Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-06-24
Never Intended to Surrender
Residence Here, He Testi-
fies at Trial.
DOESN'T THINK CHICAGO
is FIT FOR HABITATION
Admits He Registered at Hotel on
Arriving Here Last Year as
From Princeton, N. J.

Oliver P. Newman. president of the
board of District Commissioners. was
called by opposing counsel to the wit
ness stand in Circuit Court No. be-
J fore Justice Gould and a jury today to
| testify against himself in the custer pro-
ceedinSs brought against him by Will
liam J. Frizzell. a taxpayer. Mr.. New
man admitted that he left Washington
, in July, 1911. and did not return until
March 3. 1913, the day before the in
| auguration of President Wilson.
| On cross-eXamination by his counsel
! Attorneys Ralston & Richardson and
! George w. Holt, the Commissioner de-
| clared it was always his intention to re-
| turn to Washington, and he had no de-
| sire to take up his residence in Chicago,
| where he was called by temporary news
paper employment
Il had decided" said Mr.. Newman.
that Washington is the best city to live
| in and also the best city for the activity
of newspaper man."
Asked as to his view of Chicago. Mr.
Newman said: Chicago is unfit for
human habitation in my opinion"
Legal Point Not Decided.
| The question of intention provoked a
| long legal argument by Senator Bailey
of counsel for Mr.. Frizzell. He urged
that intention might be controlling in
question of domicile. but actual residence
as required by the local statute cannot
be so established. Justice Gould, sug-
gesting that this question Of law would
probably arise at the conclusion of the
testimony in the case, postponed de-
cision until that time. The court allowed
the witness to tell of his intention. with
the reservation of the question of Its ad-
instability.
Counsel for Mr. Newman offered to
assume the burden of proof and to put
on their testimony to show aflrmatlvely
that Mr. Newman had been a resi- dent for
three years preceding his appointment;
Former Senator Bailey for Mr.. Frlzzell
insisted that his side had made the charge
that Mr.. Newman is not resident and
that it was put to them to prove II.
Justice Gould held with the senator and
the evidence to be first heard is to sub
stantiate the claim of non-residence. This
decision will give counsel for Mr.. Fr!zzell
the closing argument to the jury
The first witness examined was W. ).
Frizzell, who brought the test proceed
ings after the Attorney General and the
United States attorney for the District
Of Columbia had declined TO proceed
against Mr. Newman. Mr. Frizzeil said
he has been a resident Of the District OF
Columbia for more than seventy years.
He told of his application to ATTORNEY
General McReynolds. and OF the refusal
of that official to take steps to test the
eligibility of Mr.. Newman. The witness
said he next applied to James NJ. Proctor,
then chief assistant to United States At
torney Wilson. and produced letter from
Mr. Proctor, also declining to start the
court proceedings.
As counsel for Mr. Newman raised the
question that an assistant United States
attorney may not act for his superior In
such matters, Senator Bailey and At
torneys A. A. Birney and W. j. Neale
for the relator called to the witness stand
Clearence R. Wilson. United States at
torney for the District of Columbia.
Mr. Wilson testified that he was spend
ing his vacation in England last August
when the application Of Mr. Frizzell was
made to his Office. Mr.. Proctor advised
him, witness stated, of his letter to Mr..
Frizzell and he approved the action Ct
his assistant. On cross-examinahon Mr.
Wilson said he did not know of the ap-
plcation until after the letter of refusal
had been sent.
Tells Story of His Life.
Commissioner Newman was then called
to the stand and examined by Attorney
A. A. Birney. Mr.. Newman said he was
born In Lincoln, Neb., in 1877, and
lived there until he was seven years old.
until the fall of 1885 After one year
at school in Vermont he returned to Des
Moines, remaining until the spring Of
1897. when he received an appointment
to the Military Academy at West Point.
Failing to pass in mathematics, he testi-
to Albany N. Y. where at the outbreak
of the Spanish War he acted as drill
master for a prospective regiment, which
was never called on for service.
| At the close of the Spanish war. wit
ness said. he returned to Des Moines.
Iowa Mr.. Newman then told In de-
tail of his life. including a residence
of about sixteen months In Wash
ington in 1901 and 1902. He again
went west, but came back to this city
editorial writer on local paper. in
which position he served until July.
I19l1. At this time he accepted en-
pioyment with the Newspaper Enter
until the inauguration of President
Wilson.
| Did you rent house while in Wash
ington," asked Mr.. Birney.
NO l occupied furnished apartments
and lived at one time at a small family
hotel" responded Mr.. Newman.
| Il have no household furniture" said
the Commissioner, In response to another
inquiry.
| Regibtered from Princeton.
| Mr. Newman admitted that on his re-
turn to Washington in March, 1913. he
registered at the Shoreham as from
Princeton, N. ]. He offered no explana-
ton as to that registration. In refer
ence to the appearance of his name on
hotel register in Baltimore during the
democratic convention. Mr.. Newman was
mot sure he had written II.
| He explained that he was one of a
number Of reporters for whom hotel ac-
commodations had been arranged by
the New York representatives of the
| Scripps- McRae bureau and to whom
the bills were to be submitted. He
thought the address of New York nigh,
be due to that cause.
| On cross examination by Attorne,
Ralston, Mr.. Newman said he lef,
Washington on the advice of phys
icians In 1902 owing to physica
breakdown. His return in 1910. he
stated. was voluntary. as he had solicit
ed a position on a local paper. He ha.
always entertained a high regard fol
Washington. witness declared. and con.
| sidered it most desirable as a place te
live and in the interest of his calling.
| Activities in Washin1ton.