The Birmingham age-herald., 1910-09-01
New Testimony Given In l||i
 noiS Central Case
HEAVY OVERCHARGES MADE
Clarence H. Polly, Former Chief Clerk of the Osterman Company, Testf- Hes to Padding Bills fo, Re-
 pairs of Cers

Chicago, August s1.-Clarence H. Polly, former chief clerk of the ostermann Man ufacturing company, was the chief wit ness for the prosecution today in the hearing of conspiracy charges against Frank B. Hartman, John M. Taylor and Charles L. Ewing, in connection with the Illinois Central car repair fraud.
 Polly's testimony was quite as sensa- tional as that given on Monday and Tuesday by Theophile Reuther and Fred c. Barbottl also former employees of the Ostermann concern. Polly corroborated to a great extent the evidence given by Reuther and Barbott particularly re- garding the laxity of Illinois Central car inspectors. Polly's connection with the Ostermann company, he said, covered the years 1907, 1908 and 1909, during which time he declared that from 55 to 150 per cent was added to all of the Illinois Central repair bills. He stated further that he and other employees Of the Os- termann company had access to the 70. K" stamps used by rile railroad car inspectors and that he frequently thus sta mped bills to be presented to the ral- road company for payment The witness said in making out the padded bills against the Illinois Central he had on file a list of the numbers Of a large number of the railroads cars. He said the numbers were obtained from H. linois Central car inspectors.
 Repair Bills Submitted
 .Did the Ostermann company ever de- mari from the car inspectors records Tn submitting repair bills to the Illinois Cen tral' asked Attorney Walter l.. F'sher for the prosecution. Yes"
 'JJnder whose orders?' Henry C. os- termann replied Polly. A
 "What were the orders given?' ITO pat as much on the cars as we could
 ~What was the average amount or the b;usp, ..They varied from $3oO to $4oo a car"
 "who gave instructions as to the change of ayerage?' "Ostermann, In 1908 1t was $sz5 and in 1909 it was s27o.
 Were there any records Tn the oHlce of the company whereby the actuai wo, W done on cars was shown?" "Yes, the witness replied, but they were never referred to-
 Polly was shown a memoranuum hnok said lo. have bscr stSvist by iWH- liam Schafer, one of the Illinois zen tral inspectors at the Ostermann plant. This book contained the numbers or about 400 oth CTS.
 What was said about these mum bers?"- asked Fisher These numbers, said Polly. referring to the book, are the numbers of cars which Ostermann said to make bills for and run to the limit"
 Attorney Fisher asked Polly wheth- CT the stamp of Roth. Inspector l. c. Railway" indicated that the latter had incurred into all the repairs made upon railroad cars.
 stamp on the Bills
 "Did he always put the stamp on the btlls?" asked Attorney Fisher Well some times he did and some times he did not. and then l did, was the response
 "What was the occasion of year o. K. upon the bills?" Some times Roth was pretty busy and told me to do it, was the reply.
 Even the defendants laughed at ths 1uncture in Pollv's testimony.
 Polly said he did not think the in- spectors whose name he signed or stamped ever made an inquiry to de- termine whether the material set forth in the bill was ever supplied.
 William Anderson, president of the West Pullman Car works, was called to the witness stand by the prosecution during the afternoon but gave little testimony. Vigorous objection was made by Andersons counsel, who said that the move was subterfuge of the Illinois Central railroads representa- tive to get certain evidence to use in the railroads civil suit against tho West Pullman car works concern.
 Attorney Fisher intimated during the course of his argument that he had been hampered by lack of legal au- thority in his investigation and that he would expect Judge Druggemeyer to issue bench warrants necessary to bring further evidence. None of the lawyers connected with the proseou- ton would tell who other defendants might be, but it was indicated that others of the resigned officials of the railroad might be brought into the case at any time.