The Washington herald., 1914-06-25
SPLIT HAIR over
NEWMARS JOB
Suit to Gust Commissioner
Rests on Question Of His
Intention.
JURY GETS CASE TODAY
Finzell's counse! Contends District
Head Decided to Quit Washing
ton. Which He Denies.

Commissioner oliver P. Newman's own
testiony closed the case Of Villa J.
FrizzeIl. taxpayer, who is suing to oust
the Commissioner. in the District su-
preme Court yesterday. This morning
counsel viii present their arguments. At
torneys Ralston and Richardson will ask
the court 10 instruct the jury toSZeturn
verdict for the Commissioner. while
former Senator Joseph Bailey. Of Texas,
and A. A. Birney viii argue in behalf OF
the other side
Mr.. Bailey made the point yesterday
that the intention of the Commissioner
In leaving the District in 1911 Is OF no
import: that the law requires actual resi-
dence here Justice Gould, who presided
over the trial. refused TO pass upon the
point until after all the testimony was In.
Should the court adopt this view. il will
be left to the jury to decide whether the
Commissioners residence was actually
interrupted II Is admitted that Mr.. New
man was out Of the city more than
year.
Question His Intention.
Mr.. Newman's attorneys contend that
his absence did not affect his legal resi-
dence here. Attorneys Bailey and Bifney
put on several witnesses In an effort to
Drove tnAI MI. NeNmdn ulu nOI AhANA1
TO continue his residence here.
Mr.. Newman was called by the other
side, much to his surprise, and admitted
that on his return TO this city on March
T. 1919 he registerd at the Shoreham
Hotel as from Princeton. n. J. He made
no effort to explain this. He was not
quite certain That he had registered as
from New York In Baltimore In 1872
when he went there to attend the Demo-
cratic convention as a representative OF
a newspaper service. He explained that
New York officers OF his company ar
ranged for his accommodations In Balt-
more and suggested that they might
have written New York" on the regis
ter.
Attorneys Bailey and Blrney place
great reliance on the Shoreham's regis
ter, at least. as showing. in their opin-
ion, the Commissioners intention TO
abandon his legal residence here In 1911
as late as March 3. 1873
Mr. Newman was taken back to his
childhood days by counsel for the plain
till, in their efforts TO show how ire
ouently he had changed his residence
The Commissioner cited the various
times he moved since his birth in Lin
coin, Nebr., in 1871. In 1911 he went to
Chicago for the Newspaper Enterprise
Association, but declared he did not &C
cept that position until after he had
been assured that he would be allowed
to return to Washington as soon as the
Presidential campaign was over.
Moved After Breakdown.
Cross-ekamined by his own attorney.
Mr.. RaIjon. he said he left here In lto1
on the advice OF his physician as the re-
suit Of a physical breakdown. His re-
turn in 1910. he said. was due TO his
having arrived at the conclusion that he
liked Washington best as q city to live
in. Speaking OF Chicago. he said: IT'S
not it for human habitation."
The Commissioner also testified that he
went from Des Molnes TO Vermont in his
younger days and spent year at n
school there. Then he returned to DeS
Moinss.
Several witnesses testified that Mr..
Newman. previous to his departure in
1911. told them he had no intention OF re-
naming away from Washington, that he
preferred to live In this city. Among
these witnesses were Commissioner Sid
dons. Representative Sims. William N.
Clayton. Thomas Grant. Louis Brown
low. ellison Gardner. and Raymond Pull |
man
Seats were at a premium before the
trial began In Circuit Court No. > so
after the noon recess Justice Gould trans
ferred the hearing to Criminal Court No. |
2 which Is more spacious.
The jury consists of Carl s. Klenk, |
baker, 1904 Fifth street northwest
William A. Kimmell, building contract
or, 1908 Columbia road northwest.
George E. Kent. barber. 1921 Twenty
seventh street northwest
Philip F. Pollard. grocer. 1879 Thir-
teenth street northwest.
Abraham l. Strasburger. insurance
agent. 1906 Columbia road northwest
william A. Buckley, bartender. ~
Eighth street southwest
Nelson r. Smith, steam engineer, 81 |
Ninth street southeast.
Frederick Robey,> building contractor, |
40 Alton place.
Dennis F. Fealy, retired grocer, 1873
Nineteenth street northwest
James NJ. Amadale. grocer. N Thir-
teenth street northeast.
George p. Newton, vice president OF
the Realty Appraisal and Title Com
pany. ~ Irving street northwest
Augustus Wurdeman, carpenter, 73s |
Harvard street northwest