The Washington herald., 1908-05-23
DISTRICT ATTORNEY
GIVEN TESTIMONY
Continued from Page one.

tentlon Of his position. but was over
ruled by the Commissioners.
Reading from records Of the bank Mr. /
Mckee stated that Fernald had opened /
an account with the bank on June %. /
1901, with deposit OF $1,000 May II,
1906. Fernald deposited S220; June l6 Of the
same year he deposited 1910; August l,
a,SSo; September 6. 500; November !, 5000; |
November 10, $500; December IS, N,020 |
On April y, 1906, Fernald put 800 in the
bank. On April 10. $780, May z, 1880; !
December %, Sl,000. December "A, 1907,
$50, and January 20, 1908. $3.50, or a total
OF over $4,000 in a period Of less than
four years.
Mr.. Mckee also told Of the Withdrawals |
made by Fernald In that time.
Attorney Douglas. reading from the
bank records, then tried 10 show that
the deposits We're made by Fefnald just |
after the MeDermott Construction Com
pany had received money from the Dis
trict for work which It had completed. /
Commissioner Morrow asked Mr.. Nc |
Kee to prepare any other information |
he might have of accounts Fernald had |
with the bank and also said that the |
Commissioners would call on other banks |
in the city TO see if Fernald had opened |
accounts with them.
E. L. Hillyer, representing the Union |
Trust Comapny, testified as TO q deed |
Of trust on Fernald's home. He said that
the latter had always met the notes in |
advance and on one occasion five notes |
had been taken UP in one day.
] Ehnahan roufvuo4ur told Of
submitting his bid for the First street |
work, and said that he had been in |
formed that II must be IN BY noon, and |
that he was under the impression that |
all bids were opened at that hour.
John {. Roche, formerly an officer OF |
the Barber Asphalt Company. told of
attempting to consolidate the Crawford |
and Brennan companies, but the deaf had |
fallen through.
Bieber Denies Offering Bribe.
Sidney Bieber. who. 1t was alleged
on Tuesday. had offered $25,OOO to o. H |
Perry Johnson, secretary OF the Brennan |
Construction Company, if that concern /
would not compete for the paving work, |
was called. Commissioner Macfarland /
asked him II that was true and Mr. /
Bleber replied that It was not
''Rumor had it," said Mr.. Bieber, that |
the Brennan company was about 70 go TO /
the wall. 1 understood there was /
mortgage Of $4,000 on the plant, and 1 /
thought I might acquire the business. [ |
talked with Brennan. and he informed me /
that he was going 10 retire from the /
asphalt business and was contemplating /
the taking up Of some work on the Erie /
Canal"
Bieber said that Brennan referred him |
70 Mr.. Johnson, and that he offered she 4
latter $1,000 for the equity In the asphalt /
plant.
Did you offer johnson $4,000 not to
compete in paving bids?" asked Commits /
sioner Macfarland.
Il did not" responded Bieber.
Bieber continued that the deal fell /
through because the Brennan Construc-
ton Company would only consider the
sale OF lis entire plant, for which Il /
wanted S5000O0-a price which he thought /
absurd.
In response TO a question from Com /
missioner West as 10 how Johnson had |
received the S25,005 offer, Bieber said he /
could not state exactly.
Did he jump al itT'' asked the Com /
missioner.
No" answered Bieber. he did not
jump at It."
Bieber as Capitalist.
Attorney Douglas. representing the
Brennan Company, then took the witness
on cross-examination.
In answer 10 the query Of what his /
business was, Bieber replied that he was
a capitalist
How do you expend your capital?" /
was then asked.
Witness replied that was a personal /
question concerning his private affairs /
and he refused TO answer, The attorney /
then asked Bieber if his offer Of s25.000 /
had been made in good faith and witness /
replied in tic Affirmative.
You were not toking?' asked the at
torney.
Most certainly not" replied the wit
ness.
Did Johnson knock you down when
you made this offer?" asked 8Ir. Douglas.
Il don't look Ike II, do I?' said Bic
Der
We'll, you might have got up" re-
spOnded Douglas.
When asked as to whether he had the
capital necessary 70 pay for the plant If /
his offer had been accepted, Bieber &C.
elined to answer, but said that If the /
deal had gone through the money would |
have been forthcoming. He said that he /
represented himself solely in the matter,
Joseph Crawford, OF the Crawford Paw
ing Company. was then called, and ex-
planned his idea of the increase of the /
work under the contract of March 30, /
after which there was an adjournment I
taken until 2:S0 in the afternoon.
FernaId Called to stand.
At the resumption of the session the
first witness called on was Charles Fer
nald. Attorney Laskey. representing Fer /
nald said that he had advised his client |
not to testify. Laskey said that Attorney |
Douglas had stated that he would show /
corruption on the part Of Fernald. and |
contended he had done SO. This asser-
ton, said Laskey, placed Mr.. Fernald In /
the light of a defendant.
IF this board had the power to free /
or acqu& Mr.. Fernald Of these charges
for all time, I would not object TO him /
testifying, but II Is beyond the province /
of the board to do So"
DO you realize the position in which /
this action places him with the Board of |
Commissioners. asked Commissioner
Macfarlana- Mr.. Laskey said he did.
Fernald was then sworn, and took the
stand, from which he announced his in
tention of refusing to answer any ques-
tiong.
He was excused, and Percy Crawford.
vice president of the Crawford Paving
Company, was called. lie stated that he
had been with the company for twelve
years-four years as superintendent and |
eight years as vice president He said he
did not consider awards made By the Com
missioners for Isorl binding until he had |
received the grade sheets. He said that,
with his brother, they figured out their
bid or the first street work the night
before the bid was to be let He had