The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-02-17

inS whatever 10 do with It's manAre-
ment The witness vas excused.
Letters oneres.
Al this point Judge Holt. respond.
tng 70 The summons for the various
letters or communications supposed
20 have been sent By the Governor 10
the Public Service Commission. arose
and made a report. stating that be
and bis Fellow attorneys had examined
TIE Ale Of Con miss.oners OFT. Kilmer
and Bronson. as well as the Gle OF the
secretary % the commission. In the
nle OF the secretary they found no
letter AT all written by the Governor
10 the commission. or 10 any member
thereof. In the nle OF Messrs. Kumer.
OFT and Bronson. they found four let
tiers. all Of them being substantially
the same in each OF the nles. That is.
the four letters had apparently been
addressed In duplicate to each mem
Der. They were under date OF October
IL. 1913. January ?. 1914. June "a
1914. and June 20. 1914. In Commis-
stoner's OTIS file letters we're found
under date OF October IL. 1913. August
y. 1914. and October s. 1914. add
uonal to those found In the file Of
Messrs. Kilmer and Bronson.
Judge Holt said that these letters
were all there. the state was willing
TO offer them 10 the counsel and attor-
neys for the plaintiff. but they wished
TO declare that n the attorneys for the
plaintiff did not offer them In evidence
the state would Offer them I'm evil
deuce. This declaration seemed to
stump the counsel for the plaintiff
and long vrangle ensued. whether
or not they should accept the letters
with the understanding that they
should 20 into the case. The alton
neys for the gas company did not ap-
pear anxious 10 receive the letters
after demanding them. Finally IL was
ruled that they should take the letters
and examine them.
Congressman Avis in discussing
the matter said:
Our position is that the gas CON-
parry has asked for these papers, and
II they have a right to demand them
at all. they must take them for the
purpose OF evidence. They have no
right 10 demand any letters that are
not relevant and II they demand and
receive letters because they are sup
posed TO be relevant. these letters can
not be ruled out On the ground OF
.rrelevancy. II they accept them as
material. they must go into the case.
You have named these letters, he
said: we offer them to you. and we
demand that they be introduced"
Senator Sommerville on the same
subject said:
All letters here produced belong
within the written demand made by
the gas company. We have the let
tiers here that you demand. You &C.
manded them as evidence. II ,heN
are not relevant evidence you can't
have them. II they are relevant evi.
dence. they must be accepted to go
into the case without question"
The master. however. passing on the
point, ruled that ne would not pasa
on any OF the letters at this time.
The letters were produced for ex-
animation.
A Pittsburgh Witness.
L. VI. Baer, OF Pittsburgh. was the
next witness. He said he was in the
real estate business and that II. N
Ogfen had been mis- attorney. n. n.
ogden had transferred a piece OF
property for him at Webster Springs.
w. Va. Along in the fall of 1914. he
alleged that he met Ogden in Pitts
burgh at the Hotel Henry. This vas
right after the meeting held in Wheel.
ing. at which the first consideration
OF the gas case was taken IN.
over the usual objections OF the
state. Baer was permitted to tell of a
conversation which he claimed to have
mad with Ogden. He says that he
congratulated Ogden upon his appoint.
ment on the public service commits.
sion and the work being done. Ogden
said:
Yes, IL Is very nice
Baer said.
How are you coming out?"
Ogden replied:
What do you refer to-"
Baer answered: THE Manufacture
ers' Light & Heat case"
ogden replied. Il think Well is
rlght; but II don't make much differ.
ence what | say. I can't control"
Baer asked: What about the other
members of the Commission"
ogden replied. They are a weak
kheed bunch and controlled by the
Governor"
What about your" questioned Baer.
ogden replied. not directly. hut
something TO the effect. Wei. YOU
know IL Is a nice Job"
On eross-examination the witness
denied any financial interest in the
manufacturers Light & Heat case.
Said the conversation occurred al the
Hotel Henry but couldn't fix the date
lie alleged shat he had repeated the
conversation TO an associate I'm bust
ness about the time Of Wells arrest
end that associate had informed his
Drother' VINO was connected with
Well
Ogden Uncontrolled.
W. +. x. Byrne. Of Charleston. an in.
Innate friend and for several months
neighbor Of Commissioner Ogden.
was the next witness called by the gas
company.
Mr. Byrne testified TO a number OF
conversations he had with OGDEN al
various times. The first conversation
ne thought was on the occasion OF a