The Washington herald., 1908-05-27

ground that CranfordS attorney had
made a misstatement
Mr.. F1annery. we have evidence and
facts here from which we all infer Nc.
Dermott and the Drake-Stratton COM
pany gave money 10 Fernald," said
Douglas.
Attorney Flannery refused TO consider
circumstantial evidence. and then asked
Brennan the same question. Brennan re-
piled that he had given Fernald $500
voluntarily.
Attorney Lasky. representing Fernald.
took hand in the examination. and
asked Brennan why he did not produce
Fernald's personal note at the Commits
sioncrs' hearing when Fernald was made
TO resign.
II did not produce the note because
Fernald had said before Maj. Morrow
and in my presence he did not receive the
money from me. did not want to con-
front him."
o. II. p. johnson, secretary OF p ].
Brennan Company. was called to the wit
ness stand and testified that Bieber had
offered him $4,000 on condition the Bren-
nan company did not bid on the contract
In question.
In closing his testimony. Johnson said
Bieber's statement that he had offered
r-NfNNS
was absolutely absurd.
The Morning Session.
1t was brought out at the morning ses-
sion that Charles McDermott. OF the Nc
Dermott-McMullen Construction Com
pany, who Charles Fernald is alleged to
have said gave him $500. and who was
subPoenaed TO appear before the COmmis-
Ell lagk ,,ft Az Fcrlc
the beginning OF the hearing. This fact
was contained in the testimony OF James
]. Overn. an engineer of the McDermott-
MeMullen company. the first witness
called
Mr.. Overn said McDermott had visited
several cities since he left washington,
and added he was ignorant OF the pres
ent whereabouts OF McDermott
He was In Philadelphia yesterday. hav-
ing been summoned TO testify in a dam
age suit, and I don't know when he Will
return 90 Washington" said the witness.
Attorney Douglas took UP the question
Ing. and subjected Mr.. Overn TO a gruel-
ing cross-examination.
I suppose you recognize the seriousness
and gravity OF the charges made against
Mr. McDermott?' Mr.. Douglas asked.
Il like the word inference better than
charges" F" said Mr.. Overn.
We'll, then, you consider the inference,
rs you call It, grave. don't your
Yes"
Have you seen McDermott since he
left town."
Yes; I saw him IN Philadelphia on Fri
day"
did you tell him the Commissioners
had summoned him to testify before them
in connection with the allegations that
he had given Fernald $500, and did you
advise him 10 return2'
II told him he was wanted" witness
said. 'and 1 gave him some Washington
newspapers with articles about the In
vestigation IN them, I didn't advise him.
though"
Mr. Overn. you are under oath and I
ask YOU the broad statement whether OF
not you suspect Mr.. McDermott OF pur-
posely evading the law anu has no idea OF
showing up2' asked Attorney Douglas.
Il have no right TO suspect anything"
replied Overn.
When Mr.. Overn finished his testimony
Commissioner Macfarland said:
1T is not too late for Mr.. McDermott 10
appear. This investigation began on May |!
p Mr.. Overn says Mr.. McDermott left |
one day later. The Commissioners issued |
the subpoena, OF which Mr. McDermott |
has had notice, on May H. when his name
was furnished 20 the Commissioners. II |
Mr.. McDermott does not appear. the /
Commissioners will take notice OF the |
fact in their conclusions. Moreover, the /
record OF this hearing is being sent day |
by day 10 the United States attorney for /
the District, and he will hare the entire /
record when we fnishp
Brennan on the Stand.
Mr.. Brennan was then called TO the stand. |
On cross-examination he was asked by /
Flannery whether the Charges |
against the Crawford Paving Company /
were confined 10 his letter OF May : TO /
the Commissioners, asking for an investi- |
CATION
My letter conveys all that have 10 |
say" said Brennan.
Concerning the offer Of 1900 TO Sidney /
Bieber for the privilege OF dumping dirt /
from the site OF the House Office building /
on Beiber's land. Brennan said the offer |
was made at the suggestion OF Bieber and |
oy the witness on the belief that it was |
money-making proposition.
Il understood from Mr.. Bieber that he |
had sufficient control over the PennsyI- /
vania Railroad TO build a through service |
to the property without cost to me-" said /
Mr.. Brennan. If the offer had been ac-
cepted. ! would have made a profit OF 500
100, or $4,000 more than I would have re- |
ceived II had been paid by the District |
for the earth dumped by me on the Union /
Station plaza"