The Washington herald., 1908-05-16


ism had been practiced or countenanced
in the award of contracts.
On his crOss-examination, just before
adjournment, Attorney Douglas asked
some very pointed questions bearing upon
the acceptance of money from con-
tractor by the late assistant engineer OF
highways, and the use Of this money in
building a house. Emphasis vas put
upon the statement that this late en-
ploye had resigned position paying him
s. 500 to accept one in the engineering
department paying but $780, and that he
had so prospered as to be able to buy a
home worth 5000 or $1,000 in 8 few
years.
Capt Markham testified that, as an en-
gineer, he had scanned records of the
Office and ali dealings completed by the
engineer department for the past year.
AS a result, he contradicted the testimony
that .dr Brennan advanced at the first
days hearing. namely. that there had
been instances Of favoritism in the en-
gineer department
Charles Fernaid. formerly assistant en-
gineer Of highways. was present at the
hearing yesterday, but was not called
upon to testify. Owing to illness. he was
not present at Tuesdays hearing.
Contradiction of brennan,
That Mr.. Brennan had ever himself
heard the remark. TOO chinchy," which
Mr.. Brennan testified he had heard ap-
piled to his firm in the engineer depart
ment office. was denied by Capt Mark
ham. He said that the remark came to
Mr.. Brennan's ears secondhand,
It was also declared by Capt Markham
that Mr.. Feraald could not possibly have
shown favOrltism in the award OF con-
tracts. since his official position did not
put him in the position TO do so.
AS the Commissioners ordered, the
charges of favoritism were not divorced
from the investigation Of the conduct of
Mr.. Fernald. Evidence in both these in
vestigations went hand in hand, IN spite
Of the attempts Of the attorneys for the
Brennan company 70 divorce them. =
That MIR. Brennan's firm had been an
unsuccessful bidder for contract work on
streets ever since It had been submitting
bids 20 the District was also deried by
Capt. Markham, who referred 20 figures
and the official records 10 show that even
il such were the case. the Brennan COM
pany had been a high bidder. and the
highest bidder on certain contracts
He admitted the division Of the contract
for the construction of a pumping sta
ton would have saved the District
money He pointed out that there was
q clause ia the contract which prohibited
the division Of the work OF the contract.
For this reason, he said. all the work on
the sewage pumping station was put In
the hands Of one firm. which was neces-
sary. in order that the contrast might
not be violated.
Wanted TO stop Inquiry.
Attorney Douglas asked
Captain, were you and Mai Morrow
not informed that Joseph II. Bradley, OF
the Potomac Sand Dredging Company.
went to several persons interested in this
case, among them being Mr. Brennan,
and said, For Gods sake. do something
tC stop this thing. as the disclosures will
send two Of my best friends to the penl-
tentiary' meaning NIeDermott of the
AIcAIullen & McDermott Construction
Company, and Joseph Crawford, of the
Crawford Paving Company
Capt. Markham replied that he had
been informed of something TO that ef-
feet, but when he asked Mr.. Bradley 10
repeat the conversation in question he
declined 10 do so.
Were you not Informed by some one"
Mr.. Douglas inquired, that Mr.. Bren-
nan would drop the charges il Mr.. Hunt.
engineer OF highways, and Mr.. Fernald
we're asked to resign2''
THAT is news TO me-" Capt Markham
replied.
FernaId Unable to show Preference.
Capt. Markham testified that man in
Mr.. Fernald's position could accept a
gift. be It money or anything else with
cut being elassed as dishonest. It was
not a brbe. he maintained, but q breach
Of official duties in so far as he did not
notify the Commissioners or his superior
officers before accepting the gift
More serious yet, Capt. Markham said,
was that Mr. Eernald should borrow
money from Mr.. Brennan. an open breach
of the rules of the engineer department.
which state that no empioye of the de-
partment shall borrow money from, or
have financial dealings with, any con
tractor.
In speaking of the term too chinchy,"
which Mr., Fernald is accredited with
having applied to the Brennan company,
Capt. Markham said that the term is one
frequently used by Mr.. Fernald, and to
1t no significance can be attached.
CrosE-examinatiOn of Markham.
Attorney Douglas, counsel for the Bren-
nan Construction Company, cross-ques-
toned Capt. Markham. and asked him
whether Mr.. Fernald had paid for a $1,000
house in two years, while receiving only
1850 a year for his services with the
District government. This Capt. Mark
ham admitted. He also remarked he had
once asked Mr.. Fernald where the money
for the home came from and he was an
swered.
Am I not enHtled to home? I have
been working for the District government
more than twenty years Isn't it plausi-
bic that within that time 1 should have
saved the money!"
Attorney Douglas asked whether he
would not be suspicious if he were to 20
TO an employe of the District and ask the
question why don't 1 get portion of
the work Of the government" and this
empioye should reply, You are too
ehinehy; you must put up for the work.
Capt. Markham said thai under the cir
cumstances he would not. The expression
was one too frequently used By Fernals
to attach any such Interpretation to II.
he said
Although Capt. Markham was the only
witness called upon to testify at yester-
days hearing he will also ne called upon
this morning when the third day of the
hearing is. convened at 10 o'clock. The
other witnesses who have been sub
poenaed to appear before the Commits
sioners to testify will also be heard this
morning, including Mr.. Fernald.
Watch for city-Randle Highlands.