Newspaper Page Text
**? r*‘4 i
THE LEASE
Tb* Evidence btfore the InTcstigatii; Cwimilttt.
Testimony of Oov. Brown and
others, detailing the amounts
paid out by the Lease
Compnuy.
Unanimous finding of the Oommittee
and Legiilatnre that the charges of
bribery are groundless.
Ily reported before th
: Atlanta Coxvtitl'TIok.J
The committee met at 3 p. ro. at th'
Morkham House, in ibis city of Atlanta
Present: Hod. 11. I). McDaniel, chair
mutt, and Hon. 0. S. DuBoae, on the par
of the tenate, and if ns. Tyler M. P«e
pies, A. H Smith and P. Walsh, on tin
part of the house of representatives.
Organized by appointing Samuel W
Small, st< nogfaphic clerk and A. J
Cameron, eergeal-at arms.
U A. ALSTON.sworn:
Examined by Mr. McDaniel, chairman
Q—CoL Alston, state any tacta wilhii
your knowledge going to show tha
money was used upon the legislature o
1*71 in the matter of the passage of lie
lease resolution.
.V—About the gist of September, 1875,
1 was in some trouble about the poesibili
ty of having the tnoitgages w hich wer>
bold by the Citizens bank against tin
Herald fore-closed. 1 was at the hous-
of Mr. E. B. Walker, in DcKalb county,
and I mentioned to him that the Citizen:
bank would probably demand thcii
money. 1 had been notified that thi
const ijm nee of certain articles which 1
bail written about railrotd pools aoe
freights would lead to that. Mr
Walker told me that if tho Citizens bank
undertook to fort close their mortgage
upon mo, I could a-klhem certain tjuos
lions, among them, “How much of tbt
$70,001) did that hank furnish Govemoi
Brown to procure the endorsement ol thi
state road lease by the legislature o!
1871!” 1 made a memorandum of it uttht
iimo, and 1 wrote the article without
Itirther consultation with Mr. Walker,
except such as catne up in conversation
at otlior limes. 1 sent it over to his
house, tty my daughter, last Sunday
evening after it was printed. He read
the editorial over, and told mo that It
was true, and said: “Furthermore, 1
will give you some additional instances
in conneciion with the matter." He said:
Gov. Brown kept Mr. Sherman and
some others in the shops of the road
w hen unnecessary,for fear they would tell
all they knew, and in consequence the
expense account ran up very high. Col
E. W. Colo, who war, a officer and one
of the lessei s, complained to me about
the disproportion of the expenses to the
receipts. 1 rutid to him that if Governor
llrown wouldcontlne himself to his du
ties as presid: nt, and le ve us to run the
road, we could do it wit it >ut over ex
penses. You are uware that Governor
lltown had to keep a large force here for
policy, hut if wo can put Grauling in
Sherman's place In the shops, we can do
with less expense.
Mr. Morrill then ci
“These fellows are in:
ta k about expenses,
the expense account
road, aud ours Is
ii>,
paper made the same charges against
dr. Hemphill, they mentioned me aa a
witness who could prove tha fact
Mr. Hemphill came to me and asked me
to give him a denial of the charges
against him so far aa I could not sab
•unltaie them. I drew up a letter from
him to me, and one from myself to him,
in which l stated all that I knew non
earning the matter, and left them with log ft
him for publication, la them 1 die- lung
avowed any knowledge of the eba-gea
made against him. hut keening out, pur
posely .anything about this Kiiuball mat
ter. Next morning the letter* were pub
lished In Th* Constitution, and to my
astonishment there appeared hi mv letter
the interpolation of a aenfence disavow
ing the Kimball matter also, and I Im
mediately went to Mr. Hemphill and
tsked him about it. He gave me this
explanation: That he and Col. Finch
itad read the letter over together, and
Col. Finch had soggestod that sentence
•tight to be in it. Mr. Hemphill wrote
t in with a pencil and tried to look me
up to get my consent to it, but not find
tog me bad rubbed out the words with a
rubber, but not so that the printer could
not read them, who put them in, end
they appeared in that way. I asked him
•o republish these letters the next day,
with the Interpolated sentence left out
if mine, which was done.
Examined by Gov. J. E. Brown.
Q —Taking u for granted, for the pur
poses of the examination, that there has
Men $5000 paid to The Constitution for
ts advocacy of this measure, do you,
taking Journalism in general, think there
was anything Immoral or corrupt In
ukiug it!
A—I do not think thatlt D considered
exactly proper joomallsm. It is done by
tome journals and there are others who
do not do it. 1 believe those doing it do
not think that it is wrong, but I think
that the ethics of the railing condemns it
Q-Isit not often done T
A—I think it is.
Q—Do you not know Instances in your
own practice where it has been done r
A—I cannot remember any
Q—Let me relresh your memory. At
the time that Gea. Toombs was pressing
bis fl fa. against the Herald and you
were one of ita editors and proprietor*,
didn't you agree that If the money was
furnished by certain parties to pay off
the ti fa and relieve tho pressure upon
you, you would advocate the payment
iy the statu of certain discredited bonds
which were held by those parties!
A—For myself, 1 answer that 1 did not
Q-Didn't you sign a letter to that
effect! .,
A—No, sir. The mortgage of Gen
Toombs wasaota mortgage upon me
When 1 bought an interest In tho Her
ald, 1 bought an unincumbered one
third interest, free from all debts and
liabilities. This debt, therefore, didn’t
fall upon me except in ao far as it would
disqualify CoL Alston and Mr. Grady
from carrying out their guarantee to me
of an unincumbered one third Interest
to bet
to be written, and did not you meet Mr.
Julias Brown nl the owner of Alabama
and Broad afreets, In August 1974, and
when be asked you if ibe letter was
written, teU him von would see shoot it! ' Q—1|
A—What Mr. Brown may have under- tirely *
Mood and what' I may have underwood '
are two different things 1 understood
that a letter was to he written by ns adt-
for the loan, but so far aa eomprom-
g the piper up to the bond question
I did not so understand it
A—Was there nothing to be said la the
letter about the line of policy yon were
to follow upon %he bond.question !
A—Certainly not
O—Didn’t you teU him that the litter
had been written !
A—In regard to the bond question, no,
sir. And I say that I never, to my recol
lection, mentioned the matter of bonds
to Mr. Julius Brown.
Q—Did you not, on the faith of getting
this money, draw upon the Cltlz-ni
Bank, and get $800 or $400 before the
money came here from New York.
A—I do not understand it that way
. anticipated the loan and got some
money from the bark, but 1 do not
know what that has got to do with the
bond matter.
Q—What was the inducement or con
sideration upon which Mr. Hcannell
loaned the money !
A—l suppose upon ibe considerat on
named in the mortgage - U percent. In
terest per annum.
Q—Ih that all that you know of?
A—That is all that I know of, and the
best evidence oT the fact that there was
no other is that be is pressing his claim
now for payment.
Q -Do yon think It unnatural for him
to want his money!
A—It is not* but it would not be nat
ural for him to want it if lie bought us
up upon the bond question.
Q—l)o you swear that was all the con
sideration- 12 per cent interest?
A—It wa*.
Q—Was it necessary for a New Yorker
to come here and get 13 per cent, when be
could get 18 par cent at home?
A—1 understood they were only get
ting 6 or 7 per cent, at that time.
Q — 1 That was upon Coiled States bonds
as collaterals? . .
A—V i-s, sir. I would state here that
CoL Alston says that Mr. Kimball told
Lim be negotiated this loan on account
of the kindaen the Herald bad shown
Kimball, and second, oo account of the
eeling* Mr. Ward had for me, from the
het that we lived together in Savannah
and were old friends, and be had confi
dence la me. One other point: Mr
Kimball made thia other statenssat, that
Mr. Ward said if 1 went out of the paper
he would foreclose the mortgage, as the
loan wax made to the paper solely npoe
my credit t W. Avert.
A—With Governor Brwn. A—They preferred them that wsy.
Q—W*4h*y of that money used upon: because different parties paid them-
as need on year paper en- A—They etch preferred their way.
Q I understand von to my that ft Is
A—Yes, sir; CoL Avery got some of la newspaper custom to accept money
it. ' | for publishing cwusfcwtione upon
.G—(By Col. Avery)—Only as salary * some great public question?
A-Yes, I A-I say 1 thlnk ao; I don't know.
4) (By Mr. McDaniel,chairman,) —Was cannot tell yon what other newspapers do.
it a part of the contract with Governor Q (By Gov. Brown)—b It not specially
Brow* that the editorial columns were to when the question Involves large
privs e, at well as public, lutensts?
him they were un- A—Yes, sir.
r Colonel Avery Q (By L W. Avery)—Mr. HemphlQ,
clone,and I would not interfere with him. I was ignorant of all this at that time?
Q—Did Colonel Avery know of the A—Yin
contract between you aud Governor Mr. w.
A-l do not know. \
to Se nsed by them, what columns were j !Tiitffto5“ito?!
'to^S?ltJS.V&lWudMoXltarci. U7I.
O-Would not these
dUoortementsof m/o
, _____ M1 r ,, .
different periods sad alto* It did not *o tnto one I q—Thro where would It eo?
W. A HEMPHILL, sworn:
Examined by Mr. McDanieL chairman.
(J—Mr. Hemphill, did you receive
any money from Governor Brown or
any member of the lease company to in
When we were all dying to get Gen .
Toom’-e in bold off tula mortgage, or, if I fluenct the position of your paper
w« could not do that, to get the money I the leas i question before tho legislature
elsewhere with which to pay It Col. I of 1871 ?
Alston had a conversation with Mr | A—No air.
d and said- Kimball, who said ho thought the mon- Q -Did you ever receive any money
a h—1 of a ey cou'd be gotten in New York. At an-1 from Governor Bfowj^ or any one con
£ve extikitned other time, Mr. Kimball asked mo what I netted with the "
' Southwestern my vlewa were upon the hondflueation | ter and in conn
bond auc
leiM^d
till malut
oiling that mst-
itii? ^
onef.
:r receive any money
' Atall In -connection
jjhc matters before
A - I have lectiu.re- money.
Q — Will you st«(e the amount and the
been | A—Y< s, sir, 1
► £»<&£»*
ex-1 with the 1-axe
[utained, | the legislature?
in those
be
having gone, directly or Indirectly,
any member uf the legislature of 1971,
to procure the endorsement of this
lease !
A—I do not. I did not ray In the edi
torial that 1 knew anything of my own
knowledge.
large as Bill 1 said to blm that my view]
Hull’s-, besides, they fqtoet that wa had repaatedly expieasedt
to spend about $70,00* upon that d-d editorial columns
legislature." Mr. W®Vt „dd that to well-known. 1 had
■no about six o’clock? unday tuning prreseditop^y.mjd ^
of ^our*o wn^kno w kdge ot°Jy“money subra tied to t'te courta^titc country I time when you rece ved it!
ol your own knowledge ol any money ^ ^ lnion ^ Ihave alwa J yK l A-l do not remember the amount,
maintained it, but nothing was ever sa'd I received money from both ride* upon
tome about using my opinion in advo- that question to publish articles and
eating the payment of those bonds. communications for them. I never had
Q—Did not you know that some one anything to do wi'h the editorial control
for your paper was to make that agno-1 of the paper, as Lol. Avery was niff eu -
ment? I lor, and that was left to him. I only
A—So sir | acted In a busimas way.
Q —Was nut Mr. Julius Brown the at- Q~l B T Mr. Wal-h ) Did you ever
torney for the parties? teil Col Avery that you had recelved
A—-He war I $5,006 for the position Tns Conrtito-
Q.—Wasn’t there a letter to be given to I tion bad taken upon the lease question
that effect? before the legislature of 1871?
A—I did not eo understand It. A—No, air.
IL—Did not Mr. Brown apeak to you Q-< B y Mr ; McDsalol, ch^rman
several times and ask you If the letter Did you eyertellCoL Avtj^thad v
was ready? | ^ received $5,000 at all from Mr H.
A-Mr Brown spoke to me abf'Utthe loan Kimball ?
sS." srsliss «s>ss ofs,
and also that the very same mortgage is *k»t subjoct?
a. ^Al«%« ta| «c.iA r .;,«« ; -
1 tt'ttq informed a certain oartv was to I ntouy upon tho point read.) Did you
ptuuptiie moiiy tmdwUhSraw ItT** “leve/usethat language toCoj-Aver, ?
a That I rfid not know Col Alst on I A.—1 do not ihiok l ever did.
can speak*for himseif D ° W I . Q-Did you ever have any converss-
I9AAC W AVEKY, sworn:
Examined by Mr. MeD-niel, chair
man.
t J—Do you know anything of the use
of money by the Western <fe Atlantic
railroad company Vo procure the pae-
sage of the resolution endorsing the
lease through the legislature of 1871?
A —All that 1 know is that Mr. W. A.
Ui inpltill told me that ho bad received
five thousand dollars (5,000) for the po-
,-itiou The CofSTiTUTioN had token in
support of the Ease from Mr. H. L Kim-
q—Do you say that Mr. Hemphill
s lid the money was |>uid to Lim to take
the position, or in payment of the posi
tion taken?
A—1 will explain that to you. 1 waa
the editor of The Constitution at that
lime, and the position the psper took
was determined by me individually and
sololy, upon grouuds of public right and
expedit-ncy, and I for along time imag
ined that the mattor began and ended
tin-re. I knew nothing to tbe contrary,
ami for a long time thought that there
was no complication, or any of that kind
of complication, connected with tb* po
sition taken by tho paper in that mattir.
As I tell you, 1 bad determined to take
ground tor the lease, because I thought
it was the best thing for the state under
existing circumstances. A considerable
lime alterwurils—1 do not know the ex-
-act lime, but it was a good long
time after — Mr. Hemphill and I
were talking about the matter,
when ho dropped it out that he had gotten
*r> 000 for the position tho paper liadtak
en. We tolkod the matter over very fully
aud I expressed considerable surprise
and some indignation over it, when Mr
Hemphill made this expression about it :
•• You know, Col. Avery, that the pou-
uon of the paper waa not bought, but
after it was taken upon the grounls of
right aud pubiic policy. I consider that
1 was perfectly right In getting any
in mey 1 could get out of It.'
q—Who did ho say paid him the
mouey ?
A—Mr. II 1 Kimball.
q--Was Mr :xtnbull one of the mem
bers of the lease company.
A—He was one of the lessees.
q—(By Mr. Peoples) Did be state at
what time he received that money ?
A—He did not. It was a matter of
conversation between Mr. Hemphill and
myself a number of times. Tbe truth la
that 1 had some feeling about if, as I
was tbe editor-in-chief of Tn* Cohsti—
t ftios at that time, and I did not desire
any odium to attach to roe in the matter
1 knew very well that I had gotten no
money out of it and I believed that the
lease to tho present company was the
beet thing for the state to do, and I be
lieve so now. That waa always my de
cided opinion. I regretted, and wa*
chagrined and mortified, that any such
consideration of money was mixed up
with the position of the paper upon that
moat Important public question. Some
time after when some persona or paper
wmT attacking Mr. HemphiU-l do not
remember whan, or in what P»per, but
be waa being sivagely atlscUed-he al-
ludeu to tbit matter and aaid he did not
WM^itlogout. And he then auted
Heaald’that tin was going down to see
nlv*Brown and Mr? Pettra about this
WB£55mS
that iSSMJST 801
No, sir.
charccd upe“
pa v Able. 1$
qiDid the Herald' advocate the line Hon with him upon that subject?
that 1 have spoken of In reference to A-ldW. ...hxt.nnoof
those bonds after the money was paid? ' G—Can you rt peat the substance of
A-My impression is that there ntrer **?
as a w> id In th* Herald upon tha sub- J n*" v 5 -
ct but I won't be positive upon that d »J I w “ 0
. . I mere
‘ Q—Waa there no letter or paper upon J 9® '
that subject given by you, or any oth. r j thel J^elrculaitoijs
proprietor? of tbe Herald, about the time
-Can you i .
A—My nest belief is that I told him 1
1,000 out of that lease. On*
over in the Herald office
when there was a dispute going
between the papers about
and Col. Avery said to
as much as be could do
A—Any other columns that had read
lng matter in them.
tj—How were they to be used?
A—For the publication of any articles
they might choose to write, or that they
Clipped from other papers.
Q (By Mr. Walsb)—Did not they have
rfeht to put articles into tbe editorial
columns?
A-Nn, sir
q (Bv Mr. Peeples)—Not as tditorisl,?
A—Not as editorial;; no, sir.
q (By Mr. McDaniel,chairman,) -Waa
not the object of Governor Brown, in
_ tying ibis m uey, to Influence tbe ac
tion of the legislator* !■ this matter, or
did yttn ascertain his object?
A—No, *ir;.l do not remember what
was said about it.
q—Waa it known, publicly known,
tbat the articles published in your paper
ere paid for la that way?
A—I think m. *
q—How was It kaown? Did you make
tbe (act public?
A—No, sir; i keep my budnere to
myself. • *•'
Q—How do you suppose, thco, tbat it
was known r
A—1 Support it most have been taken
for granted from our publishing so many
em
(oyou understand that when a publk-
ualintcrts matter from other papers
that it is paid for?
A—No, sir; not all tbe time.
q-^-Ia It usual?
A-U u according to what the matter is
q—I only desire to know how the
public, under such circumstances, would
understand your position!
A—In such oases, < those who put tbe
trticles in do dpt want the fact known
that they doit, for f«ar thatlt might de
troy their effect. • ■ * * • . > -u ■
q(By Mr. Peeples)-You underefooo
this contract' to be a renting of y out
columns for that pqrjtrse r
A—Yes, sir. 1
q (By Mr. Smith) -They paid for as
much as they wanted !
A—Ye*,- sir; though they did not
know how much they would neeu.
q (By Mr. McDaniel, chairman)—1 un
derstand you to say" that Gov. Brown
paid you $5,000 for the Use of your col
urnns to advocate the eudoiaement of
tbe lease?
A—As I have explained it.
q (By Mr. Smith)—Without reference
to editorials ?
A—Yes, air.
Cross examined by Gov J. E Brown,
q—Mr. Hemphill, I will ask you it msec
the opposition to th* team, did not use ■"
your columns also ?
A—Yea, sir.
q—Did you not make $2,000 or more
ftom them ?
A—I do not n member the amount,
q—When 1 wanted tho exclusive use
of your columns for our side, didn't
yuu refuse them to me because tbe other
side was {laying you 35c or 50u a line for
their articles ?
A—Yes, sir.
q Did we not dlscuis the matter of
the editotlxl column* and did you not
state that CoL Avery alone had control
of them ?
A. Yes, sir.
q. Did you net say that you under
gtoud CoL nveiy to support the leare
upon principles of right and Justice?
A. Yes, air.
q Did I not state tbat the oppo-ltion
was publishing long articles against the
lease and tuat, as I bad the control of no
j Hiraa<,I wanted to pul my side fairly be
tore the public ?
A. Yes, sir.
IJ Did not 1 say l wanted to lease
your columns for that purpose ?
A. Yes, sir.
q Did you not say that you would
also keep them open to the other side ?
A. Yes, sir.
q. Did 1 ask you anything about
members of the legislature ?
A. Not one word,
q. Did I not any that I wanted to d
cuts ibe question as to the merit* uf the
less? ?
A. Yes, sir.
q Did you not publish a communi
cation signed “Lex,” and writ’en by Mr.
Q-Soppose I presented a bill to joarconmaay
'Itarnwosj duo are. wbat coarse would It take?
1 A—Voa would present It to the superintendent.
q-Hewcnld hire to approve It!
Q-N«r that bn sold the expenses of thr- Wst*
rosd were not as great ns oaBul Bolt's read! .
A—I norer remember taring anything about
q—tUxsaH yon frequently sold that money
waaepent to get tbit resolution through the leg-
A—I may boss bom
of IhU legislators than any previous one. I
t There are several fsnuemen la the legis-
^■s oosr who wars then. I know very few ol
tocm end do not know tbat I aa reconest many
except those who were on tbs committee, t
knew Judge Reese, who was cos of them. I had
bom In tbs dtybat n short time Ihm. and knew
*"3^Dtd P joa?»e cm of the lei sue, parpotoly
rebels from Inquiring tnto the ass thnt was made
|of this money!
A—No^ air ; I do not know that 1 did, one way
dSvoo purposely avoid
use be made of this uxm
A—l never
misapprehend the tnqalry.
roid asking Uov. Brown what
«—In what office!
A—I am treasurer,
q—Were you tbe treasurer of the eempany
the time ***** tbe question of tbe eDdOfremmt of
the lease was before the committee, and after-
wards before the aseembty 1
A—I woo, sir.
Q-Do you know of any money of tha company
having been peld to toy pereao to Inilumra the
action Of the legislature m that qaeatiaaT
A-WeU,I know that then were certain mosey*
ist were used foe attorney's fees and some for
-ewspaper publications, I think. There were cer
tain amounts drawn oat by Oov. Brown far those
o—How much?
A—1 do not know that I can tell yoa that, bat h
was somewberts from $*>,000 to $*1,000, If my
"t^fiuve yooony means of ascertaining these
^A—No,*3rjTcna't my that precisely, I only
know tbe amount generally,
q—Would not yoar books show them amount! 1
A—No, sir. Whatever moneys were ased were
either la tbe general expenses or bins
ey about that t
_3iq to obL mm anything ibout I
q-Did it occur to yes os a mt)e oat of tbe or
dtnaiy coarse of baameas to pay oat each large
“•— explauatlou of soma sort?
know that It la It Is all owing to
tbs magnitude of tbs bast ness which Is dans.
Il might be s large amount for s grocery store,
q—Then, U ts not a large amount roc a rell-
A-No, sir.
q-tBy Mr. Peeples.) Wan there on aodlter of
the rood at tbat timet
A—dodge CkbsnlM won the auditor nt tbat time
id I think be died tn April, 1S71, or MIX. Ido
not recollect which. 1 know he died In the spring,
q—Ism speaking about the time when the tease
. judgment,
i hftve Mid*
q-WIU yoa explain to th* committee how U
was that large amounts of money were being paid
oat without a record of them!
A—Well, sir, there was ao mare record of them
than other bills peyable whkh 1 have, ho special
record of them was kept.
|-I>o not yoar book* show tho purpose for
ch the-c payments were made!
A—Not forbllls payable. If I borrowed $30,000
I New York 1 charged It to blits payable.
q-I do not know that I understand yoar mean
ing. Hesse explain what you mean by bills pay-
able, and bow toe same of moaey yoa apeak of
$rr, in fact, paid.
A-In regard to bills payable what I mean ts
■his: I pay all each warrants as are drawn upon
me by the president. I know nothing,of what
they are for. When l need any money I borrow
It and charge It to bills payable and they «o Into
tha generefaccount ss ordinary expenses, for st-
torney's fees—lost yesr they were $16,000 or $18,-
000—ft Is s warrant or statement, mods by the
president, of tbe amount and I psy timt and cred
it myself foe It, upon the terms of hls sUtcmesd.
q—Is there no ocflosr eosmseted with theraed
_bo*c books will show the purpose for which til
moneys were paid oat!
A—Jfy txwkswal show .what wnrantn wore
paid ana may show what this one or that ana was
KT Attorney's fees for tnstanen, are charged an
open a memorendam of the president that T
hive employed this or that attorney at ouch on
amount''and I charge It up a poo that.
q-Would not yoar books show to wham all
those earns of money were paldf
A—No, sir, not always, because th* otatemee
of the president ti always taken as s warrant up-
on tbe cooiMDT.
0—1 understand you to say that these tarns
ere paid out upon the order of the president
alone?
qlww).'would not roar book. If before yoa,
.xshle yoa to sprek with certainty *e so bow
much money woe SO,paid out?
A—I do '*
aggregate
think ibe j
A—No, sir; we bad no auditor St that time,
q—Is there any oOcerla year eempany who
keeps any books to show * detail'd account of Hi
expenses 1
A—To* curtain extent there Is. I do that my*
self.
q—Do not on companies require a statement of
th* Items of expense!
A-They do not always do so. Tbs Items sre
charged to pertlcuUr accounts or under the bead
of “general expenses" ss they Occur. Attorneys*
fees.would probably cans under tbs head of
*4-A^'there no books kept which show whet
tr* tbeee particular sxpsasssl That earns, who
were the attorneys end what wars the amounts'
A—No, sir.
q—There are no books of tbe company which
will show thss* Items of expense!
A—No, sir; not tbat dam or expenses. Attor
ney* fees would be dossed under tbe hood of
~ jfewsnd swpewmto or “taw igpmus,"
q-8o much for the year, without the particular
Unmet
A-Yea, dr.
q—You sute that $40,000 or :$*8.000 was paid
oat, bat so memoranda kept. Will von sute
bow you know tho amount paid sal which
for these purposes?
A—Ido not know the exact
1ST that there was about that or
u From what do yoa draw yoar eoodastoa?
A—From my men recollection,
q—And there Is no entry showing even tbat ex
a;I only
A—Jio, itr,
q—And you have no means of ascertaining to
bom tbat was paldf
A-No, sir.
q—(By Mr- DuBoest Were then any instruc
tions given by the lessees ss a company,or by any
of the cOcsrs, to tbs presldastt to drew oat upon
q—Are you in
iri of tbe leasees!
Q—Hoi#
I might state the
or six years. I ( "
hot it was all foe.
of attending tbe mei-t-
mdraw Mnwanont for any wm neeemnry to tbat I A-Ibavayknowtidtoof tbatntdl It didn't I hld b,,,, >hont tbm
'a-TTj* by-laws of the company provide that I q_wui yoa NUetben, what was tha scope of 1-v-o,
tbe treasurer shall nay tbe warrants of the preel-1 vour duties! I q-HorttoUariy Ulking about them?
STthfeSStSf- ^ ta *» «“ t**" 1 to trtl8ht dep ^ q^Stonot undertake to «y th.t thtire-
ft Wcrothere any tpecUl in*trnction» In this I . . . I murk did Lot refer to tho generml and final liatrili-
*«Jaararssgs irsssz «, i aaiK wa 1 r*
reject, ss to toe
.*$. oai.of
A-No,
Q—Are
outs of expert-«
at there
A—Only In
q-Aori
of th* cfisri. the sUfo-
ts,aUlsldb
q-After tbs death of Mr. CaMnsae, urban waa
Mr. McRae appotnted superintendent?
A—I think Mmueleded in February,' t MS.
q—During this period attar tbe death of SL
Canines* and before Mr. Mrttsi wm started wish
whom wen sU tbeee matters lefll
A—They were *11 left with th*
audited every account that wm pa
q Wasn't then seme complaint made about
that?
A—Tot, air; tha president himself oomptalned
of It, os it put too moeh work upon him.
q -They were ill left fo Oov. grom-MI these
general accounts that dkt not came op through
the regular departments!
A—Everything, except my own persona! ox-
not
frcqnentlv so now, tbat the warrant* were mere
coadenoatkHii of prevtoas verbal orders?
A—Ye$, sir. /
q—That Is, Oov. Brown would my “pay so
much to this mao" or “toms'* and yoa would do
i. and afterwards oonsoUdote the amounts Into
te warrant?
A—Yea. dr; tnto bills payable.
q—Then U wont upon tbs books In that way!
A—Then It went ea as bills payable. .
A—These payments which you msde cither to
Individuals or span Guv. Brown'd order, written
or verbal, during the months of Aagtut and Sep
tember, were to no way nnasaal or different from
any that happened daring tbe whole tlnw from
the death of Mr. Cubonlaa Ur the appointment uf
Om. McRae?
Q—Sometimes you paid mouey upon a verbal
q-ssrsMd that Mr. Motrin bad tdU
$10,000 wm apeat on that damned legislature!
A-l savor sold that; t osM that ns remarked
In Ms off hand way tbat the legislator* brought
$70,000 expenses upon th* road.
q-tBv Judge McCoy.) This w«
tiou that yoa beard, ss I understand
not one had with yoa?
A—I was basyot mr desk,
q—(By Mr. Ancon.) And yoar recollection Is
that Mr. Morrill mfd the Vgislslare brought
$70,000 expense upon the load?
A—Yes, dr; I bare sold so here,
q—Ana yea swear that yoa did net tell me that
be mH “they foreet tbst we bod to spend $7*,000
on that damned legislstorer'*
A—I do, dr. t *m positive that I never told
you say such thing.
q—<By Judge McCay.) This oouveMtleu woe
eau that took place in yoar ulBre among soarcr of
the lessee* and Mr. Morrill wm one of the party?
Do yoa remember who the others were?
A—I have no particular recollection. I know
Mr. Morrill was there, as he stood next to me.
Tbe other* who were there I do not know tbat I
-ismJS^asSPBSS--
A—l have no recollection of Idling yoa that'
I might sty that If I sold anything like Inferred
to lawyers who migbtfhsve been paid tc defend
tbe lease. 1 never sold tbat to yoatMr. Algcon)
for I never knew each a thing. I never sold any -
thlnjCto my Ufa about the paying of mooey toibe
q—Vo?’s*M that you bid no doubt ta tire
strld bat tbat money bad been spent to procure
Ibr. endorsement?
A—I never sold that it wa* paid to tbe legists-
tare.
q-Dld yon not any so tost Sunday night!
A-l say now what I said then; -that I have no
doabt tint money was span for lawyers and wit
nesses, bat I nevar said that any was paid to tbe
r. DnBore)—Have yoa had any cauver-
v Oov, Brown or otbsr person, or Irrso*
»matter since the article appeared In
q—Was your mind directed ti) the conversation
that arm going on between them r
A—No, sir; I only knew tbat they hod come
oat of th* board and were talking together shoot
^q^reywnSnMhat it eras in eoooeetiaa with
a dbensstou of the expenses of tbe read? Might
tt not have been to thi* effect: That tbe reewa-
tion to endorse the lease might hive cost them
tMs smoaiit?
A—I have no recollection of that.
q-MIght tt not be tbat as well os what yoa >*y
now that it was? Do yon give the precise hm-
gnsge that was ased?
A I can not say tbat I do. . .
q-Do yoa ray tbat tbe language ured referred
particularly to the expellees of that year?
A—It did not refer particularly to the expenms
of that year. I think, as I understood thssn ta be
talking shoot expenses generally. '
q—That was after fit* adjournment of tbe
board meeting!
„ A—Tea, sir.
q—Afterwords them orders were reduced to q—Yoar office Is near by where tbe director*
writing In a general warrant and nothing sold i held tnclr meetings?
shoot the item*! | A—It ts on the floor below.
A—Yes, air. | q—There were several perrons tn the room at
q tttyMr. Alston)—How do yon get at the I the time of the con vers* Moo? .
nounf, than,of |SS,000 that waspalaout tn thia I A—Yea, sir; there were several besides tbe
(By]
about
.X*. I haven't seen Oov. Brown since
until this evening down In the office of the betel
here, sad then only hod time to ask him about
^qtfWMr. ifclbinlet. chaJrman)—Had you seen
tbe editor!si-Hi tbs Herald before conversation
WA^T\ J tid„k I saw it lb, mm.
or after tbs conversation with him!
A—I cannot say. f do not recollect whether it
was before or!Iter that l saw It.
q vBy Mr. Jaltaa Brown)—Did CoL Atrtoa come
to yoar bone to show tt to yoa!
A—He woe visiting, with his family, at my
- any Id, .
revtbat to the beat of my recoficc-1 q— Is yoar reeoltretioo very definite aa to the
ire easing the information to rahotantistc tt?
A—No, sir. Us toM me be hsd plenty of proof-
He said be bad plenty of evidence to prove that
publication besides mine.
q (By Mr. FeeriesV-Dld you ever tdt CoL Al
ston that certain parties were retained in tbe ser
vice of tbe nod to prevent them from telling
what they knew about tbe tease?
A—No, air. I never did.
q (By Mr. Welch)—Bos anyone written a letter
to yoa since tbe pubVcatioa of this matter?
q—In conntcUoa with this thing?
A-No, sir.
A-No, air
q—Have yoa received any note or letter since
the article appeared in tbe Herald •
A—No, sir. Not a Hue.
q—And no message I
A-.No.itr.
Oov. JOSEPH K. BBOWN sworn:
Examined by Mr. McDanieL chairman.
q—Do yon remember at what time the Icglala-
tnre of 1871 appointed a committee to Investigate
, $30,000 to AsjlOO want in thia way. I words used by Mr. Mornll f
q (fifMr. J 3nsiBrown)-Do yoa know of a I A—My recolleetkm t* that be
_oU*r of that money which went to Influence the I self jnst ss I have stated, andth
action of any person tn tho executive. Judicial oc [ after parties laoghtnf *• he dtd r
legtslstive depwtmenu of the state, or any fact I q—How long ago waa that?
tbst would seem to lead tbst wsy? I A—1 do not know exactly; ft
expressed him-
then went off, the
did
may have been
A-No, sir. I after Ibe adjournment ofthe legislature,
q—(By Mr. Wslsh.) Do yoa know of any mon-1 q—How long has ft been alnce yoa left the
ey having been paid to any member of the legtsta-1 rosd!
tnre of 1871*2 for •ttorney'a fen? I A—Since JmuuTi 187-1.
A—No,sir: there wasn't one cent, that I know of I q—It has b,wu more thsn two year* since you
1 heard It, then!
Attxxta, Fiuoat Ftb. 11,187A
******^”- pawU *° t 10 * d ~ 1 ured bVMr.^^ro^ha^dsVmigbt^nM^ha^
i? U R I \Vvi.KRIL toororn* I rcfcrrwl to the kMB>utalned by the correction of
K ti^Hwloiie r were > rou’omiSStS with the I ''A-Itml’St have done so. I did not ask any
WndmiTs 1 !*^-**^ 1 ^-* * lU> I questions, but I have sine* thought that be might
to I have alluded to that, as we had to take a new sc-
jA—I “Ink I was sn tbe rosd twenty year* In I ttHlnlof >Iuc g b) . wb teh the property was assessed
of moneyfbrthepar-lniuedwti^tmadsMhlilsasss!'**'* “** 1 ^^Ttmt'fttberesson why I ask you If yoo ren
. the endorsement^?the |cm!IIh» v «*ny d,italterecollectlouof wta; Ihepsntre
«U.S»f. 7 | q—A? vrbMtime did you leave the rosd? wreetalVlng about when Mr. Mornll made thsl
years, the flm of January. | ' j cannot say that I have. They were talk-
] Inggenenlly about expenses sad that they hsd
to do reduced. . ...
mean to my that they hod been
Is own warrant i
miW obtaining
A—No, Mr.
now two years, — _
Q—What office did yoa hold!
X—Muter of nfln* 1 -
q-wm you stats to tbs commit!** bow money
QOtBTtnWU I t « . . I
\««« m. ^-2^ is
ses of yoar department for tho yean 1871 and I corr cctlonof the Inventory?
***** .. , 1 A—They were talking about the expenses, bs-
‘ Jd not know, except by t re-1 they tboagbt they ,
‘ *{7 d “i le * dMn't call me I Htlng, and soma of thorn w
u all, sod nnlese ibe reports l #0 tnething-
amt aelnz any Money. I mJns*f * totbubnfl||b, I knew I q—Thst wm the general
q-Wm ^nofa^^^tyjimMm^ey D M^Xt™ 10 oked into that matter? U< jI T ^,
1 '17 *1 A-No, attsuded ttsictly to my own bsnti | '^-uwa yo* mssition a
' Z^TC^^toaS^'eWpald nuT on order- j
“° I thing, ana borne uf th«:m were auxknu to nuke
tenor of the convent*
it?
company
heard of the excreordl-
uerv penoenta—I mean tlwe outside of theordi*
nsrv expends of the rosd—being mentioned si
these meetings? I understand yon to mean that
tbe other members of the company were not aware
of them? _ . .
A—Not that I know of; 1 never heard them
mentioned At
q—Yoa soy that yoa don't know tbs person:
who received three sum* of moan. Do von
mean to my that yoa have ao knowledge at aU uf
(hem? . .
A-I know none of them at aU. I bar* no
knowledge of them. ... .
stL—Dja^ou pay any of these moneys to Mr.
A—No, sir. , „ „ _
q- Who would pay th* moneys. If Mr. Hemp-
hill received act
A-I know ©t no on* who rear paid blm any,are
less It was the president.
q-Ilc never received any from you tint
A-I bar* no recollection of bis receiving
i—If Gov. Brown
the payment ? Wm
cr for the amount?
A—Yes, sir, for whatever he wanted.
«> -Then I understand that sU three payments
you speak of were made upon the personal war
rants of Oov. Brown?! , ,
A—I suppose so, sir, so tor a* my knowledge
^yl-In your reports, I suppose yon bad to am
hi* warrant* a* yoar /oacbcre?
q-Wril, woahl not Ike fact of th* pretidmt
drawing out »urb Urge stuns of mousy, upon Ms
own persuoai warrant*, require explsnstion be
fore & other members of the eompany!
A—It never bos been called for sir, that I know
of.
(^—You beard OoL Alston's testimony!
A—No. sir. I never had any each conversation
with him.
Julius ffrowrn, and If ton opposition Ur d winter aYto psymtTU* of extrsordlnary
didn’t keep a standing reply to it in your. 1 expense* which entered Into tbe genersl
q—Didn't you
'Mr'*"*'
editors
ibytos, to kelp get
mention anything <
ever paid out on order. I ^ut&aatiirSmy3itoaJttVf
_ ^ I “ ll1 •»rlblngsbont“liha“
TgM'u, |“feduoita, Myjatie. were —“ d d,4 “’‘
q—Didn’t the otherleeseee, also?
A—If they did, I never heard of tt.
Inerting j q-W» wffi art go rtmjkmyonsmr hnd w
ft—Did yoa ever hoar of mooey going through fiSSfSSEiJSSttthi ^25» U ,pW * ***
AltSSSr I - S- w « wtu rekyow,Jfr^Wsnrer.uyousvsr, exp<nM . ;tnd th v 0 w.meom.
q—Have yoa any reasons to believe that mow
moot ased for that purpose?
JTl appointed
the Dtate rood lea*??
A—No, sir, t do not remember the exact time
of the appointment of the committee. I think It
was at the session of 1873 that the committee was
Appointed.
. q-Yaa remember the time the committee met
and held Its session?
A—Yes, at?;' I recollect the fact tbat tt met ind
held It* sessions. I sappose you can get the
time frpm the prtntedrecord of It. labors better
than from memory. The resolution ratifying tho
lease parsed August SS, 1871, as I recollect It, and
I think I do eo correctly.
q—Dtd tbe team company at any meeting, rett-
nlsror Informal ever take sqv action to provide
far tbe passage of the resolution through the leg-
Mature to coufirm the Icam?
A—There was no action thken In advance, by
the company, as 1 recollect, with a view lo soy
general action by the genersl assembly to confirm
the lease. There ware conversations between
ouredvM with reference to the attacks tbat were
being made upon as. A committee wsa appoint
ed by resolutioncontlstiugof o-yrelf, ss presi
dent. Judge King and Mr. Bcnj. H. Hill, and our
dalles were to look after the Interest of tbe leare
and negotiate with the legislature, or any com
mittee of that body, with reference to remodel
ling tbe im-enton or other matters coming up un
der the Tense. ,we represented the Interests of
the lease before the JegWatnre and theocarts,too.
If necewmry.
q—l* lh,:r* * record of that resolution ?
A—Yds, sir: I con furnish you * copy of the
resolution. This ta tbe resolution passed April
71,1873, under which we acted.
luegotcno-v.
“On motion. It was
“Resolved. That the president of tbta company
appoint two members, who,with himself aschslr-
man. shall constitute a committee vn-ted whh an-
thortty toVypresenlthls company, with full pow
ers to confAf negotiate and agree with the gener-
alassemblyof tbsstatoocwith any committee
thereof ton MRng any merter of controversy wti h
the stare: ^oeA'-nt: the ty.ml slven.ortobe given,
tbe oraxTbottaken, and the ten-
ureof ulWM*e to this company or tbo Wc*t* ru
■ v railroad.and Its property ami crmlp.
q-Y.
that
q-Ws wiu oak yoa, Mr. Walker, If you everi"^;
„ I bod any conversation with CoL Cal* about th* ex-1 ot
J I pcofle* of tho road? I tr u-aa
1 A—Well, I had frequent eonversartonm with I won i.
At ,K, k-nl I '
A-Nothlng more than that tt ta not right and t . *-*'£1*— rreqaroi eonveremj«. w™ wends, would yoa un
do not satgxas* ft was done. StJSfSS^SXZS JTSSEuStmSSh partof.ibe
q-Do ySakMW whether or not the edltorsor J. woaM rUPs ?roc4*cam.lu!
proprietor* nf Tu Coxamrcnox received lv« ^■ poa I A—No, rir; they n
thousand doUara? “
nut undertake, then, tu aay
wa* not di*cu*Hv<l and that tu
mark of 'Mr. Morrill dki ikH refer to that expenae?
• A-Itria* current expense* they wen talking
about, 1 thiii
q—I know, bet might ft not have had IM*
nectloo, that tkey were tailing about the general
expenses.and then some onclntrudnccd lb* sab-
rseulution ratifying Utr. lease, and then
Morrill mart* the remark. ' —
yoa undertake lo say that II waa
-t of itie cuuveraolluu that Mr. Mur-
hod about concluded their
• mi,-,,n,, nmiiru , , talk vies be uiouu hu remark and then left.
ISS^Daz-k-wofato-U
h^^hl«tlnth.mue to otbor psperv. be- l£d other
A-lS S?*?rSS?know that any was paid to yoa In oneof I t ^ dl ' r » ra >« l .“° lu ' euWrt “’
to.?*?. Cu> ' rnT ?T? 0JI - _AA_ nsid AA.. I three conversation*, when Mr. Morrill ws* pres-
yfcSSreuJ! ©nordSre^ “ | not .about th* ratio ol the expenses to the gross | rtoa, gayjoo or $10O,i)U0 against toe rood!
°* “* ‘* rtU * 001 m ‘' l “ ”7^*0, sir: I hsv. no recollection of any such
Mooco in tuo warnuuai i fonveiaaiiou*
wwrtHti were uduaUv I ft-*Ihj you mucsnbar having a conversation I |f$em^Mi"madeTv5a*Trtheu lhat he *poke of the
q-Wsstoat thaws,worrsats ««a>-nstl.. ^ recentiy shout a conversation 1 e^nSTo ftoerosd being no grreter than with
drawn without the name* of toe parties being | which wu uld w have uken place between your- irHoftta rood!
Ole and Mr. Morrill? I A-No, dr; that was at another time.
‘ hods conversation with Col. Al-1 q_.au tkat transpired. If I recollect yoa. wm
A—1 never heard wt.
q—When thia remark of Mr. Morrill’s havinv
A—Only an genera) expense* and sock attor-1 V
ney’s fee* m tbe president chose to pay. I aqa hmllwls:
q-And these warrant* do net show to whom I JS?l£SntMr*bI
not about Col. Cole particularly : I thia: That Mr. Morrill ind some other lessees
nor oboot Mr. Morrill particularly. _ ^ | „„ to Jm ,ou were busy at your desk.
P T-S^‘flr an I am concerned I never 1matter, and could not hurt me if
aigned buch a paper and never saw anch
tor* having done ao? I c nUul'ed that Will you stole how it
BWer hK . r was paid and rite motive for ll?
""-'I A-l do not know Ibe motive of iL .
pl.(lgelolb»t* fleet? 1,Kilted upon it simply a* a business
A-I did not All l know of Hie mat- (M|wr> f, lt . n)onl . y w , s p B „l |,y them
let t have WHd yon for the privilege of pulling articles and
advocacy ot the cause of tbe Texaa and
Pacific railroad which U now pending £ Tiro lessee*.
beforo_ congress? | Q_ You mean lossy that the liaseea
got tbe monejr.
Sau?
A—Yes, sir.
Q—You IimaI mu UUru liow lli**v got ^75,000 to $100,000 In the higher v»lu»tl«o of
iIi*M*sv ! propertv. Whrn thr fH<ond Invrtlory wuU
a* C iti il **** mlmost ImpoHjuble to tell what wi» the <
A—^I suppose l bad Uittoo of tbe when we took charge and
Q-h2«^u never heard 0.4. Aldus ^S*tfit mm.¥* ^ ^
W y that he had a contract to that effect r m ‘ UtI '
A—No. air; I never L*ve. I n— w Lom was the money paid?
thSrSSiffiriSM for* 1 advocating I ^-“Uc^'uTmugt SeT^Tury of
I deaUn.tol Q-B^il^Morrin?
_ — . .. - * - one
•ubscqtient time when •?“« “J r lb ®
pe-s were savagely attacking Mr. H^p
hill. La expressed «ome oppvohetofopn
about tbit mattor getting out, itodtold
that be waa going down to aea Governor
Brown and SrPetoiaabNtt iurito"
It bushed up. I received no Turthwcx
planation of ft, and the m dtor dropped
with that remark. That waa Hie only
connection I have evt-r haard of O-y.
Brown’s natoff with thab mattar. ftj
perhaps proper that l should mention
one faci in order tnat there ntof y
In regard to thls mot:
iwcaitQ newt-
m '•Hi 1
Hr. When Ibe
U- You did not under»Utud that the fimlInventory wa* made. Brtwem the timeslh«
papetm were doing th.s for aotbiug? ! JtSiS5?£'«Srito*to
A — No, mr. Much hid condition thml we wer* afraid to ran It.
you coomder It violative uf I think, ind have nlwiv* done ao, thnt *Ute
newspaper ethics lo allow Ibe use ol your 1 'JSSS'SiraSilSIfowi
columns to a party for the dfecussiou «if lU^traixoudWonof tha raJnfrom tha uEi
points involved in a measure in which! moay the conunltu* look. I hav* alw*y*thought
tlicy arc Interested, for compensation or > ^ l 7SStMbs^TbsJKiabsv5£
pav ? tlon of tbe property. We hod spent a great ties)
A—No, sir. , tor Iron endroMn/stock. I ot™:l m*v bore
~ - sold that to Mr. Walker, for I hav* sold tost
mm-h often. A* to what Mr. Atatoo recortn Mr.
Walker M saying that I seld.1 never sola tt, tott
WM not true And I do not sappotatoat twasld
roonrhtoMVftwbenftWMDOttni*, and If
A-I do not think It b.
Q-Do you not know that ft U consld
•rad dUrepntahto for a newspaper to re
calve money for advocating any public
toy Just htoetettaft «n paid at
career, I have never received one tingle i « tlr
dime I U- How were the paym-nto made aud
to receive mooey lor advocating any | q jjjj c# jj f or various gum* at
various times, and were they paid oo
demand?
A—Yes, sir.
Q-Did you give any vouch re?
A—I do nut tbink I did.
X—Ido think it would he connidered I % ^£52 iSSSK?
highly no. And I wish to toy, also, tbat u«np««,
never upon ynyocc^on, either with j^pUnJ-Wbo did you
Z d ’SL? ”
SS*to^ ll ° n ° f “*I ^T-wSidi'positlon waffmsdeofthe
w«s. « — . Tow Jfty prid tt to »ha printer* and oih»
taOtiB^sZB tel^SSsssL
thia that you never gave any letter or I A—i e*, 0ir. a ownr^srew .
you M?W 5&v8 w*y raw* i. __ > sx. iboot the
agreementtnal jrmvwM advocate tha .our books show tbran things? menu o* money.
I a nrrriQM arrangement between yon
of advocacy uw the payment ol tbaac I t h,. — m to nae tte columns 01
boads? I vnn . n •
A—I m*»o ft to lta brearieat term*. J 0 " P K V ^” lbeT hwl u MljcJe u ,
SR©saBfft’ “ ”
of those bonds, or any policy looking to I krpt a rnnotog aoocnnt?
^^memcry b UtoJ Sere «ycontract with th
baa been a word, from IbatUme ww I or their agent, a» lo what you
Q(ByGev B rown>_Inthen«'tt^ons you WM receive $*,000
O-Wlth whom wm that cou'iact madi
, often spoken ihoat the Inventory.. I will state
Q—Didu'l similar article* appear in tlie I that sn Invenlory of the property of toe hi*Jwm
| mad* when tbe fcseoe* Orel took charge. There
wm another Inventory taken by toe committee,
which 1 have often said cost toe rompaoy ftten
*78.000 to *100.000 In to* higher voluotleo o£to*
°re—° I they were talking about tbe rood and its expenses
57i,7 ire McDanieL chslrmsn) Bnppose tho 1 ”• *“™*’ "P»“ “« ™z~ "* * X P“- and at soma time during tbe conversation Mr.
pfmSliti iSsSTto M^lln. I “I* pMtiommW. They were fro “SM*! 0 " “ d * h< »‘“>* *“'
Etim. wmSd*thennvMnt t b* r eSile , t?hii?w?to 1 1 ^“Oy tn my office, M were othevao? the teasee* 1 8< A?ye^ Jt*
bellevs, wetid ^be PSyf^Lat to* time* of tbe board meetings, and I talked I O—WhendW
sort th* wonanlor oeder showing toe pnrpoa* u< 1 wlthwWl# u work lt mJr rte>k> ^ i not I mJ: Aletoo?
* -Th, _J,A, I know of say particatarcoovereations toot occur-1 a—LmetSqndsy
s“!i l 2^5J?S trains, or something of ton kind.
iSl^f^S^hlrss’hlMelMaTtoe^vmeni Pensesof their road not bearing L _
UttsraatorwtmbnmhlmMlf forthepajmenll m,hsgrosareceiptstoanMr. Huft's rosd?
* f«» “ftf- Joliaarovrobl..... 1 A-ft. sir; rthink I heard blm soy that.
A—ft might, P^hsps JUro-tM-W* q-Uld h* any anything oboot any mooey u:
H?'!L?JoreM 1 mmim^nanev a ^ r ssd > to«ai , tnre > ft I "“Mde the regular expenses of the rood tor
fto president so much money, and then turn it | ,^ )ue into the expense account?
A-No, sir.
q—H re you ever heard Mr. Morrill w? any
th*
Q—Is not l lm' done by pa{icrs geoer- said that to Mr.
ally all tbe time?
A—l ll-luk it ts. 1 do it, and do not
think there is any king wrong in it.
Q—D d ot tuia iovestignt ou lost for
one or two months from tbe time when
it first came up before the legislator! ?
A—Tea, air, I think It did.
Q— Didn't we coni nn • these publica
tions almost constantly during that lime?
A—Yea, air.
Q— Didn’t you give the other side the
same use of your columns tbat you did
to Us?
A—Yta, Mr.
Q-\V*» it not dire tuned, pro aud con,
all test time to your paper?
A-Yea, Mr.
Q— Something has been aMd about
pb-oca clipped from other pa pets; waa it
not understood that if we cut out pieors
favorable to oar side from other paper*,
they wets to be pat in alsi?
A-Yoa, air.
Q—Didn’t you allow the other side to
do tha same?
A—Tea, Mr. I put in any piece they
gave me, whether a newspaper dipping
or original matter.
Q—But tbe editorial conduct of the
paper waa left to CoL Av. ry to conduit
it a* be pleased?
A—Tea, air. I never have interfered
with the editorial part of the paper
since Thr Constitution wm waned
Q—Something wm said about the pay-
cuts o* money. You add you were
paid by the treasurer; wm it not some
times by me and sometime* by the irea-
SU'M?
A -Yea, Mr; I think it wm that wsy
Q—Yon drew out money at aay time
durmr tbe dteenaMon?
A—Yea, air.
Q—la there anything on your book* to
■how that any member ot the legislating
received my money oat of these
amounts !
A—No, Mr
Q (By Mr. W*lab>—Did you charge
tbe opposition by the lino—ao much a
Hue—or agiee upoa a specific amount?
A—They preferred to ray by the line
Q—You made oat tbe b«Ua that way?
A—I ttdrk I did.
Arettime?
year some iim«c
ft-.lluw long alnce do you ihluk U wul
A-I rappoee U wm about» year ago; m*j be
more, may be iwn,
q—(By Mr. Julius Brown.) Ws.n l yoar office
next to tbe nresidcni's office?
A—Yus, str.
“ “ «ame
<, also?
A—Yss, sir.
q—llWMa sort of reception room, t. o, was ft
I nut:
A—Yta, sir,
q—Wm tills remark madeeecreily or privately
I at my desk
,— . ever had by tbe com-
‘--'intoStorovar toi rreortta tbta morning
ind this/i--olttUon,«hlcb from Its broad term
any other action taken. If there wasany other It
Is doabtless In tba records of tbe former invest!.
rvfrtnn
(Mr. D^ose rnul from the printed record of
te prevtoas htteetlMHoa a rewdnrioo piecing
(90.000 at the dtspoew of tbe president “for tbe
ol the flm
meeting* held after the lease WM made. That
was on amount needed to start tbe road to rou
sing tt that tlmo. That wm not the rorolatlon
under Wblch wa were acting at the lime nf the de
fence of toe Isaac before the legtalamre.
q—(By Mr. DuBose ) I fee romu asterisk*
marked In whore rome nortlona mty tore ta cit
left oat I ask Von If thia ta an tbe rexolailon
which ta here printed?
A-All that refer* to that subject,
q—(By Mr. McDaniel, chairman.) Hsd all that
jm. $.70,000 been eapended before (be lease com
atitteetod ft* meetings?
A—Yes, sir; ft yon took at Ihe
other testimony upon toe subject you will
And that ft wm probably a rear or more before
reference lowbet too legtatauc* bad eost that time. Th* objects fur which tost money we*
^ ■--- spent were gone tnto in that investigation. There
wm none of tbs mooey named la loot resolution
spent In any stupe or form daring Ibe aetkm nit
on tbe resolution shout the lease. After the
lease wm attacked tola committee of directors
W q_W*M any money ever expanded by you or
other* of to* company, under the resolution you
here J ' ‘
enough to ear ft when tt wm Metros, ana it u
Sdfcotree I would Mtonmlt so.
eonetrasd whet I sold, for It tod no jrfsmxs to
this nuuttr whatever, if I Mid anything or the
kind at alU _ ... . .. . . _ m
y&sas^m’SW-ST*
$3<u»0 to
know thax it wm loocwhM betrw# th#
t '"q—WBt you relate tomethlng that eerrestoflx
the recollection In yoar mind!
"a—Snto*noMuagmueetoM*t«a*»Mm*n»-
orandam bent tn my mind end warrant! and re
ceipts wblcbtbe governor (Brown) gave me at toe
Um
^js,g^g8!?ataaJaa
! ?3t5s*;as!aKSrjrs:’-.
.hie toTa from ttom toe ttxnM^ wktto
taS^OdS$jjQ*toSyioo ttot was n^*to
that way, would you undertake to say than ao
man was so need!
A—Y*a,atrt IwtlL -
q-Itav* yow over bad any cMtwmtom Whh
Goveomn Brown m to what as* to mads of that
q-Aadyoa bar*normheaidto*subject
tioaed amongst tba other membata of tbs e«
ny at their roeetingr?
q^D^ yem **** bear any of them N>eak
q-Hare*toa oto?memb*ri of ttw taaa*
pony bean tnfWmed of to* tact which jvm now
T-’l do not know ttot ttoy tore.
toe (Soponyof title oottay? ..... . .
A-I donot know any renan. I hodnokrowl-
q-Sow7ftSdStto * S*
have meetings?
A—We have an exe
q—If Um warrant railed to show that It wm fur
Sirod^M/ttot tact? Brow ”’ to ’ 0, “ rr,lw ‘' I thing abou^mooey^-any earn of mot'ey'-jiavinV-1 or'pubUdyV
^-YtoTft hern ased to Inflaence tbe actluaof snytaidy— ? I X-U wm _
mwhom.orftUMptalaro la toe report of tin-1 w boml donot recollect by I A—Nol sir) yaw know how my desk ta situated.
“^Kwaie TmrsrseortarL that most of tho I n* 111 "- hut one of them I think stm Col Cole. | and 1 did not pay paiticotar- attention to them.
sraSSSSSSSSSS S~s=sS*l a TK^ l %s T c sa»SSa:*.r 1 “~
•jSSS®*szu*. ™,’u asrs.ssssLWt-. a; Jzsasmr*
ffSSll chsrge It to Iw yy tot’en, o,
I-B* make* hav# mated too sum, bat to frequently makes that he WMwttoil think that to wa*.
gantrai uxpmukm or Miunivy ■ I gprrcbra uboot thln^t und I rap-1 q—(By Mr. McDaniel, chairman.) Yuu wen
Mtt rvDOfti show th# name# uf I R* - ** 4 thi t ^ ^f-lllfrnlinn^ h2* l i IMhont the Inrentory of the property of the
whom ttofru.na* Wttffi Ttffilri > I DAT hlTV flOld th# ftUWOBt WM $70000, bUt I I rqyjgJ • (ft) vnn m»nn *||^ InVf DtOTT Of th# DfUMrty
> ttatt^iw ml5to and-^ngenursl S* 1 ? 00 attention to It, If to did, thinking ft one turoed ov T <?bytoe sute to toe2«**«sr
fenK°£3«renuuk. ^TherewM.MCondon.take. 1 bdlere,
•hoac and the namM of tto Dortle* ne cr • the othmstaaghed and he '“ti8*lftta>/q-Udlto terms of to. 1mm set require Ike
and left tto room, and sold nothing further about I company to pay for tto property in money?
^^MuffTfxMmnlwdai^ewMttokBowi You ray yoa never tod anything to do with, I tat my’TndvwutUng It tofltogMtt' hro
or any snpervlrinc over th. expettSMof ttorond? 'SSdtttoJ^dSf to? Ieje,in.. good
bow it was tom “7. J*.TrT7.1 A-I naver tod snytolng m ire to do with it I order m tony reettred iL
ttonnrrmtitir*” *° "^tosn yoa have. Except whrnthey pskl me my q-Wcwiy^lncx:
^Tto iHSldtor^y made a renort tost 1 | Inrentory tore really ■
- panic*, but t do mH remember
7y toviS^^^mr'^riiStt?’ ?" raid 1
*51^— X— m Ito^tottto.mdTlpUsume. tos^ownt of affj^S
Increase la tto amount of tto
really affected
ice of tto rood!
A— A ca, BU, ""I"": f * J w "
me. probably I cuald go tnto tbe matter and give
tto nets In a narrative form better than they
mold be gotten at by qaeetlons from tbe com-
(By Mr. DaBose V—Please elate all the facta
aboat the money used daring tbe lnveetlgation
before tbelextatatare, where ft went to, and. If to
lawyers, what lawyers, and tbe rpedfle amount-?
A—Ae ta well known to each member of toe
committee, I prernme, tbe lease of toe Western
and Atlantic railroad to oar company gave great
dissatisfaction to many people, and especially to
a party wbo were oar competitor* end uppoeed
as here, and a good deal of angry discussion was
gotten up. and charges of frond tn toe procure
ment of tbe tense wen mode before the meetia-
of toe legislature of W7I and 187*. The opposi
tion to os wm strong, active ana Wrier, and we
knew wo tod to moke a determined light against
it When tbe legislature met ft took eognlunre
of too matter and appointed s committee lo In
vestigate toe charges. Seeing the activity nf the
Other side, and tbe nameronr charge* which were
being mode about tbe lease, with a view to In
fluence public opinion against no, we felt tost ft
wm due to oar cMfartrrs, as eltUens, and to oar
Interests In this matter, to Ire and counter-set
those things end to stow tbe honesty, fairness,
and J notice ofthe teaae. At* meeting of the
company this question wm referred to, and toe
bitterness and unfairness of toe murks upon os.
mentioned, and after some consultation, * reso-
I at too wm pftiwd. (wbrih hM brvii rrari bertu
appointing myself, Jndge King, sod Mr. Hill m a
committee to look after and protect the Interests
of the eempany In tto matter. Judge King bo-
trig old and seldom meeting with as. except pos
sibly once a yeer, to Dover met with the commu
tes, and so. took no port In this transaction. Mr.
tUII amt myself beug a majority of tire com
mittee conferred frequently, and decided upon
“ T to be pursued In toe delenre we pro-
• w»«to He left to me. In toe mala, tbe
I pan of tire mattar, and he took upon
tto put of writing th* replies to the
article* In which we were attacked, and a* those
attacks weva able sad very bluer, he replied to
them through tne earn* medium need to make
thorn, and that ta through ito preaa And w*
soon found oat that wa woahl tor* to Inear some
exoenr* In dotn* this
~ ~ Mr. McDaniels, Ctolnnsn. Were those
___ Q—That is, yon made out the bills al
^Withwhotn waa that con'ract made? ao much per fine?
hav* Sadany means of knowing tt!
A—No, sir; none*1 all lone*
Wi: S -iotatofto T ; | 1 pre " Ua *' ^ “ , °“ t *
q—Dtdyoo aver examine the book* to tee?
meet.
that they have ever bean present tt any of tto|“£®
pl S fKmp]
r^^V^t^^^execnttr^commltle* which
■ms wea smooth. A meeting of tkalbObated
Is haM ones avary three months, oroneatnaacb
quarter, bat they do not alwaya meet regutariy.
Last year they ctid not meet at sU until tbe e^d of
mttun to tha company? __
2—Te*^s^°wtonever they mesa.
-No, str. They wooldtov* to return tte
■fa^-.fr-.iisi^ttTawsssAasaBi
A-5t P 3S , £M? e Ut not do ft. A.
wm not aa amoont paid out, of roans, they
coaid not estimate It In the expesreee then,
q—Wm dm conversation te you office aboat
- No, .
q—Were yoa eve
. , ^—No, sir. I ttid not behmgtbere. I tod my | ^—Yea.'rir, toe regntar
meeting*- »»**««« mmmit 1 wa duties a-d my own tffeen attend to. I q—you remember no
q-ltose gentlemen of «b* exeentive commit l u—nrate tto conversation that you had whh m tola inventory?
tea mtt mol monthl |(OL Alsuo. I A—I beard ft frequentiy rpokstl of, but not at
A—Yea, sft. _ __ __ A—It wm tt my home In DeKalb ornate, I that time- I Mrs heard tto cteef cuglneer
q—To whom tbta report wa* mads every I q_i,«. .bent smswuiIm rod hsd had, or I -y-Iwit,-.r—|. .uH -h.t h. put the engines In
‘h? I JiMfri In tmtr nArflT * —
'Kummi**'. ltoi3L»w*-y ^ . ^j^M.^y^rk h.ve h.d
by lh,! U8wmvwiu>ry '
imte$etff*teittk$iff3>Mff»titoA| h j|X—igffa—teimMmte <k *l' : ’qtDyJmlge KaChy)—Might it not have come
•^SW^tttemffMOttMW. Octe tovd m SgSajJ-^fro^.
tSmSomT . . . ■ _ q=Y« Si to?7lltoritt 1.1« .Ui tbta stats I
tetateawtore. I "S^-nlSsT* I dtt. I qlntglunM that have bero a port o< tine
farther than that be occulted sntnltisl petetul q_l called over to see yoo, mid didn't.you tell I eoffrereSloo?
SSImTii ^*iteS.freSS» from*tost petoL re-1Smote Mrm«ei?yMwyto&!iim[tnk oSSmi LtY*wM »tot ttovwaate tor to
“?3o$o*reto«S^W. Cota'* being her* j blurted'treTtoiti^-toM* fellow* are Mowing t *i-Y**Tift. W Tttey were vrey mackslarmwl tad
alSTto sSlilM"* 0 * toeleM*? | about the expenero^of tto ro*d. yton .ttoy ere| Jamm wanSl tosehoati^
vrt3>OoLCo!«sdtt^a!ke^!uer^o^ad^HtotWl
raSikaboot tto leeeee* rafting each a hell oJallSarsr
SSgaB^ggSBnBSSSBEiJSSw
^^■sre bad to epend $70,000 on that damnedlejp I on |j oneof Mr. Merrill * off-tond epeeebe*. to
Ik obottlhoktoM* raising men a neu of *■ tatatarer' , " ■ , , ri m. Mr. PnBoseh-Do TO* knoy
ygVSlSSwmaffeemffi arMaritaatett[utetoSktiitt 1 toreffi.btoaaiggetatottJuSSkmftStJBlfta proSTtet
tseft wws notOTs, sod 1 am not tn to* total j Haro no sockrecollecttco. l never raid last, i j „„ t ,M.t..^t
A—Yes. sir. Wssoow found out lhot we could
\z
columns of certain leading nampapafs, and we
w* found, generally, that these gentlemen
of tbe press seamed to think ft whing bat fair
tost ttoy show Id toe* pro far tto Res ofthrlr
■ At lean tbeyobowad no disposition r-
olhing. As ta usual when largo ft
ts sre before tto general
admit oominnniealtoie a
en large in-
nbly, editor*
liber #!d*\
APHIiClteffM — IW■ MB ItefflteN«■ toM J»va»to
This sre coaid not do except toroarb tbs news
paper*. At. the titonaft wnsSmgbtbetter to pos-
ctose* paper and tare lira oar own orgM. We
r^£^»v^«bo. , a
or Mr. Smith, but ho, after conferring with Mr.
Stephens, did not encourage us with the Idea or
oar N lng able to buy ft at Ibe -ve Indicated,
which, 1 think, wm aboat £70,(0
ud hirl shout publishing ou
The Sun. and ho said he
tto matter to Mr. etepba«J^^^^*lM^
lease, prided they paid ta lL and bo opened
AmmmMMM|mIM IBM
■d, decorouf aud Bruumtuutlvc
lftMle,MV«nllL -Ai — . . to — w
1 then approached Mr. UvmnbW In rttereoc* to
Tin OOKBTtTtJVtott. At:toll titneCoL Arery, wbo
who did m be tboagbt best. I then spoke I
shoot getting tbe ateof Use
cations, and eaggeeted tto I
tto exclusive use, as toe cd
tto exclaslve use, as the editorial coarse or the
paper wm with no. Thta, Mr. Hempkll) eald, bo
would not do, m he wished to make all the money
he could out of the other side, as well He sold he
WM getting, I think, 35 cents or 50 cents per line
onto! toe other elds for toe publication of their
articles. I dW not know how long this matter wm
going to lset and how much we would hav* to pat
in concernlnglt, so 1 sold tohim that I would ratter.