Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-18
Attorney Repeats Assertion as
to Mai. Morrow.
THE DEFENSE OF FERNALD
Disclosures at District Building
"Favoritism" Hearing.
RAILROAD ENGINEER TEsT1F1ES
Capt. Edwin Markham, Assistant
Engineer Commissioner, Con-
tinues His Statement.

In connection with the investigation by
the Commissioners OF the District OF CO.
lumbia of charges made by the Brennan
Construction Company that the engineer
department frequently resorted to ia
voritism In the award Of contracts Capt.
Edwin Markham. assistant engineer COM
missioner. and Charles E. Stewart of
Westminster. Nd, a railroad contractor.
were the only witnesses examined at the
session today Capt. Markhams testi-
mony consisted chiefly of explaining the
position Of the engineer department in
the awarding Of certain contracts to the
Crawford Paving Company. which COM
pany. it is alleged by Brennan. has been
favored.
Mr.. Stewart told of conversations he
had with Charles Fernald. formerly as
sistant engineer Of highways. in connec-
ton with a contract with the District.
during which Mr.. Fernald is alleged to
have made statements that. counsel for
the Brennan company contend. corrobo-
rate their claims of favoritism. One
statement by Mr.. Stewart was that Fer
Maid told him that c. B. Hunt. engineer
OF highways. was a warm personal friend
of the Cranfords and was sore" at
Brennan. and that as long as Mr.. Stew
wouldn't get much work. Mr.. Stewart
said at that time he had entered on a
joint contract with the Brennan company
to do the excavating for the House ONCE
building. and subsequently deposited the
earth therefrom to make the fill for the
Union station plaza
Declares Examination Unfair.
While attempting, it was alleged, to
lay a trap for Stewart during his testi-
mony. and while questioning him in q
way that tended to impeach his We
racity. Commissioner Morrow was taken
to task by Attorney Douglas. who de-
clared Maj. Morrows method was un-
fair and improper, and repeated the as
sertions made by him last Saturday that
the Commissioners attitude is one of
defense of Fernald.
During Capt. Markham's testimony he
spoke Of a number of orders issued by
the Commissioners for street work for
which 1t was necessary to secure a
deficiency appropriation Of $150,000 be-
fore the work could be carried on. At
this point Commissioner West became
particularly interested. saying: These
facts are new to me" He stated that
he was under the impression that 1t
was illegal for the District to become
involved for contracts in excess Of avail
able appropriations.
Commissioners Morrow and Macfarland
explained to Mr.. West that II Is the GUS
tom to order certain work In advance.
but that the work is never actually begun
until the necessary appropriations have
been made. Mr.. West was apparently dis
satisfied with the explanation, and said
that he would like to have that section
of the law In question prohibiting the
District from becoming involved for con-
done.
The hearing will be resumed tomorrow
morning at 10 O'Clock.
Railroad Contractor Testifes.
Charles E. Stewart of Westminster. Md.
ing for the House Office building site
jointly with the Brennan company. and
who did part of the I'LL In connection
with the plaza at the Union station. &C.
cupied the stand for more than two
hours. BY his testimony Attorney Doug
las attempted to show that favoritism
existed in the engineer department.
Mr.. Stewart stated that after complet-
ing his work in connection with the fill
at the plaza he was told by Col Bid
die, then Engineer Commissioner that
he would not be paid for the work. and
when he asked Charles Fernald, who was
then assistant engineer Of highways and
in charge of the work for the District,
why he was not to be paid. Fernald said
That isn't Col. Biddle's fault. He's
weakened. Hunt Is the man who is
doing it. Hunt Is sore on Brennan. and
/ have told Pat (meardng Brennan) that
he is making a mistake hogging every
thing in sight. and that he ought to let
the Crawford company get some of the
work. Hunt and the Cranfords are
warm personal friends and 60 around
together and Brennan makes a mistake
in wanting all the work"
Replies to Fernald.
I'm answer to this information from
Mr. Fernald." Mr.. Stewart added. Il
told Fernald that I was not Brennan
and / was not a District contractor. and
Fernald replied that l should not ex-
pect any favors while associated with
Brennan. 1t has since been intimated
to me and / feel certain now that had
] not been associated with Mr.. Brennan
in this matter I would have received
ST., 800 as payment for the work done
by me for the District
Mr. Stewart. in answer to a question
from Commissioner Mcfarland. said
he had no written contract with the Dis
trict for the work. but that prior to be-
ginning it Fernald had given him to
understand that he and Brennan were
to have part of 1t and the McMullen &
McDermott Construction Company the
other part. He testified that when he
asked Fernald how much he was to be
paid for making the fill at the station
the latter said he could not tell at that
time, but that 1t would not be less than
10 cents a yard, and that he would be
paid the same as McDermott 1t was
added by the witness that Mr.. Fernald
furnished him with the figures for the
filling and a permit to- make the I'LL.
and that he was under the impression.
until told differently later. that any
thing Fernald said would go. and it was
in view of that fact that he proceeded
with the work.