The Birmingham age-herald., 1923-06-26
CLAIM |S MADE FIFE ATTEMPTED
 T0 BUY WITNESS
Miss Katherine EIkins Testi- fies to Offer of $1,O0O
 Then $1,5OO To Retract
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attorney, was put on the stand In re- buttal by the state and asked if he was a member of the vigilance committee" of the Birmingham Bar association. The defense objected to this question on the ground that 1t was irrelevant. Judge Turner asked the state to show what they were trying to prove by the witness and Horace c. Wilkinson. attorney for the state. explained that Davis was member of the committee which for over a year has beeen Investigating the charges that ambulance chas- ing" was regular occurrence in the legal practice of numerous at attorney and that after the inves- tigation of the committee it has been found that less than 10 per cent of Birmingham attorneys are even sus- pected of unethical practice.
 The jury was withdrawn while this testimony was being argued and after ten minutes of arguing by the defense and state attorneys over the admissbility of the testimony Judge Turner ruled that it was not admissible.
 Frequent interruptions and much squabbling over legal technical points by attorneys featured the last days hearing of the disbarment pro- ceedings. The courtroom was crowd ed to capacity throughout the long, hot day and several score of spec
  during the afternoon session.
 Fite On stand Five Hours. Fred Fite took the stand in his own defense shortly after II o'clock and remained there until shortly after 1 o'clock in the afternoon. The state introduced several wit nesses in the afternoon who testi- fled as to the good character of Miss Katherine Elkins and Miss Rose I.- whose characters had been assailed Saturday by witnesses for the state. w M. Scheinfeldt, adjutant of the Salvation army. testified that he knew Miss Elkins and Miss Charles and that he did not know anything about them to their discredit. His statement was substantially re- peated by his wife, who followed him to the stand.
 J. E. Campbell. 600 Seventeenth street, north. testified that Miss El- kins and Miss Charles rented rooms | from him and that he had heard nothing reflecting upon their char acter in the several months that they had lived in his house. Mrs. J. E. Campbell testified that she had not heard anything bad about the women since they had taken rooms at the Campbell house. | Mrs. Mabel Fason, 500 Seventeenth street, north, also testified for the good character of Miss Elkins and Miss Charles.
 | The state also introduced evidence refuting evidence offered by the de- fense that Mrs. Frances Jones, an inn portant state witness, was "faking" her injury sustained in an accident several months ago. pr. George Lot terhouse. Birmingham physician, tes | tified that he had been called to see Mrs. Jones within the past two weeks hov- jv, nf plete collapse. He further testified that as a physician he did not be- lieve Mrs. Jones was "faking." c. P. Beddow, for the state, then asked Fite if he had hired Tom Cart wright to do any detective work re- | gently. Owing to the fact that Fite was asked only two questions he did not move to the stand, but remained at his seat near his attorneys. Fite admitted hiring Cartwright l and stated that he hired him to work on the case because the state had hired detectives to work on their side.
 l He denied that he had given in structions to Cartwright to get the states star witnesses. Miss Elkins, Miss Charles and Mrs. Jones, cut of | town.
 Miss Elkins then was called to the stand and told of her experience with Cartwright.
 Morris Deposits s5o.o0o. An effort was also made by the state to introduce testimony by Tom Bowron. vice president of the First National bank. that M. E. Morris, enc of the alleged solicitors for Fite had deposited over $20,000 during the year 1922. Fite had previously tes- tified that he paid him less than $2,000 for the work he did for him. The state also pointed out the fact registrar of Jefferson county Morris received a salary of $3,soo per year. However, Judge Turner sustained the objection of the defense and the testimony was not allowed to be en- teed.
 F'ite Denies Charge.
 Following tho examination of large number of character witnesses who testified that Fite's reputation was good, Fred Fite took the stand in his own defense shortly after II o'clock.
 Fite testified that he had lived In Washington, D. c. Jas per- Birmingham. and Hamilton. Ala, during his career. He stated that he graduated from the University of Alabama in 1912 and a few days later opened an office in Tuscaloosa for the practice of law. Prior to attend ing the university he had served as private secretary to the late United States Senator John H. Bankhead, he testified. While in Birmingham at different times he has had S. K. Hart ley and John c. Arnold as law part ners, but now he Is practicing alone, Fite stated.
 Attorney Altman for the defense asked Fite if he had ever hired M. E. Morris to solicit any cases for him.
 q most assuredly did not" was the reply.
 "Then explain to the court if he has ever worked for you in any ca pacity."
 q employed Morris to see witnesses for me and to work up evidence in certain cases. I also hired him to help make settlements at different times. but I never have hired him to solicit cases for me-"
 How much did you pay him for these services" Attorney Altman in- quired.
 Throughout the year 1922 and up to this time in 1923 I paid him some thing between s1.5oO and $2,o0O for his work" Mir. Fite replied.
 Denies Hiring Women.
 Did you hire Miss Elkins and Miss Charles to solicit cases for you." Fite was asked
 No. and I never have hired any person to solicit for me-"
 Fite testified that the first time he met Misses Elkins and Charles was in his office last October, when they came there to get him to take a dam age suit for Mrs. Frances Jones, who had been injured in a street car acci- dent.
 He denied that he told them that if they would get him cases he would pay them one-third of the fee he got He testified that they tried to bor- row $100 from him and also tried to get him to go on their note for an automobile.
 Did you ever pay these women any money?" defense counsel asked