The Birmingham age-herald., 1908-11-22
Verdict Rendered Late YeSter- day Afternoon and Will
 Be Read to Council
EXECUTIVE SESSION
 LASTED THREE HOURS
Alderman kIotz Has Been Connected With City Government for Several Years-Resume of the Argu-
 ments Made Yesterday.

appointed to investigate charges against him.
 The verdict of the committee was rendered yesterday afternoon at 5:3O o'clock, and was the unanimous ex- pression of the five aldermen who were judges.
 The finding of the committee was put in the hands of H. F. Shropshire, Jr., city clerk, immediately after the adjournment of that body. The clerk will read the report at next meeting of the City Council.
 The subsequent action of the coun- cil is of course problematica1. No ex- pression from aldermen yesterday aft ernoon could be obtained.
 Charge Against klotz.
 The charge against Alderman Klotz was to the effect that he had reaped a financial profit as a result of the land deal whereby the city became pos sessed of half block on Avenue D, between Fourteenth and Fifteenth streets.
 The purchase was made from the Birmingham Realty company, and ao- cording to the testimony of Alder man Klotz himself after the city had paid $16,000 for the half block, A. l.. Fulenwider, at that time president of the realty company, paid to the alder man by personal check s4Oo. 21s per cent of the purchase price.
 While this transaction occurred in June 1907, it came to light only two weeks ago, when $. w. Slaton, senior partner of the real estate firm of Slaton & Klotz, made known the facts to G. H. Estes, alderman of the Ninth ward.
 MT. Estes immediately communicated to Mayor George B. Ward the infor-. Mayor, in a communication to the council, suggested the investigation. Harry Jones, president of the coun- cil appointed, the following committee to make the Investigation: B. H. Coop CT, chairman; H. L. Martin. J. R. Copeland, D. R. Copeland and W. Barnes Morgan.
 The inyestigat tion was begun Friday evening in the council chamber of the city hall.
 The feature of the first session of the committee was the testimony of Alderman Klotz, this statement being the sole evidence on which the verdict of the committee is based.
 Alderman Klotz, in testifying, brought out the following points:
 In the early months of 1907 the city was endeavoring to purchase a lot on which to erect crematory
 He as a member of the police and san- itation and finance committees of the council, requested several real estate firms, among the number being the Bir- mingham Realty company, to furnish a list of available sites for the location of the crematory
 Of several sites offered the council unanimously agreed to purchase the Ave- nue D property, and did so, paying for it S16O00.
 Several days after the consummation of the deal he received a personal check from A. L. Fulenwider, president of the Birmingham Realty company, for s4OO.
 He was surprised at the reception of the check having had no agreement with the firm about commission, and having spoken no word in reference to commis- sion prior to the consummation of the deal
 He called upon Mir Fnlenwider and learned that the check was commission on the deal the usual commission paid by the firm to agents whose advice. aid or intimation of probable buyers resulted in a sale.
 He thereupon retained the check. turn ing over $30O to the real estate firm of Slaton & Klotz, and deposited to his per sonal credit the remaining $100
 The prosecution brought out several other salient points. I. c. Beatty, gen. eraI manager of the Birmingham Realty company. testified that while it was the invariable custom of the company to pay a 21s per cent commission to agents as- sisting in making sale for the company the checks, as a rule were signed by the company. In this instance, however, the I company made the s400 check payable to it's president, A.. L. Fulenwider, who, in turn, sent his personal check for the same amount to MT. Klotz
 Another point scored by the prosecu- tion was the result of it's question direct ed to Klotz:
 Did you tell any other member of the board about having received a commission from MT. Fulenwider?"
 MT. Klotz, in answering; stated it as his belief that he had done so, and when pressed mentioned the name of John l.. Parker at that time a member of the board. He next, in making answer to a question, stated that he made the facts known to MT. Parker In his place of bus mess. MT. Parker, who was present at the time. was then called to the stand His testimony was brief, consisting of a sim gle sentence.
 'I cannot recall any such conversation having taken place. he said
 Committee Hears Arguments.
 After adjournment Friday night the committee reconvened in the council chamber at 12:3O o'clock yesterday, at which time the attorneys argued the points.
 The counsel for the defense took the stand that MT Klotz, in view of the fact that when he received the money | from MT. Fulenwider, the deal with the | city had been closed, could not be held