The Birmingham age-herald., 1908-11-21
EDide71Ce Is He0rd m
 Charges Ag0inSf KIOtZ
Arguments Will Be Made by Attorneys at Hearing to Be Given This Afternoon-S W. Slaton, Klotzs Former
 Partner Proves the Most Sensational Witness.

which the matter was referred for an investigation, heard the testimony last night in the charge that Alderman | Simon Klotz had received commission
 from the Birmingham Realty company
 in the deaf whereby the city became possessed of half block on Avenue D. between Fourteenth and Fifteenth streets.
 After hearing all the evidence the
 committee adjourned to meet again
 this afternoon at 12:30 o'clock, at
 which time the attorneys will argue the points in the case. The alderman accused is represented by Cabaniss & Bowie and UIlman &
 Winkler Attorneys Jesse stallings
 and Fred Winkler are representing the
 prosecution.
 l In the testimony last night it was brought to light that the charges
 against Alderman Klotz were based on
 statement of S. W. Slaton, a partner 1 of Alderman Klotz in the real estate
 business, which statement was made on
 account of a disagreement between the l two partners.
 Mir Slaton's testimony to the com
 mittee was of a sensational nature.
 Paid the Comm ission. It was further brought out that A. l.. F'ulenwider, at that time president of the Birmingham Realty company
 which company sold the Avenue D property to the city, paid to MT. Klotz by means of a personal check $4OO as
 commission, and that $500 of this amount MT. Klotz turned over to his
 firm and placed the other $100 in the
 bank to his credit MT. Klotz and
 MT. Fulenwider both testified that
 nothing had been agreed upon as to
 the matter of a commission, and MT. Klotz testified that the reception of
 the ch eek came as a surprise to him. There was substantiated testimony,
 too, that after the reception of the
 check MT. Klotz went to MT. Fulen-
 wider in an endeavor to find out the reason why. it was sent.
 After some delay relative to the re-
 quest of the attorneys for MT. Klotz
 that the defendant should be given
 time in which to prepare himself, and
 that the charges should be made more
 definite and specific, the investigation
 was begun.
 The report of the finance committee recommending that the property on Avenue D, between Fourteenth and
 Fifteenth streets be purchased was read.
 Mayor Ward then took the stand and ha with the Birmingham Realty company for this property
 Siaton Is Important Witness. s. w. Slaton, who is partner in the insurance and real estate business with MT, Klotz under the firm name of Sla- ton & Klotz, stated that before tho
 transaction involving the property in question was closed, Alderman xlotz told him that if the deal could be pulled through he could make a commission of $400.
 Upon being questioned MT. Slaton test- fled that after the property had passed into the hands of the city he asked AL derman Klotz if he had received his com mssion and stated that MT. Klotz told him that he had received $500. Mr. Sla- ton further stated than when he asked Mir. Klotz what had become of the s10O of the $400 the alderman said: q had to pay s10O to another party for
 his help in getting the deal through"
 The daybook of Slaton t& Klotz was in-
 troduced, it bearing an entry under date of June 25'' showing the recept of $500. When the book was shown to MT. Sla- ton he said that the date of the entry i had been changed, and that he was posi-
 tive that the entry was originally made under date of June 6. He pointed out to Mir. Bowie, who was examining him, that there was evidence that an erasure of the date had been made. He testified that he had examined the book several times and that where the '25'' appeared on the
 book he was positive '6'' had been orig inally written.
 When asked when he discovered this alleged change of the date of the entry MT. Slaton said:
 , q have just discovered it-when you showed me the book
 Upon being questioned further he de- clared that his memory was very clear
 
 made on the eth"
 Mir. Slaton stated that Alderman I<lotz tol1 him immediately after the deal had been closed that MT. Fulenwider of the Birmingham Realty company gave his
 individual check for the s4Oo commission.
 On Cross-Examination. Upon being cross-exa mined Mir Sla ton
 repeated his statement that he was pos tive the entry showing the receipt of the $500 was originally dated June 6. Mir. Saton was then questioned as to
 who the third party in the transaction was.
 MT. Slaton, who was this party to whom Mr. Klotz told you he gave the i $10O for assisting in putting the deal trough asked MT. Bowie q don't think I am under any obii-
 gation to answer that replied MT. Sa l ton.
 But I think you are. Who was it?'' 1 insisted Mr. Bowie.
 "well, if you insist, it was John Me l Cartin." answered the witness. 1 At this point the ledger of Slaton & | Klotz was introduced. The entry on the l ledger of the $500 in question bore the
 date of June 25 and MT. Slaton stated
 that it did not appear to have been i changed.
 l When asked whom he had told of the l transaction the witness stated that among 1 others he had told MT. Estes. l MT. Slaton," asked MT. Bowie, 's
 it not a fact that when you saw Alder
 man Estes you told him that you ana ] MT Klotz had had disagreement and aI<,,, f<