would go TO the grand jury at once.
He has assigned Assistant District
Attorneys stuart Mcnamara and Har-
nev Given to the case Corporation
Counsel Thomas has promised the Dis
trict Attorney a complete transcript OF
the testimony taken before the Com
trnissioners, and es soon as this IS re-
ceived and read by the attorneys. Dis
trict Attorney Baker viii take further
action. II probably Will be Tuesday or
Wednesday OF next week before the
testimony can be reviewed
Refused to Testify.
The refusal Of Charles FernaId. the
accused. to testify, and the immediate
decision Of the Commissioners, follow
ing the testimony relative TO the large
bank deposits made by the former as
sistant engineer OF highways, TO lay
the case before the District Attorney,
came as a thrilling climax 10 the I'M
expected developments OF the hearing
yesterday.
Engineer Commissioner Morrow, whose
department is directly concerned, has
said that he, probably more than any
other. is DESTROYS OF sinking the probe
deep and bringing TO light all the facts
which may affect his Office. Having an
nounced that he will not act as a judge
in the proceedings. but leave the de-
Cis!on entirely in the hands OF his col
leagues, he yesterday requested Attor-
ney Douglas. counsel for Brennan, that
he be released from his promise for the
moment. In order that he, as Engineer
Commissioners, might move that the evi-
dence Of The investigation be placed at
once IN the hands of the District At
toFney.
Fernald Looks Worried.
AS the hearing progresses. the strain
under which Fernald is laboring be
comes more evident. He is no longer
the big. good natured popular official,
but man in whose cOuntenance has
appeared the lines OF worry His face,
formerly tanned and rudy. is pale. and
his appearance iFdicates uueasiness.
Yesterday, as he faced his former
chief, the Engineer Commissioner, with
the announcement that upon the advice
o. counsel he declined TO answer any
questions, he presented the appearance
OF a sick man.
The hearing will be resumed AT 10
o'clock Monday morning. II is the de-
sire OF both the Commissioners and
counsel for Brennan that it be ended
Wednesday. but unexpected develop
nlents may result in its continuation
beyond that date.
None OF the officials care to venture
an opinion as to whether the SEQUEL
viii ne enacted in the courts, but Fer
maids refusal 10 testify, upon the
ground that the Board of Commission
ers is not the final tribunal, indicates
that such an event is not entirely IN
expected.
Letter From Commissioners.
Following is the copy of the Com
missioners' letter TO the District At
toP1ey:
THE Commissioners OF the District
OF Columbia are now engaged in an in
vestigation 10 ascertain whether sny
District employe or official has been
guilty OF misconduct in Office, or has
been guilty of any improper practices
Sufficient evidence has been adduced
20 AFFORD reasonable ground for a par
tieuIar inquiry into the conduct Of
Charles Fernald. lately an assistant en-
gineer in the District service. but whose
official relation to this District has
been heretofore determined by the ac-
ton OF the Commissioners, and they
have now no control over him.
Among other matters involving the
conduct Of Mr.. Fernald while in the
employment of the District of Columbia,
and while certain public work was an
der his inspection. IL ises been developed
by this investigation that he has re-
ceived large sums Of money out of pro-
portion 70 his circumstances, which ne
has refused to account for; and as the
Commissioners have no means Of trac-
ing the sources o. the receipt of this
money, and are convinced that there
may be probable cause for prosecution,
matter to you in your official capacity,
30 that you may Eaake due investigation
and determine whether such probable
cause exists; and il so found by you,
that you may take such further action
as to you may seem proper.
when the Commissioners have fin
ished their investigation, they viii for
taken by them in their investigation.