The Washington times., 1911-11-02
HORSTMANN FAILS
TO APPEAR, DROPPED
FROM KALBFUS CASE
Commissioners Offer Tc
Send For Him, But
Hogan Declines.


question of his appearance was solved
very easily considering the large
amount of discussion at the investiga-
ter between his counsel, H. Prescott
for Samuel T. Kalbfus.
The Commissioners did say that II
Mr.. Hogan wished Mr.. Horstmann sent
for on the understanding that he would
be quixzed only on matters pertinent to
the investigation and not as to his pri-
vate life. the Board would send out and
bring him In.
Mr.. Hogan declared that the question
material to him.
But before the matter was-droppcd,
the Commissioners paid their respects
to Mr.. Galley with respect to Mr.. Cat
ley's charge at the last session, that he
had not been given chance to take
part In the investigation.
Rudolph's Statement.
Commissioner Rudolph rose and read
the following prepared statement:
Counsel for Mr.. Horstmann, at the
last meeting Of the Board of Commis-
sioners In this case. addressed the Com
against his client being again placed
upon the stand. for the reason stated
that he believed II was the purpose Of
opposing counsel to question his client
Now II is the understanding of this
Board that the questions proposed to
be asked by opposing counsel are re-
lated to matters important to be known
They are, therefore prepared, II oppos-
ing counsel still 80 desires, to summon
Mr. Horstmann, but they will not re-
quire him to answer. nor do they de-
are not pertinent to the subject OF this
inquiry: questions. for example, dealing
with the private life of Mr.. Horstmann
and not connected with the discharge
of his duties while an employe OF the
Excise Board, or with the action of
that Board in discharging Mr.. Horst
mann.
The Board asks whether counsel for
| be called?''
Hogan Makes Reply.
Mr.. Hogan said:
1.-The recall of Mr.. Horstmann Is alb
| solutely immaterial to NE now. The
Board was acquainted with the nature
II the questions I intended to put. and
knows they were pertinent to the inves-
tigtsion. I am content. however. to let
the matter rest because the facts have
| been brought out otherwise"
Commissioner Rudolph then read on
THE. Board was surprised to hear
counsel for Mr.. Horstmann. when, for
the first time he addressed the Board,
| insinuate that his privileges before the
Ss Soa,d Is.,nsd had been In any decree less than
| "a place was ASSIGNED said counse,
at the table OF the Commissioners. and
Il was known to the Commissioners that
| hn PrAo ls~~z- n
yising the assistant corporation counsel
detailed by the Commissioners to ex-
| I'm reply to an invitation by the
president Of the board, said counsel (see
page 5Oo Of the reccrd) replied as fol-
| lows:
! "I am very much Obliged, Mr.. Presi-
dent. but ! think ! win continue to play
shall not be with you during tn. entire
| investigation. but prefer to remain in
the attitude of a listener
What Counsel Said.
| Furthermore. the board invites said
| c0unsels attention &C the fact that he
informed one Of the Commissioners very
early In this investigation that he did
not desire to take any other part in the
investigation than that which he was
| taking. stating also that he probably
could not be present throughout the
| hearings.
! Notwithstanding what has been nj.
fready said, and Notwithstanding that
said counsePs objection was not made
until this investigation was almost con-
cluded. and then only by inference or
innuendo. the hoard desires to state that
| IL will summon any witnesses now de-
! sired by said counsel to be called, wSeth-
er or not said witnesses have already
heen placed upon the stand. and Will
cause sll proper questions formulated
ty said COUNCIL to be duly answ.red.'s
Mr.. Galley was not present. Assist
| ant Corporation Counsel White rose and
yer, it ought to be explained that a case
| of Importance in which Mr.. Galley ap-
pears for the defense. was called be-
for the Supreme Court of the District
| this morning.
| Commissioner Rudolph submitted as
an exhibit chart of the table and de SIX
arrangement of the board room. show
Ing that place had been marked out
began. After this the taking Of evidence
| proceeded.
| James L. Feeney q Witness.
One of the witnesses of the morning
was James L. Feeney. who was due to
have appeared earlier, but who was ab,
sent when his name was called. Mr.
Feeney entered a positive denial Of the
rumor that It was he who inspired Con.
gressman Bennet's attacks on the Com.
missioners and the Excise Board.
| H. II. Darneille, former Excise BoarC
member, testified about a letter from
former Speaker Joseph c. Cannon tc
President Taft, relative to why a clause
was inserted IN the statute making Elk.
else Board members irremovable during
good conduct. F. Oden Horstmann ap'
peared one day, Darneille testified, ask
Ing &c see this letter. In the course OF
conversation, 80 the witness said
Horstmann accused one member of tn,
Excise Board of improper conduct. and
added: II have the proofs In my pocket
"Did he ever show you those aiIeget
proofs?" asked Mr.. Hogan.
He would not when I asked him. bu
said that II would come to his apart
ments some afternoon we would dissec
them over a good cigar"
'To whom did he refer?"
According to Mr.. Darneille. Mr.. Horst
mann disparaged. though not so seri
ously. two other members of the board
, Messrs. Richards and Trimble. "Mi
, Mackenzie" he said, was the onl!
, strong man on the board" added Nj
Darneille.
proofs?"
"No"
A. G. Ciapham and r. A. Cecil cash
Ter and teller of the Commercial Ma
: tional Bsnk, testified Mr.. Cecil toll
about the discounts which Mr., Kalbfu
1 t,,t1 he lott hA(A