The Washington times., 1908-05-20

witnesses for the purpose of enabling
you to probe these charges to the bot
tom, do not know why It has been so
may times quoted, unless the sugges-
ton was intended 10 be made that the
burden OF public prosecutor was upon
the shoulders of the attorneys for the
Brennan Construction Company. II was
not our purpose when We furnished the
list OF those witnesses 10 assume the
role of an examiner ard cross-exaIniner
as to charges that Brennan had not
preferred.
Il would have you bear in mind that
in our charges OF favoritsm, especial
ly favoritism in the award or this con-
tract of May is. 1907, and charge or
faVOriJism as TO the awarding Of the
First street paving contract, we mad5
no charges as to Fernald. we hau
our beliefs and our opinions about that,
and had some evidence to support IL.
and when this matter came up and tie
veloped in the way in which II did, "e
then pronered & list of witnesses. Ut
since that time, as one or the couilSsI
for Mt Brennan. have been compelled
70 assume the role o. a public prosecu-
tor here, and II [ hid not done so, II
might have been said that we MADE
the charges and had failed to sustain
them. and having made them and hav-
ing had the burden cast upon US 70
examine these witnesses, we have so
far done so without assuming any sort
of responsibility for that task.
II do feel most earnestly that we have
not had the cooperation OF the En-
gineer Department, in performing that
public duty which we are not called
upOu t. perform and discharge. So FAR
as the evidence has gone. rs body has
produced any here as TO favoritism, or
as to corruption, except the Brenn IN
Construction and the Bean Construct On
COMPANY, and so far we have gotten no
assistance in the cross eXamination OF
these WitnesSeS-nOt a single, solitary
question can I recall has been asked by
the Engineer Department OF this Gov
ernInent that was calculated to bring
out things against the Engineer Depart
ment. The very structure OF questions
leans toward the defense and the vim
diCation OF the Engine f" -Ttment.'
Mr.. MacfaTla-- 4oeplies.
Commissioner Macfarlaad. In reply
said: 1.-THE Commissioners viii. Of
course, have to confer upon Ihis mat
ter. ami let me say before we do SO
that the Commissioners have desired
and do desire TO get at the utmost
truth of this matter. and that every
thing that has been done up 10 this
point las been with that object IN View
When ali possible opportunities OF IN
Quiry are exhausted. and the Commits
sioners take their action, they VIII be
ready TO submit IL 70 the candid JudS-
ment of all concerned. and Of the COM
munity at large
The remaining portion Of the morning
session was taken UP with the eXamlna-
ton OF Warren +. Brenizer, contract
or: Edward Johnson. superintendent. OF
the Brennan Construction Company and
r, J, Beall, president OF the Beall Con
stFuctiOn Company. concerning the
charges OF irregularity preferred against
Charles FeTnald, former assistant en-
gfneer Of highways
A rev feature was the testimony Of
fered Dy Mr.. Bean, 10 the effect that
Fernald had said TO him on one occa-
sion hat he did not care to favor the
Baltimore and Ohio Railroad Company
as Il would not give up anything. Mr..
Beall said that This was the only re-
marx OF this kind be ever heard Fern
aid make. ans that he did not report the
COW ersatiun TO Fernald's superiors but,
passed 1t Up for what II was worth"