Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-10-31
Horstmann Has No Further
Testimony, Lawyer Says.
NO FURTHER APPEARANCE
Will Resist Attempt to Inquire Into
Personal Affairs.
LIMIT PLACED ON POWER
Commissioners May Send for Wit
nesses, But May Not Compel
Them to Give Testimony.

Whether the District Commissioners in
tend TO summon +. oden Horstmann be
fore them again as witness I'm the excise
hearing when the latter Is
resumed Thursday could not be learned
from any Of the Commissioners today.
After a two-hour conference this. morn
ing, in which the excise hearing wa.
discussed from all angles. not a word
could he obtained from any OF the Com
missioners on the subject OF Mr.. Horst
mann.
The Commissioners were practically
yesterday to try to require Mr..
Horstmann to give testimony regarding
his personal affairs. II. Prescott Galley.
his attorney, told the Commissioners that
Mr.. Horstmann had no more relevant
testimony to offer, although Frank Ho-
gan attorney for Samuel r. Kalbfus. was
very positive in his demand that Mr..
Horstmann be produced
Not Compelled to Talk.
Mr.. Galley told the Commissioners that
they could not force his client TO talk.
Under the law the Commissioners have
the power to subpoena witnesses and to
send an officer OF the law after them.
This law has been in effect since 1a16.
when the appropriation act amended the
police trial board laws so AS tn extend
the Commissioners power TO subpoena
witnesses to all branches of the municipal
government.
However, even if they do bring wit
ness to appear before them against his
will or against the advice of the attorney
of the witness. there Is no way TO force
him to answer, as contempt OF court
does not extend to the District building
Declined to Answer.
Mr. Galley refused to answer any
questions about his client at the hearing
before the Commissioners yesterday aft
ernoon, and gave notice that ne would in
struct Mr. Horstmann not to answer any
question concerning matter which
Frank Hogan. attorney for Samuel T.
Kalbfus. had been trying to open for sew
eral days.
affairs of Mr.. Horstmann is admitted.
Just what these matters constitute and
what the line OF questioning Will be are
matters known to the Commissioners.
week to allow Mr.. Hogan to go into
them. Very little knowledge OF that Sc.
cret session was known until yesterday.
when IL appeared that Mr.. Galley had
Iull KNOWLEDGE Oh what nau tFdntpfTe0
behind the closed doors.
Horstmann Not Present.
The storm broke at the close of yester-
day afternoons session. when for the
second or third time during the day Mr..
Hogan called for Mr.. Horstmann. Mr..
Galley said that his client was iil. and
went on to tell tho Commissioners that
everything Mr.. Horstmann knows about
this present Investigation had been told
and that Mr.. Horstmann is no longer an
important witness.
Last Friday" said Mr. Galley. "this
hearing went into executive session. The
Commissioners know well what subject
was discussed. ! am safe In saying
that the subject had to do with the
further examination OF my client with
regard to his personal AFFAIRS. L am safe
to say that as a matter or law those
matters are irrelevant and are not perth
nent to the matters under consideration.
Any evidence that might be onered IN
relation to those things would shed no
light in this Investigation. They have
no prohibitive force In discrimination
of the questions arising here, and Will be
of no assistance to the Commissioners
If we were in a court of law no effort
would be made to offset this. When the
board convened today il was stated that
cOunSel NOulu puisdc thot iihS "a -
vestigation.
Will Advise Against Answering.
ct have no hesitancy in saying that X
that policy is pursued 1 shall take the
responsibility OF telling Mr.. Horstmann
not to appear before the board: and IL BY
process of law he is brought here 1 VIII
tell him not to answer a single question
There are limits to all things. and In
this case the limit has been reached. You
said at the opening session you were
not lawyers, and l quite agree with YOU
When a lawyer resorts to practices not
in accord with the highest ethics OF his
profession then his plane is low one
IL there would be anything Of legal evi-
dence offered here L would not OBJECT.
but IL this line of investigation Is 10 be
pursued 1 will give my client the adVice
have mentioned. and In doing 80 will
be performing duty to the Commission-
ers to my client and to the public"
Mr.. Hogan was on his feet In SECOND
and in his first breath he far outclasseo
former Representative Bennett. whom hs
termed a rimless cipher. lie went Tor
Mr. Horstmann with all his breath. lie
also scored Mr.. Gatley's remarks about
legal evidence by saving that II a.tenuon
had been strictly given to the rules OF
evidence In presenting so-caued Facts
a bout Mr. Kaibfus the board would have
adjourned in thirty minutes on the nret
day.
"All the testimony that has come mere
through Mr. Horstmann and his attor-
new" Mr. Hogan declared. 'all this hear
saw and all these side issues have piled
up into / 200 pages of typewriter man
uscript. and out OF the 100 there are not
fifty pages of legal evidence on any sun
iect whatsoever No judge In any court
would listen thirty minutes to all the
stun that Mr.. Horstmann and his attor-
ney have been able to get together In
whole year"
Praised Assessors Only.
George E. Hamilton. president or the
Capital Traction Company, testified yes
terday concerning the ability and char
acter of the members OF the board Oh
assistant assessors as he had found them
He told the Commissioners he had found
the board to be efficient and wise
Mr. Hamilton's testimony touched on
the board of assistant assessors only. He
did not refer to the excise board.
POSTAL BANK PR0SPERS.
Officials Think the Washington Ofioe
n~--~~S~A~