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.

District Attorney Baker began today
a rigid investigation of the charges OF
favoritism made against Charles Fer
maid. former assistant engineer Of road
ways This rather unexpected turn IN
the Commissioners investigation fol
lows the receipt by the District Attor-
ney today of a letter from the Com
migsioners, stating that there might be
probable cause FOR prosecution
The letter was sent after Fernald had
refused yesterday afternoon TO TESTIFY
before the commissioners, especially
with reference TO where he obtained the
$4,000 bank deposit in his Tame.
Mr. Baker said today that his office
proposed TO make a thorough investtga-
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-
new Given to the case. Corporation
Counsel Thomas has promised the Dis
trict Attorney a complete transcript OF
the testimony taken before the Com
tuaissioners, and as soon as this is re-
ceived and read by the attorneys. Dis
triCt ATTORNEY Baker will take further
action. It pr baby will be Tuesday or
Wednesday Of next week before the
testimony can be reviewed.
Refused to Testify.
The refusal Of Charles FerEaId. the
accused. to testify, and the immediate
decision Of the Commissioners, follow
~ L.
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 un-
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 Ia will not act as a Judge
in the proceedings. but leave the de-
Cis!on entirely in the hands OF his col
leagues. be yesterday requested Attor-
ney Douglas. counsel for Brennan. that
he be released from his promise for the
moment. IN order that he. as Engineer
Commissioner. might move that the evil
dence Of The investigation be placed at
once in the hands OF the District At
torney.
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
aDTfaared 10 lines oF FTfs
formerly tanned and rudy. is pale, and
his appearance iEdicates uneasiness.
Yesterday, as he faced his former
chief. the Engineer Commissioner, with
the announcement thar upon the advice
o. counsel he declined to answer. any
questions, he presented the appearance
OF sick man.
The hearing win be resumed at 10
o clock Monday morning. Il is the de-
sire OF both the Commissioners and
counse! for Brennan that il be ended
Wednesday, bit unexpected develop
nlents may result in its continuation
beyond that date,
None OF the officials care to venture
an opinion as 10 whether the SEQUEL
VIII ne enacted in the courts. but Fer
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 H. the copy Of the Com
Enissioners' letter to the District At
toFney:
The Commissioners OF the District
of Columbia are now engaged IN an in
vestigauOn 10 ascertain whether any
District employee or Official has been
guilty of misconduct in office, or has
been guilty Of any improper practices.
Sufficient evidence has been adduced
TO AFFORD reasonable ground for a par
ticular 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 -hey
have now no control over him.
Among otner matters involving the
conduct OF Mr.. b'eTnald while in the
employment Of the District of Columbia.
and while certain public work was un-
DER his inspection, il has been developed
by this investigation that ne has re-
ceived large sums OF money out Of pro-
portion 10 his circumstances, which he
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,
hey now submit the testimony IN this
matter TO you in your official capacity
50 that you may Eaake due investigation
and determine whether such probable
cause exists; and if so found by you,
that you may take such further action
as 10 you may seem proper.
when the Commissioners nave fin
ished their investigation, they viii for
ward TO you all additional testimony
taken by them in their investigation"
A YOUTHFUL SOCIOLOGIST.
Everything has its cause. its simple
and striking and SATISFACTORY cause. if
h a IL -