The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-02-13
MASTERS RULING THROWS
DOWN BARS FOR ALL SORTS
OF TESTIMONY.
WITNESS OWEN ADMITS BIT.
TER HATRED OF GOVERNOR.
MAKES ATTACK ON HIM
Expected to Have a Job and
Turned Against Commission
When Denied II.
Testimony Severely Shaken by
X igid Cross
Examination.

The feature and surprise of the
hearing yesterday of the Manufact-
urers' Heat & Light company against
the West Virginia Public Service Com
mlssloners. before Special Master ].
w Nandervort. was when Attorney
Morgan Owen. OF Charleston. the
pialntin's witness. was cross exam
ined by Captain s. ID. Avis, for the de-
Tense. Mr.. Owen made the emphatic
declaration that he held animosity
against Governor Hatfield, that he
had given him "a knock" when and
wherever he could: that only one
commissioner had positively promised
him that he would be appointed as
law clerk of the Public Service Com
mission Contrary to his statement
on the witness stand Thursday that
ne would doubtless have received the
appointment II Governor Hatfield had
not ordered the Commissioners TO
turn him down.
All yesterday morning and until
3:55 O'Clock yesterday afternoon was
consumed In argument on motion 10
exclude certain hearsay evidence tend
ing TO show executive interference.
Just before adjournment Thursday
evening Master Nandervcrt asked the
attorneys on either side to look up
authorities and give him citations al
the opening Of court this morning
The attorneys showed that they had
complied with the courts request bv
the many volumes OF authorities they
read from all yesterday morning and
the earlier part OF the afternoon
With one or two exceptions all OF the
ten lawyers on either side fought the
question back and forth as to the au-
thority OF the special master to admit
or reject certain testimony.
Hearsay Evidence Received.
me attorneys for the Board argued
with great force that hearsay evidence
Eurporting TO be statements by men
Who could not deny or cross-ouestion
the witness. was inadmissible in any
court; could not be considered in max.
ing up the decision. and ought not 10
be admitted into the record. Hon.
John II. Holt and Hon. S. B. Avis
We're both particularly effective in
these arguments. Attorney Avis
strongly inumated that the evidence
was not offered in good faith. and the
ohly purpose was TO publish IL broad
cast over West Virginia. ATTORNEYS
Price. Amber and Well. on the other
hand. urged that all testimony should
be received and the master could elimi-
nate what he chose after hearing same.
The master throughout the argument.
which lasted until nearly $3.50. showed
a disposition to side with the attor-
heys OF the Light a. Heat Company.
ana hnally at four o'clock ruled that
ne would receive all evidence, wheth-
er pertinent or competent or not, and
would pass on same later: the attor-
neys on either side would, of course.
be permitted 10 enter objections
which would be passed upon.
Attorney A. Leo Well continued his
examination OF Mr.. Owen. He al.
tempted to show the alleged influence
OF Governor Hatfield over the mem
bers OF the Public Service Commits
sion.
Mr.. Well asked Mr.. Owen only a
Few questions yesterday. turning him
over for cross-examination All OF
the evidence OF owen was objected
70 by the defense as being hearsay
and incompetent.
captain Avis put the witness
through severe griliing. He took
up tne time that Mr.. owen first made
apphcation for a clerkship with the
board; his association with the Iatc'
Commissioner Ogden. and what
prompted him 10 write the letter IN
mo Manufacturers Heat a. LiFht com
fany attacking Governor Hatfield
VINO he declared IN the communica-
ZION, dictated. controlled and coercsd
lL' commissioners. and who insisted
that they be prohibited from raising
the gas rates and that the old rate
be reduced"
Hated the Governor.
NJ. Owen was a. first apparently
not anxious 10 20 into detaii relative
20 Why he should hold anlmositv To-
Nord Governor Hatfield. telling thu.
why and wherefore" instead m a,
tcontinusd on rage ssvsnl
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