The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-02-21

~ VIDENCE even more startling in
L. its nature than the sensational
confession OF Councilman Gates
on "Wednesday was dragged
from terrified witnesses yesterday in
the hearing of Chesapeake and Ohio
rebate charges before Hon. Franklin
X. Lane. of the Interstate Commerce
Commission.
AT the very moment when the in-
qury was apparently about to sail
along uneventtully toward its close,
came the discovery that important
and valuable records OF transactions
since the Hepburn law became effec-
tive. had been destroyed by Linn B.
Enslow, auditor Of disbursements
without the knowledge OF any officer
of the company save the comptroller,
Mr.. l.. r.. Sullivan. The fact that the
confidence reposed In the Chesapeake
and Ohio by other lines had been shat
tered by the alleged practice of false
billing, and that other shippers than
w. r. Johnston had violated the law,
were exciting enough in their way,
but these minor infractions of govern
ment regulations We're threadbare to
a degree compared with the more Sc
r!ous offense. which astounded Com
missioner Lane and forced him there
after to conduct the examination per-
sonally.
Crowd Of Business Men.
There was no hint OF the impending
excitement when Edward NJ. Thomas.
clerk to the auditor Of disbursements.
was called to the stand. The court
room was crowded. not with a morbid,
curious crowd of spectators, but with
railroad officials, shippers. bankers and
business men. Mr. Thomas had been
ordered by the commissioner to pro-
duce certain papers. BY these docu-
ments the government was attempting
to prove that on Endorsements of A. p.
Gilbert the Genital figure around whom
the whole net Is being woven. rebates
had been paid to local shippers In 1885,
the charge thus relating to a period
subsequent to the enactment OF tha
Hepburn law. With the manner OF a
man accus toned to plain dealing Mr..
Marble, of counsel for the commission.
mildly requested Mr.. Thomas to state
whether or not he had produced the
papers.
"They have been destroyed" said the
witness. II made casual inspection.
but Mr.. Enslow told me they had been
burned
Then I shall ask you to make per-
sonal investigation and report here to-.
morrow" said Mr.. Marble.
At this point Commissioner Lane
took the witness In hand. He found
that Mr.. Thomas had dismissed the
matter from his mind on the statement
of Mr.. Enslow.
II hardly think 1t will be necessary
to issue n subpoena for Mr.. Enslow."
said Commissioner Lane. Tell him to
come here tomorrow at 10 O'clock"
Dramatic Scene.
The crowd pricked up its ears Mr..
Thomas was shifting uneasily in his
chair, and yet he was, perhaps, the
most normal man on the witness stand
during the. day. Mr.. Henry T. Wick
ham. general counsel for the Chesa-
peake and Ohio. was watchful. Sud-
denly the baize door swung open and
the ever active eye of Mr. Wickham
caught a glimpse of Mr.. Enslow en-
tering the courtroom. He was on his
feet instantly.
II see that Mr. Enslow has Just come
In, and he might testify now"
IT was the most extended state~
ment Mr.. Wiclsham had made since
the hearing began. Commissioners
Lane arose before Mr.. Wickham had
concluded. Mr. Enslow advanced to
the front. Before he had reached tho
stand Commissioner Lane was swear
Ing him.
The scene was dramatic. Mr.. Enslow
vat down, and tht commissioner leaned
pver on the beach and questioned him,
The work was quick,
Destruction of Records.
Then by piecemeal Mr., Enslow tes-
tilted that Mr.. Thomas had come to him
X, lContinued on Tenth PageA