The Birmingham age-herald., 1911-11-10

as the bank was concerned the law specifically required the president and cashier to file a sworn statement be- tween October 1 and December 31, and that we were going to assess the bank stock as usual. I did not tell him definitely as to whether I would or would not assess my personal property. but told him that I had always done so and preferred to continue to as- sess it. that I would think the mat ter over"
 Eugene L. Brown testified that no proposition had been made to him to escape his property and assess 1t to the back tax commissioner. He stated that he knew nothing of the rumors of graft of his own knowledge.
 W. T. Poe and P. H. McGowan, em- ployes of the back tax commissioner $ office, testified that they had received no instructions about the raising of tex values.
 John S. Leedy, a real estate agent, testified that he knew nothing of the subject of the investigation.
 M. P. Messer Called
 M. P. Messer testified as follows:
 MT. Gambill came to my office pos sbly 30 days ago and asked to see me in my private office. He exhibited to me a power of attorney which he had in ms possession from Colonel Bowman, giving him authority to transact the business of the office. I cannot recall his exact lam guage, but the substance was that it would probably be advisable for me not to give my returns to the tax assessor. He stated that no doubt the assessor would make raises on the property which I owned and represented, and that if would just let my assessments go by un- | let the tax commissioner assess 1t, it would probably be better tor me and for my clients. I listened and said: There is penalty attached to that of a. fee to the tax commissioner and also delinquency fees for each client for not assessing in time, and how could you explain a propo- sition like that to a nonresident I did not like that feature of it, and he talked with me at length. He did not urge the proposition, but put it as a sug- gestion, and intimated, as I took it. that 1 would be safer in the hands of the tax commissioner than in the hands of the tax assessor"
 MT. Messer testified later that he had heard M. J. Gregg, a local attorney, say: You may figure on taxes being great deal higher next year, as it is generally understood that Colonel Bowman has sold his right as tax commissioner to Mr. Gambill for s10,500."
 Champ Yearkin testified that he saw Colonel Bowman shake some money in the face of MT. Patton, but he was at such a distance that he could not hear what Colonel Bowman was saving He testified that he had told John s. Leedy that he had heard talk of Bowman offer ing to sell his position to MT Patton for s10,0o0, and that MT. Patton refused 1t, and he sold it to MT. Gambill. Dr. A. Gibson testified that he was not present when Bowman Is said to have flashed some money in MT. Patton's face.
 Motion Testifies Reluctantly
 MT. Brooke had great tdifficulty in get ting T. H. Motion to testify and it was recessary for the examiner to show the witness that failure to testify would re- suit in punishment. MT Motion was cal1- tlous, It seems, and referred to the possl- nility of his testimony being published He finally stated that MT. Gambill had had conversation with him, and said.
 T assure you that I never even told my brother about the conversation with Mr. Gamti Ill until after yesterday when I was summoned to appear here. I have not discussed it with anybody save MT. Lee Cowart, and I asked him to find out If MT. Brooke could not get along without ne, a s there were plenty of witnesses without me If the newspaper reports were true. did have a conversation with M r. Messer, but l told him absolutely noth- ing. He said that he had had a proposi- ton from Gambill, and he supposed I had the same proposition. I was very eau tious. as did not want to get mixed up in tais thing. It is exceedingly unpleas- ant for me to be brought into this thing because both of these men are my friends and l regret to see that they have made such muddle as they have. I want to say to the credit of Colonel Bowman that he told me my assessments were high enough, and while he was in Montgomery he sent to Jefferson county for a list of my assessments and he told me after that he knew what my assessment was; that it was hish enough and that he was not going to bother me, although he thought had fought him hard enough in the leg islature. MT. Gambill also agreed with me that one particular .pieae of my prop erty was assessed too high. and agreed .5 recommend a reduction. It is with much reluctance that I have testified in this matter"
 C. A. Tyson, a merchant, testified that he knew nothing of his own knowledge Lut tiat Detective Steve Wiggins had told him that Bowman had sold his office t9 Gambil
 John McCartin Vigorous
 John McCartn, after testifying to the conversation between Mir. Gambill and him, was asked the following question by MT. Brooke:
 "Jn other words it was an adroit con- veying of an idea to you that it would be to your advantage to escape your prop erty from the tax assessor and let the tax commissioner assess it?"
 He answered as follows:
 The way I took it was that they didn't give a d. about the state, county or city as long as they made their fees out of it. In other words, it was a part of d fee graft. l have seen so much of this kind of business that am absolutely and unqualifiedly against any d. man in the state, from the governor down, that ia in favor of fee grating; if it was my own brother, l would be against him."
 Webb Crawford was examined concerns ing certain papers reported to Have gone through the American Trust and Savings bank, and answered in the negative to the question: Have you discounted any paper for Colonel Bowman where he exc cuted the same to MT. Gambill?"
 Beatty's Testimony
 l. c. Beatty, general manager of the Birmingham Realty company, testified as follows concerning a conversation be- tween him and R. D. Burnett:
 We were walking down First avenue when Mr. Burnett said, I have a sugges- tion to make to you; that you do not make any returns on your property at all, and let MT. Gambill assess it. I told him that I did not want to go into that kind of a proposition. Then Jonn Jof.a a,-t;, told hot Ca ,la;1