Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-23
BAKER MAKES ANSWER
United States Attorney Acts in
FernaId Matter.
REPLY TO COMMISSIONERS
Says Two Assistants Will Conduct
an Inquiry.
TRICT BUILDING ACTION
Proceedings at Session Late Yester-
day in "Favoritism" Investiga-
Reinstatement by Attorney.

United States Attorney Baker today ac-
knowiedged the receipt of the letter from
the District Commissioners asking for
an investigation by the grand jury into
the financial circumstances of Charles
Fernald. former assistant engineer of
highways. He stated that owing to his
connection with the land frauds trial.
which is consuming his entire time he
will have no opportunity to give his per-
sonal attention to the matter. He will
assign.'he said. Assistant United States
Attorneys Stuart Mcnamara and Har-
vey Given to the inquiry. and il their re-
port should show probable cause for an
investigation by the grand jury that body
will be furnished with all the informa-
ton obtainable
NO papers accompanied the letter to Mr..
Baker. but Corporation Counsel Thomas
visited the United States attorney this
morning and explained that the tran
script Of the proceedings is not prepared.
but would be furnished as soon as prac-
N',oDiC. lAC dshSu liIdl d representative
Of Mr.. Bakers office visit the Commits
sioners today for consultation
Causes a Surprise.
1t was following the introduction of tes-
| timony late yesterday in the investigation
of charges of favoritism preferred by
the Brennan Construction Company
against the District engineer department
| HfSc1nSfnp hot
engineer of highways. deposited more
| than $4,000 in bank in less than four
years. that the Commissioners directed
that the United States attorney be asked
to call the matter to the attention of the
grand jury.
| That deposits i'm bank were made BY
| Fernald between June y! 1904. and jan
uary ~. 1908. in several Instances amount
ing to $1.OOO and more. proved surprise
| to the majority of those following the
| terested than the three Commissioners
themselves. and when Fernald, by advice
| Of his attorney. John E. Laskey. de-
clined to testify or otherwise offer an ex-
| that the evidence referring to him will be
attorney.
Text Of Commissioner Letter.
The Commissioners letter to Mr. Baker
| follows:
THE Commissioners are now engaged
| In an investigation to ascertain whether
any District employe or official mas been
guilty OF misconduct in office or has been
guilty of any improper practices. Suffi-
cient evidence has been adduced to afford
| reasonable ground for a particular inquiry
into the conduct of Charles Fernald lately
an assistant engineer in the District serv-
! Ice. but whose official relation to this Dis
I trlct has been lorofnfnro h,
| the action of the Commissioners, and they
| now nave no control over him.
! Among other matters involving the
! conduct of Mr.. Fernald while in the
| employment of the District and while
] certain public work was under his in
| spection. 1t has been developed by this
| investigation that he has received large
! sums of money out of proportion to his
| circumstances. which he has refused to
| account for: and as the Commissioners
| have no means of tracing the sources of
| the receipt of this money. and are con-
| vfnced that there may be probable cause
| for prosecution. they now submit the
testimony in this matter to you in your
official capacity. SO that you may make
due investigation and determine whether
| such probable cause exists. and if so
| found by you that you may take further
action as may seem proper
When the Commissioners have finished
| their investigation they will forward to
| you all additional testimony taken by
| them in their investigation
To Resume Monday.
The inquiry will be resumed next Mon
day morning at 10 o'clock.
| 1t was not until the session of yesterday
afternoon was drawing to a close that
Commissioner Macfarland called Fernald
to testify. During the progress of the in
| vestigat.on the latter had sat at small,
a nrrar of
| with his attorney. Mr.. Macfarland's re-
| quest was met with a reply by Mr.. Las
key.
| MY client is before this board as an ac-
cused person.. the attorney said land
being of the opinion that your body is not
vested with powers to either convict or
acquit. |. as his legal adviser refuse TO
permit him to testify. Mr.. Douglas. at
torney for the Brennan Company some
time ago told the Commissioners that if
they would summon list of witnesses to
be furnished by him he would show Fer
maid guilty of crime. Mr.. Douglas has
several times since said he is satisfied that
he has proven his former Statements
IF the Commissioners had power to
convict or acquit l would have no objec-
tfon to Mr.. Fernald testifying. Blu. this
| investiga tfon is only preliminary and I
| am unwilling that he should make any
statement whatever"
Answers Formal Questions.
In answer to a question from Commits
sioner Macfarland as to whether he real
| lied the position In which he would place
Mr.. Fernald. Attorney Laskey replied in
| the Affirmative 1t was then decided that
| the formality of having Fernald sworn and
his refusal to testify be gone through.
This transaction was agreeable to Mr..
| Laskey.
Commissioner Macfarland asked thai
Fernald proceed to the witness stand
which was done.
The oath being administered. Fernald
| ia ced the Commissioners In response to
questions he said his place of residence
is lis 5th street southeast. The next in
quiry was
MFR Fernald. did YOU hear the festi-
mony-of Mr. Mckee and will you explain
to the Commissioners what way you OBJ
tained $4,000 during the last four years."
MAJ. Morrow asked.
Fernald was on his feet in an instant.
He stepped toward The table and look
ing Mai. Morrow straight in the eve said.
Il would like To answer your questions
ma ior: any question you may ask. Ii
pains me not to be BILE TO do SO Rut
upon the advice of my counsel / must
decline to do So.
Mr.. Fernald resumed his seat. and =