Evening star., 1926-04-26
rCkIN,Ho FF'7 nklUc
r..sU JAWS
TESTIFY IN PROBE
Of LUNACY CASES
Commissioner Quizzed for an
Hour-Due to Appear
Twice More Today.
AUDITOR DECLARES LAW
DOES NOT LIMIT FEES
Upholds Contention of Accused Of
fcial-Latter Questioned
on Specific Cases.

The "Fenning investigation CON
tinued today before the House vetar-
ans committee and the Gibson sub
committee OF the House District com
mittee.
Commissioner Frederick A. Fenning
was the witness before the Gibson
subcommittee. with Representative
Blanton. his accuser in the impeach.
ment charges, crosse examining him
for one hour. Herbert L. Davis audi
tor of the Supreme Court Of the Dis
trict, was the witness before the vet
erans' committee.
The veterans committee is continu-
ing the hearing this afternoon, start
ing al ? O'clock, and during this aft
ernoon's session it is expected that
Nr. FenninG viii he called AZ a wit
ness. The Gibson subcommittee Is u
resume its hearing at 80 O'Clock to-
night in the caucus room of the House
Office Building with Commissioner
Fenning still on the stand and with
Mr.. Blanton still continuing his cross
examination, following which other
members Of the committee will he al
lowed to cross examine the witness.
Files Brief by Mackey.
Mr.. Blanton. author of "a charges
of impea Chment against Mr.. Fennlng,
made in the House a week ago today.
read in the record of the Gibson
subcommittee hearing today and also
on the floor of the House a lengthy
brief prepared by Crandall II. Mackey,
for many years commonwealth at
torney for the state of Virginia. in
support of Mr. Blanton's contention
in his first charge that Mr.. Fenning
is Federal officer. Mr.. Fenning, in
his defense on Saturday, replying TO
this first charge. contended that he
is not Federal officer. and. there
fore, not guilty of violating section
549S of the Revised Statutes. which
prohibits Federal officers from prose
cutting cases against the United
States. but maintains that he is an
officer of the municipal corporation.
During the cross -eXa nlination today
Mr.. Blanton questioned Mr.. FenninS
in regard TO the specific cases of
Philip Byrd, Mrs. Mary Ellen Sauter.
Isaac T. Fellows. Mrs. Eudora S.
Kelly, Mrs. Francis II. Fletcher,
Roley Lee and the Hamilton case.
He also questioned in detail how often
Mr.. Fenning sees his wards who have
been removed outside of the Wash
ington jurisdiction. and about his trip
to Denmark with one of his wards.
He had just started questioning Mr..
Fenning regarding his acquaintance
with T. Lincoln Townsend when the
time agreed upon for closing the
meeting arrived.
Puts Letters in Record.
During the hearing this morning.
Mr.. Blanton put into the record
file of letters signed by F. A.
Fenning on the stationery of his law
office in regard to the Kelly case,
which is the subject matter of the
twentieth charge in the indictment
proceedings. He also put into the
record a file of correspondence between
Mr.. Fenning. former Representative
Bascom c. Slemp and others. includ
ing a court record in the Roley Lee
case.
Before the Houes veterans commit
tee today Herbert L. Davis, auditor
of the Supreme Court of the District,
who passes upon the accounts of Mr..
Fenning and others holding guardian
ships. testified in support of MIR. Fen
ning's second important contention in
his defense on Saturday that there is
no law in the District in regard TO
the amount of commissions allowed in
lunacy cases. Mr.. Davis said that
there is law in regard 10 minors, al
lowing a maximum of 10 per cent
that in lunacy Cashes one-third of the
time the court fixes the amount, and
the other tWo-thirds of the time the
auditor is instructed and authorized
to investigate and to determine the
percentage allowed.
At the opening of the hearing today
Chairman Gibson of the subcommlt-
tee. which is making the investigation
for the House District committee.
stated his plan for more orderly pro
cedure than has heretofore prevailed
at this hearing. He received acquies-
cence from Mr. Blanton that he would
finish his cross-examination in one
hours time. following which 1t was
agreed that other members of the
committee should be allowed proper
time to ask the witness questions.
Chairman Gibson said he would ask
only such questions as had not been
covered by others. He stated his pur-
nose to avoid thrashing over repeated
ly the same charges and questions.
will Appear Tonight.
Representative Gilbert. Democrat,
of Kentucky, called attention of the
committee to the fact that this is DIS
trlCt daS III IHe I1OuSS' anu ~ We"
agreed that the committee should ad-
iOurn the hearing at 11:45. At the sug-
cestion of Mr.. Blanton, it was agreed
that there should'be at least one other
session of the hearing. Mr.. Gilbert
asked if it would be convenient Tor
Mr.. Fenning to he present tonight and
the latter reRlied that he would gladly
accommodate himself to the wishes of
the committee.
Mr.. Fenning then asked permission
TO add to his statement in defense on
Saturday. He then said, In my
statement at the last session 1 said,
with respect to charge 20 that | con-
slider / had answered the same in
answering charge 5. In view of the
newspaper report to the effect that
7 apparently overlooked charge 20,
now repeat the foregoing and add
that l did not solicit the help of one
Henry p. Fellows and through him
financially influence the said Mrs.
Eudora S. Kelly to break ner contract
and power of attorney with Lyon &
Lyon and to discharge them and to
employ said Fenning."
Cross Examining Begins.
Mr.. BIanton then took up the cross.
examination.
Blanton: Are you committee for
Philip Byrd?"
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