Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-07
ROW OPENS PROBE
OF GOULD CHARGES
Walsh Wins Point That Legal
Rule of Evidence Does
Not Apply.
By the Associated Press.

BY the Associated Press.
The Senate's investigation of brib-
cry charges against Senator Gould
Republican, Maine, got under way to-
day, with a row at the beginning pro-
voked by the question whether the
legal rule of evidence should apply to
the inquiry.
The committee finally agreed the
rule was not applicable to a Senate
committee hearing. but counsel for the
Maine Senator noted exceptions.
Senator Walsh, Democrat, Mon.
tana, author of the investigating res
olution. precipitated the debate when
he offered the journal of the New
Brunswick tCanada) House of AS
se1nbly, containing an opinion of
Judge McKeown. who held that Sen
ator Gould had participated in a
500 900 bribe of a former premier of
the province.
f. w. Hinckley, chief counsel for
Gould, objected on the grounds that
it was not legal evidence, and Sena-
tor Shortridge, Republican, California,
acting chairman of the committee,
ruled the objection was well taken
as "the rights of men have suffered
to the rules of law on admissability
of evidence"
Exchange by Senators.
II don't propose to sit here and
have a mans character besmirched
by heresay and scandal" Shortridge
added.
You can quit any time you please,
but the technical rules of evidence do
not apply TO Senate hearings" re-
torted Walsh Usually a judge waits
to hear arguments before he renders
an opinion. | despair from making
any impression on the mind of the
Senator from California, In view of
what he has said"
And I despair of making any i'm
preston on the mind of the Senator
from Montana" rejoined Senator
Shortridge.
The committee overruled the chair
man and Senator Walsh read the
Judgment which, he said, would form
the basis of the inquiry as to whether
the moneH was Wrongfully paid in
connection with a railroad contract
Reporter Is Witness.
oliver H. S. Garrett, a New York
World reporter, the first witness, tes-
tilted that he had been sent by his
newspaper to investigate the accu-
racy of the charges against Sena tor
Could. He was unable to find the
original copy of Judge Mckeown's S
Judgment, and the clerk of the New
brunswick House of Assembly told
him that he had been unable to find
il. The clerk. he said presumed
the Liberal party had removed the
original document
Under cross examination by Attor-
nev Hinckley Garrett said he had
called on Fulton j. Redman, the
Democratic opponent of Senator
Gould in the recent election, when he
started out on his story. He added
that he had heard that Mr.. Redman n
and others had sent men to New
Brunswick to get evidence on the
Gould charges, but that he had made
an independent inquiry.
Senator Walsh read the testimony
of the proceedings before Judge Nc
Keown. in which Senator Gould was
quoted as testifying that in the Spring
of 1912 he had given 100000 as a
Gamma en contribution to J. K.
Fleming, at that time premier of
New Brunswick.
Gould denied in his testimony that
it was part of the contract to build
a railroad in the province, but said it
was paid two months before the con-
tract was signed. Terms of the con-
tract were completed before he was
told that he was expected to make a
campaign contribution" Senator Gould
was reported as saying.
In soliciting the campaign contribu-
tion the record showed Senator Gould
as testifying that he was told that "a
party from Toronto was willing to
pay a quarter of million" but that
he replied. you won't get that from
me. nor half of it," The record also
said Gould borrowed $3.50 900 from the
Prudential Trust Co. and paid the
800 001 ont of that SfIYn1