The Birmingham age-herald., 1922-07-16
CITY COMMISSION EXONERATES MEN
 IN INVESTIGATION
Complaining Witnesses Be- fore Grand Jury, Resulting in Indictment, Fail to
 Appear at Hearing

What even prosecuting witnesses expected happened yesterday morning when the city commission exonerated George c. Moore, James ". Hughes and Barney Philips of charges made by recent grand jury, which recom- mended to the commission that the three be discharged after filing spe- eific charges against the former two. Phillips was exonerated without 6 formal appearance before the body.
 This action was taken by the city commission sitting as q court in- uuiring into the affairs of Moore, who is street superintendent, and Hughes, city employe, charged by NJ. M. Ullman attorney for S. GinsberE and M Kimberling, growing out of the execution of n contract which the city refused to revise and wherein tho two city employees were charged with accepting bribe to influence their action favorable to the two complaining witnesses.
 Ullpsan Testiffes
 ullman was present after delaying action by the commission which ne- oessitated recess, but he later testi- fled before that body. Sharply ques- tioned by M. Marvin Woodall. assis- tant city attorney, Ullman plead priv ileGe of confidential communication and invoked the rule of relation be- tween attorney and client, but finally amended his refusal to divulge infor- nation upon the ground that what he knew was only hearsay. as he was no present when the alleged transaction Is supposed to have taken place.
 Siiverman Also Present
 Although it was generally conced- ed that Ullman represented both Ginsburg and Kimberling. it devel- oped that a joke termed a master stroke, so to speak, developed when Louis Silverman appeared as repre- senting Ginsburg, which with the two attorneys under examination and cross-fire from Jenkins and Woodall for a while threw the investigation into a channel of stagnation and it was necessary to pause to map out another course of procedure.
 woodaIps Contention.
 woodall contended that Ullman represented both complaining wit nesses when he appeared at the city hall some months ago and urged re- vision of the contract said to have been in force with one of his clients for certain rents and the removal of carcasses and when the matter of a grand jury probe was advanced. It was at this point Woodall said that Commisioner Dickson who was out of the city at the time upon learning of the alleged threat said that he would invite grand jury investiga- tion.
 WoodaI1 asked MT. U1lman if
 it were not true that the two
 afffdavits in question which
 were presented to the grand jury
 were not first offered by Horace
 c. WiIkerson and himself to the
 press and refused, to which ne
 remained silent.
 Ullman did not question the right of the city commission to compel the attendance of Ginsburg and Kim herling, while Silverman advised that if sufficient notice were given 1t would tend to place the two com pIaining witnesses on notice to prop erly defend themselves in the event of civil suits resulting from testi- mony which would be expected of them.
 Ellis Represents Hughes 6uRn -Alio ePPSNNO O-' ~>>~ - - torney he explained, but as friend of Hughes and said 1t was expected that the two complaining witnesses appear in justice to the alleged wrong which he said had been com mitted when tn charges of alleged graft were presented by clients of Ullman and silverman to the grand jury.
 commissioner W. B. Coe pressed his motion that charges against the two city employees, which were pre- sented the commission by the recent grand fury be dismissed and the men 9xonerated. Mir. Ellis asked that what evidence as could be presented should be brought out and Attorney Jenkins, for the city. again sought the examination. of Ullman. which brought the proceedings to critical stage, whom Ullman plead privilege of relation of attorney and client. and said he would himself be violat- ing his oath should he divulge what information he had of the delibera-
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