Evening star., 1940-08-09
Hastings Calls Story
Of R. {. A. Payment 10
Court Clerk a Lie
Ex-senator Denies
Paying 81, 500 to Get
Continuance Of Suit
BY WILLIAM J. wHEATLEY.

BY WILLIAM J. WHEATLEY.
Former Senator Hastings of Della
ware today described as "a deliberate
lie testimony that he had paid a
clerk of United States Court $4,000
to postpone an antitrust suit
against the Radio Corp. Of America
in 1892.
Mr.. Hastings, who testified before
the Senate Interstate Commerce
Committee, engaged in heated dis
cussion with Senator Tobey, Repub-
lican, Of New Hampshire.
Senator Tobey charged that the
idea of Senator calling a court
clerk to New York to get informa-
tion concerning the status of a case
was incongruous. He asked why Mr..
Hastings had not asked the clerk
over the telephone. The former Sen
ator wanted to know Immediately
what the implication was.
Senator Tobey insisted he wanted
to know why the telephone wasn't
used.
Mr.. Hastings said if that was the
way Senator Tobey wanted to do,
it was all right, but I didn't do it
that way"
Hastings Discounts Story.
The clerk of the court, Mr..
Hastings said, doesn't mean the
court" He said he could not
understand how any one could con-
ceive that the clerk had influence
enough to warrant a payment of
$4,000 for postponing a case.
Mr.. Hastings declared he did not
know E. o. Keller, whose affidavit
to the committee detailed the al
legged proceedings leading to the
continuance. He challenged some
points in the affidavit.
Chairman Wheeler Of the COM
mittee said examination of Mr..
Keller on the stand showed that
some Of the things mentioned in
the paper as actual knowledge were
merely hearsay.
Mr.. Hastings said he did not start
to seek a continuance until he was
assured by officials of r. c. A. that
there was real belief that agree
ment could be reached on a settle
ment leading to the consent decree.
The only fees he received from
r. c. A. since 1892 were a total of
$500. This was in connection with
the continuance of the suit. Mr..
Hastings was asked to produce his
books and checks for 1892 and 1888
by next Tuesday and he agreed to
do so.
Sarnoff Knew Of Plans.
David Sarnoff, president of r. C
A., was fully cognizant of the plans
carried out by Robert D. OCal-
laghan, r. c. A. counsel to get q
postponement of the antitrust suit
the latter testified when recalled to
the stand today. He also testified
that Mr.. Sarnoff told him not to dis
cuss the matter with Col. Manton
Davis, head of the legal department
OF r. G. A., or any one else in the
department.
Levin Handy, described as a
Washington real estate broker, is
scheduled to appear Tuesday, wher
the committee will resume its inves-
tigation. Mr.. Handy. Senator Tobey
told the committee, was not reached
at Cape May, N. j., with subpoena
until this morning.
Mr.. Hastings told a member of
his law firm he had to pay H. c.
Mehaffey, jr.. clerk of the court in
Wilmington, Del, $4,000 to effect a
postponement of the r. c. A. suit,
c. Edward Duffy said in testimony
yesterday.
Mr.. Duffy, who was a member of
the firm until last June /, testified
the former Senator made the state
ment in the presence of Ayres
Stokely. another member of the firm.
Mr.. Stokely previously had testified
Mr.. Hastings had never discussed
the case with him, other than to
say he had been retained as counsel.
Immediately after Mr.. Duffy's
statement, Chairman Wheeler re.
called Mr.. Stokely, who repeated he
had not heard such a statement.
AS the result of developments ir
the case, Senator Wheeler said he
expected Mr.. Hastings and former
Senator Moses of New Hampshire
whose name also has been brough,
into the testimony, to appear before
the committee later and tell what
part they played, if any, in getting
the sIIit noStpnned