Evening star., 1926-06-03
Hogan Examines Commits.
sioner on 81 Specifications
Put Into Charges.
EVIDENCE is OFFERED
ON HEADLEY DEMOTION
Blanton's Last Three Witnesses
May Be Heard Before Ses-
sion Ends Tonight.

=
three remaining witnesses to appear
at the opening session of the House
judiciary subcommittee's Investigation
OF the impeachment charges against
Commissioner Frederick A. Fenning
today enabled Frank ]. Hogan, chief
defense counsel, to begin the presen-
tation Of his case, with Mr.. Fenning
as the second and possibly last Wit
ness. Mr.. Blanton's witnesses prob
ably will be placed on the stand this
afternoon.
After receiving documentary evi-
dence from Daniel E. Garges, secre-
taly of the Board of Commissioners,
with reference to several decisions
which Mr.. Blanton has attacked. Mr..
Hogan sent Mr.. Fenning to the stand
and Immediately began a direct exanai-
nation on the "a specifications set
forth by Mr.. Blanton in the Congress
sional Record of April 10.
Headley Case Taken Up.
Mr.. Garges' evidence concerned the
action of the Board of COMMISSIONERS
in the following cases: The retirement
of Sergt. Robert E. Lee, the demotion
of Inspector Albert J. Headley, the
approval of the Police Trial Boards
findings in reference to Policeman
Blackman, the resignation of DIR. c.
j. Murphy. police surgeon; the re-
moval of DR.. E. c. Wilson, school
physician; action on pending insurance
legislation and on the chiropractors
bill.
Mr. Fenning was asked at the out
set of the examination if he had been
a candidate for the Office which he
now holds, and he replied he never
knew that his name was considered.
On June l. 1925, he was informed
that he was under consideration, and
had an interview with President Cool
idge. On the following day he in
formed the Executive he would accept
the appointment. His confirmation
by the Senate was several months
after the Headley demotion, ne de-
clared.
Since 1902, when he began the prac-
tice of law. Mr.. Fenning said. he
took up the guardianship practice and
since then 1t has occupied the greater
part of his time.
Foregoes Statement.
Mr.. Hogan told the committee he
would make no opening statement,
but would take up each one Of the
"a specifications in their order. 30
the committee could follow. He ex.
planned there had been presented,
with no regular order, a number of
matters bearing no relation to the
charges.
Charge No. 1, setting forth that
Mr.. Fenning violated the law by
practicing as an attorney while Com
missioner. was first discussed. Under
questioning. the witness denied that
he appeared at any time in person
for the transaction of private business
for a client before any Government
department.
MIR. Hogan then turned to charge
No. 21. which he said bore a relation
to the first specification and which
declared MIR. Fenning caused Michael
Flaherty to be adjudged of unsound
mind and obtained his own appoint
ment as committee. The witness ex.
planned Mrs. McKenna, Flaherty's
sister. employed him by letter on May
10. 1925. to take necessary steps for
the appointment of a guardian She
had been referred to him by Red
Cross officials at the Naval Hospital
here. Mr.. Fenning declared in the
subsequent proceedings he did not ap-
pear in court. but that Paul V.
Rogers, his law associate, transacted
the legal business.
Explains Norris Case.
Charge No. % also considered by
Mr.. Hogan in connection with the
first specification, dealt with the
Norris case. Mr.. Fenning declared
Mrs. Norris came to his Office and
that he prepared a petition at her re-
quest for the adjudication of her
y ,c11n 81 - 1E t,.l ~
petition was presented in court by
Mr.. Rogers Mr.. Fenning said he
wrote three letters to the Veterans
Bureau on behalf of Mrs. Norris.
Charge No. %, declaring that Mr..
Fenning. when Commissioner, ap-
peared in court for clients and So
licited business, then was considered
by Mr.. Hogan. This dealt with the
case of Lieut.. Frank d. Allen, now
in st. Elzabeth's Hospital. Mr.. Fen
ming declared his first knowledge of
the case occurred when Edward AL.
len, the brother. and a cousin, Mrs.
Annie Piquette of this city. visited
him at his law offices. They consent
Fenning declared he told them: "Hav-
ing taken the position of Commission.
err, could not give personal attention
to court appearances. and If l took
the case, 1t would have to be handled
by Mr.. Rogers"
The latter actually carried out the
duties that followed, he testified, and
at no time did the Commissioner ap-
pear in court. Furthermore, Mr.. Fen
ming said, no relatives had requested
that he retire as committee. After his
appointment. however. he notified the
Navy Department that all money due
the ward should be sent to Mr.. Fen
ming.
Letter File Is Shown.
The file of correspondence. showing
100 letters sent and received in the
Allen case since Mr.. Fenning became
Commissioner, was exhibited to the
by Mr.. Hogan. It was de-
veloped that as yet Mr.. Fenning has
no compensation In the Allen
case, as the annual accounting k:s
not yet been filed.
The Cunningham case, under charge
No. "a. whcih stated that Mr.. Fennif1g
violated the World War veterans act
by accepting a fee in prosecuting q.
claim against the Government, then
was taken up in connection with the
first charge. The witness explanation
of the matter was that Miss Betty
sister Of the incompetent,
employed him to have her appointed
guardian. Mr.. Rogers attended to the
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