The Birmingham age-herald., 1908-02-21
O'BR|EN TALKS ON
 HUNDLEY'S CASE Charges Personal Interest Mo- tive to Judge Richardson REVIEW OF THE TESTIMONY Hundley Will Finish His Testimony Today on Action In Southern Steel
 Matter-Party Calls On
 President.
REVIEW OF THE TESTIMONY

Washington yesterday, ana was WdIfn- ly greeted by his many friends, who note with pleasure the fact that his stay at the national capital seems to have improved his physical condition very much.
 As is we'll known, he went to Wash
 ington In connection with other friends in the interest of the confirmation of his son-in-liaw, Judge Oscar R. Hundley, whose case is pending before the United States Senate. Asked if he had any ob- jections to giving the status of that mat ter at the time he left Washington, he replied: "I have no objection to giving you the situation just as I know it, and as every other well informed and fair minded man among the senators and con- gressmen admit-which is, that Judge Hundley's confirmation is an absolute certainty; and that the charges against him are frivolous and unfounded Is matter of common talk in Washington.
 "of course you understand, the hearing was private, but Judge Hundley has been furnished with full copy of the testi- mony, which I have read. Messrs Ben ners, Hood and Adler testified in refer ence to the Southern Steel company mat ter, and, while 1t would be improper in me to mention their testimony in de- tail; yet, deem it not improper for me to say in this connection, that the ham ding of them on cross examination by a. member of the committee left very little in their testimony of detriment to Judge Hundley.
 Al inn Southern Steel matter, and his business like statement, am informed, has made profound impression upon the commit tee, and upon all the senators and con gressmen who heard it.
 Many senators have freely expressed the opinion that the failure of Messrs. Benners and Hood to take an appeal from any decree, which has been rendered by Judge Hundley in this case, includ- ing the one appointing the receivers, is a complete answer to the charges in ref- erence to the Southern Steel matter.
 The resolution adopted by the credi- tors, and which was seconded by MT. Benners, indorsing every act of the re- ceivers appointed U Judge Hundley, was in strange contrast with the testimony of MT. Benners before the committee, and is having telling effect in the weighing of the evidence in the case.
 Will Conclude Statment Today.
 Judge Hundley began his statement before the committee last Friday and will conclude at the meeting tomorrow.
 'I noticed while in Washington. that the Montgomery Advertisers Washington correspondent has published a statement that Judge Hundley made an attack upon democrats, and made a charge in reference to ballot box stuffing. There is not one word of truth in this; for he made no charges against anyone. but did indeed handle Judge Richardson very vigorously during the cross examination of that gentleman, and produced letter which greatly dsconcerted the latter.
 Answer To Gambling Charge.
 "An incident occurred during the cross examination of Judge Hundley which | created no end of amusement in Wash | ington. The judge was asked if he had | not been convicted of gambling, to which | he replied in substance: That 27 years | ago he had been invited by one Nicholas | Davis to join, with three others, in a | game of poker in his (Daviso law of- | flee in Huntsville, Ala. Davis who was | a first cousin of Judge Richardson, was | at that time county solicitor He stated | that Davis had procured a little negro | thief. who he had released from jail on | habeas corpus to make affidavits against many Huntsville people-Judge Hundley | among the number; and that he was tried for this offense and convicted | before Judge Richardson, who was at that time judge of the county court, and who received a fee of s4 for every case he tried, Davis getting fee of $60 for every conviction. In this connection, | Judge Hundley further stated. that prior to the prosecution against him, he had been Instrumental in defeating Judge | uncle for. mayor of Hunts vile: and he had defeated Davis for city attorney. and that he, Judge Hund- | ley, was the only one engaged in the game of poker in Davis' office, who was on the affidavit of this negro thief, and convicted upon the testimony of Solicitor Davis brother, who was also In the game. Judge Hundley exhibited to the committee a copy of the report of l +he supreme court of Alabama, in the case of Sale against the state in which he facts in connection with these prose- ,utions were fully set forth.
 "The relation of these facts seemed to lisconcert Judge Richardson so complete y that he nterpolated into the record statement that the grand juries at that ime had failed to indict the gamblers and his method was necessary in the admin stration of the law. To this Judge Hund- ey promptly replied that he would pro- luce editorials from the Huntsville Dem- 'crat and the Huntsville Advocate, pa- ,ers then published in Huntsville, in which the whole thing was denounced as 'fee-making arrangement A promi- lent Senator, who was present during the xpose of the gambling episode, was heard o remark: That Judge Richardsons S dis omfiture was painful to behold when | udge Hundley exposed the family graft t is generally admitted-for 1t is plain to | e seen-that Judge Richardsons actions n this whole matter are based on his per onal antagonlsm to Judge Hundley, al- hough, when with Judge Hundleys rends, he asserts in his pharsaical way hat he is not actuated by any personal ceiling.
 corrects Newspaper Story. h "A Washington newspaper man called 0 see me and said he wanted to write omething in Judge Hundley's interest. Ie said he had written story for |