Newspaper Page Text
p 00R COpy
publish communications from the other
1 «*« 'P<*» «o Mr. nm about other section* of.
the elate. and err igrerd that we oucht to he heard
to other rf'SESJffE .„
niton Tub CoxsTmmoXol do not deidre to men
tion these other journal*, u they, probably, did
n°t expect at the time that U would «vex be done.
1 n Ul * Late, in tM* connection, that there via no
agreement between them and the committee ex-
c 'T t , u to the compensation for publishing the
article# necessary to put oar cate oefore thepub-
He. andwhtch were furnished by on,
■.e«7p“v ^ r ' 8m * ,h )- Th « “«»ej ™ polo to the
,_ a ~ v 5*> ,,r - Nothing m ever uld In these
transactions about the legislature. 1 atate di»
^ e T* no, to lobby or bare anj-
ni w # lh .»H\ e f aWature, but only to allow
Ln-wnHntr.K f l5*tfohi5n* tor the putooac of
answering the article* against na, aud article* by
^ •(By Mr. McDaniel, Chairman.) Goon, Got-
tn'incV* 14 ^ “ Ulr l ° Wllom * ou P* 1 ** *»J *um» of
A-)t ia the decision of the committee that I
• h * 11 name the several Journa-1, la It!
Vi--It will not be published except bv authority
of the committee.
have already stated that we paid $.1,000 to
the CoKsTirmoN, We paid it more than any of
the other#, beeansc It was located at the capital,
• n f| ^ thought it would wield more influence in
rnnkittening popular opinion and give the case
M « " fi£hiln our fav—
" e paid to the Joun
► the Journal and Meaaenger, a newa-
F*I* r published at Macon, the aum of $2,000.
To the Rev. Dr. llicks, who wan editing a jour
nal there an editor, $MO.
1 here wn« paid to Mr. Swayre, as editor of a
"A 11 ™" 11 paper In Macon, which was supposed
$**io.
»e some influence in that party, the sum of
1 he next instance was not a matter alinply of
nfW'.paiMT contract, although the newspa-
jmt was running ou our Une at the time, but
uu» nton.w wa* pMid to the gentleman represent
# \ • ’ *** ftn attorney and partly on account
. **« connection with the newspaper. He was a
i,«M)t!emnu of high character in lirorgta, and as he
'*■ now dead l dislike, to mention hia name. He
«H-rs or the legislature when he found them misin-
fonni*d about facts and also to say such things in
his paper a> his judgment might dictate as right
r , ‘!v^l« r *? about the lease. He was
p"id $2000 the same amount that waa paid the
Journal and Messenger for pnblications alone.
I hU geutleman was Mr. James Gardner, of the
Augusta t onstUutlonaliat, I will say that I have
no idea that he used any money for an improper
l* H’ith .l.ln — a V. ..- _
put-pox' with I ho Irglalainre, and there wudo ud-
drr.i.adlng hrtwoon n. to that effect. Wo wished
him to correct nilarrntexmtatiana about tho l«*r
«tirnvrr ho a out. H r had n<l .on of run ter.a
lion with tho slate government la an; ahape 01
In thi* romoctlon I have 1o refer to money
placd In tho ham!, of another gonOrman.whobaa
alnoo departed mta nr, and waa m of the hauoer
.Mr. Hon M ay ..who rraided in southwest Ooor
out Of
Into the
r otted them I
qucatlonoda
up. 1 uresurai.
no; 1 * teea and parti, t
*,prune,.
4-Di.**
any other n
tho committee, upon the nth
A—I don’t recollect that I have. Some of
Vava an Idea that we spent money
torthla pu-poae. but it waa a matter upon
whicu 1 did not convene with them. J did not
■UppCee that they eared to know anythin*
-’-nit it, f |nu that I had lull power to
J had dispoaed of It. and I believe they
thought t had mode no Improper expenditure.
Q. You felt that the other mem ban of the
company didn't wl>h to know anything about
talklngaboutatthe time whether tho annual
expense* Or wmttthny expected la make by the
!mE~
it?
1 did rot know whether they did or did
not. but they had not naked for It 1 believed
that 1 bad not wanted the funda and aa they
madeaoiminlrira 1 aald nothing to them of
what 1 bad (tone.
tt. Did you. or the company, ever pit any
In errat In the lease at the dlapoml of any
A. i oa. air.
If tan whole onternriaa T
A. Then they wouldcaotider that ther would
be (7j l»Oor goo two ahoit of what they would
have been entitled to Bader the old lnveDtonr
,4 (by Mr. Alatonj What aum of awcer
djJjjw. mod Mr. OodgaU by Mr. WaUaS
, A; I do pal remember exactly the tutna that
I let him have atony oneUme.aud (havestated
UPM ttSlia? uoo ** n * ,y «“““ «“» >35
J Mr. McDaniel.) Did Ur. Blodgett appear
re the committee la behalf of your
uy or come otner ?
member of the legialatnre of 187
We Lever did, air.
Did you ever put any Inieroiyuthe dis
f naal of any relation of a member c
llBfa r\t 1 fa . I *
) legis
lature of Ifc*l
A. No. sir; we did not There haa never
been any interest io the lease that I have
knowledge of that was ever disposed of
exc.pt in caaca where a share bag been trans-
ierred for a consideration at regular wile. No
share or mt ?n st was ever at the disposal of any
A. It waa in tho lease matter that ha waa
iwllcd in and sworn and you wilt dad his tea
timonv in BXTBMota the printed record of that
investigation. We could not have had any mo
live to pay him for his silence when he waa
sworn and had a fnli examination and cross
examination u
waa paid aa attorneys. Do yon know whether
thee- gentlemen cither or all of them were be-
lore the
member of legislature. bi« relatives or friend*
H. Ha* any momlier of that legislature, or
any relative of such manlier, become a pur-
fore the iwglalature here lobbying during the
Ume Uiismuaiurv was pending?
chaser *ii»ee‘
A. No one who waa a member baa. and 1
don’t know that any relative of a member baa
I tbiuk 1 may remember all the tren Jen made
since the inveatieation. Mr. Hill sold hi* in
terest to Mr. Walters, of Baltimore. Mr Dina-
more sold his to Mr. Plant and Mr. Waitxfelder
sold one-half of bla to Mr. Walterp. Mr. Wal
ter* is one of the lessees. Mr. Suiting sold one-
hall a share to Messrs. (Vok <& rhe k the mill
men, of Marietta. Mr kimt all tranafemd hi*
share before the iuvesiigation c*me ou. Mr.
Hill really controlled that share under some
contract between them. 1 will state that if any
share, money, inter* st in a rhare
or other valuable consideration of any
A. 1 think the gentleman who llvea In your
own oonuty was not here but two or three daya.
others. 1 think, were here a considerable por
tion of the linieor whenever called upon by ns
A**® I presume were engaged lu talking with
membersaf the Legislature about the lease, and
i ut no limitation upon them in tnat matter
hey were to reprcsf'ut our aide in lu justice
and iNirnem except the gentleman who refused
a fee for any purpose unless as a retainer in
litigation grew out of the matter.
ADDENDUM.
Governor brown afterwards produced the
papc’s annexed to his answer ou thlssnbjecW
and made the followlug statement:
character waa put at the dhpossl or any mem
her, or hi* relative, it was not done by me, and
I do not believe it was done at all. Wa made
the fight, and a hard one, and think wa did it
on honorable grouud*,and that the editors and
Iheattomys wno were with us acted hunofab'y
also. We had reason to, and did know, that in
two cases the other side were using such means
and that the papers were paid by them for the
use of th«ir coiumns. 1 believe that they used
money not only on newspapers, but to pay at*
torneys snd look) tat* And we felt justlfled in
using the same in« ans to eombst them
Q—Ha* any member of the legiNlature of 1871
ever ree ived an appointment iroxn >ou at pres
ident of the company.’
A—No sir: 1 think not. I certainly do not
S,* » ot, J, to the dir- n member any st this time aud J am confident
line! onoerwunding that he waa to nne it n u>at such a p T*on ha* not
had the disposal of
way that 1 have named, with newspapers
Mud attorney* in that *cction where he liveoTwbo
might be of service iu rrprocntiug our case to
the public, lie died before be reported the dispo
sition of all of It to roe. I ran state that he told
ntc that he had paid $1,000 of it to a gentleman a»
an attorney, and one thousand ($1,000) dollars to
certain newspaper*. Uv uever gave me the name*
..... r repoiicd the othrr^ $3,000. You may
»'»dnr
remember ahont hi» taking sick soon after anil
h *"? n S W* wind, and having a guardian apptdnb
rd for him. lie had no connection with any
member of the legi-taiurr, and I advised him
never to u*e a dims or the money to buy a gja**
of liquor for one of them. I think he mnst nave
do; c what was proper with It From my know!-
C'lgv of hi* rharactor I cannot doubt It.
V attoniey you refer to wa* not connect
ed eilb the h giHlature!
No, sir; he had no connection with the leg-
Uiatr.n
I *pok« of several hundred dollars paid to the
J*u». 1 cannot And the memorandum of the ex
net amount There were some small bills paid to
t he country pre**, but 1 cannot remember them
fully. I w ould *ny that the amounts paid to the
7 un * n ,d U»c country papers, would reach $1,000.
I *‘ouId not be accniatc, for I have not the data at
band. That make* f 1*.*90 If I haw my addition
n,*ht. Including the $1,000 reportt*d by Mr. May
n- having been paid to newspapers. I anpposc
«h- whole amount paid to newspapers waa about
that.
Yon gave Mr. May
that such a p -r*on
Q—Ha any member
an api>ointme..t under vc u?
A—no, sir. No mau haa, (
the road
Q—Haa anv appointment been made at the
in*uince of a member of the bgidaturo of
, except an officer of
a—No one that l remember, 1/ there waa I
am sure it whii alter the matter was all over
with, i receive maty applications from avast
numttcr • I |**opU*, but 1 no not lemcmber them
all. 1 can »ay that we have now from 3,0-0 to
&.OJ0 applicauons on tile and some of the kttera
m ly be irom members of that legtalature. I do
not remviuber that th re are any f om them. 1
never made any appointment by control or in
it o'P’ ^ r )
A-Yes, n!r; he was to use that with attomeyi.
and newspaper*. My opinion I* that the paid
* of ilu-S>alanee to newspapers in southwest
*s>rgia. If so, they receUed it from him Just a*
- - - -...» ..... . A’J *
I have stated that the other* did.
I slated that we were willing to give Mr. Steph
* 190,000 for the Sun. i
gun aud seud our own papers o\:
statu.
O -Did you offer him that amount *
A -1 had such a cot.fore:vec with hia
but did not with Mr Stephens himself,
Mt Mill Ka> uni nrant' 1t\ an* 11 It
"cent said he did not want) to aell it a.
time.
bnt I wish to state distinctly that there
nor ntruet or uifier>siuMStnw with either
one of said newspaper* lu reference to the
tiol of its ed.t>rial dipsrtra-nt E cb
ft i*crf»cly free to c nuucXtla editorl\V
line it might think proper. Inn the in '
cnco of to ither journal mentipned by
(•mprotniaed in anv particular.
piv p ild for the piivllege ol being ^eanl
ihnnuti their columns in defence of the jdstlcc
*ud fatrnetttof the loaae and it* advantages to
Now. g* ntlemen, the balance of the money
whi* h 1 shall mention, was paid to attorney*
*t-law to represent us in the matter geueTaily
I* fore the iMipulace and the legislature, and
wiunev r our Intereata were dlscnssM before
than to ret u* right. Most of them were asked
to converse with merabera of the .cgl Jature and
onect errors in regard to Uic Icaac where they
f ound the in to cxlat and to nowrsont us In court
if litigation grew out of it They we*e gentle
men of high character and 1 am satisfied would
not have done anything that waa corrupt fr
muht be said Dial th y were employed as a?<
t rm y* and lohbyi la. One of U»em saul he
would not be employed unless be waa to repre
sent ns in any litigation that might arise alter
wards
l will state that $700 was paid to Mr Samue'
J Anders >n. who was foravMlj Governor Craw
lord** secretary. He wrote several art rha tor
us and upon me suggestion of Mi. Hid, that
they were worth that much to us. I peid him
i hat amount We paid to one attorney 91.*Ou,
to another 31.0C0, to another $5 0
and u> another $1,000, and 1
loin d to an elitor, and never got It back $300.
That is the list of the coney paid ont and » x-
P- tided by me during the acadon of the legisla
ture r>y which the lease was ratified. That h
the Herald
tbetmta
Ihla legtaUi
. A- No. sir.
K A. Alston.
Q YouMWv..-
era! assembly unou _ .
q. iiae time Gtn. Walker tvs* here npri-
ntiDC the A Pacific rxXlro id caBu£ay
SfiSHTS?
*>r which yoixwai . __
lamination upon the very mauenatireoe.
Q (by Mr. VeepMa) Von have given the
smes of certain gentlemen to whom money
WiSker? Jm Q0<1 ® 1 * iJS0 drait lrom G«ieral
^ A. Mr. Bums get it but Ggn, Walker ktwped
1 feel that the prosecutor in this case, who
prolts-ca lo be a friend to Mr. IlUl, docs him
great lu justice bj lugsing his name Into this
controversy. And l wldt to sutc the following
facts which, 1 trust, will satisfy the committee
that neither the (omitany nor Mr. Hill dldany-
thnig whatever that was wrong in ihi* trans
action. Mr. Hill was the attorney of K. F.
Blodgett, against whom there were three war
rant-. or iuaictmenta. 1 thiuk mostly for small
offence*. At that time the excitement sgklnst
the Blodgett ran so high here that ll would
have been impossible, in my opinion, lor cither
i f them to gel justice in court E. r. Blodgett
was lu jail uuder these warrants and people
were really afraid to go upon his bond. 1 think
Mr. lull, as bis attorney, bad done all he could
to get bail lor him, without success At this
atageof the case, Mr. Jimrdan P. H»l, who Was
the fdthcr-iu-Iaw of Fostei Blodgett, came to
Atlanta, as I was tXd, to try to procure ball
torE F- Blodgett and to offer himself aa h«iL
He lived iu South Caroling, was understood to
be a man of property and perfectly solvent; and
tieluK unable to get others to go upon the bond.
tukehim as bail because he lhcdout of the
state, he applied to Mr Hill to know whether
he, Hill, could not through the
ut extern A A buric railroad company
air luge the bdii. The amount of
bail required in the three cases va* $15,000,
• that the editor to whom
had always a tvoc-ited our cause. lie came to
me and Imrruwcd ihe money, and 1 took hia
n te for it. 1 never expected very much that
I won ii ever get it beck, but would he g at to
> now, or at aid’ time. If he aect proper to
P‘>
it
i would prefer not to mention the names of
ihv attomc'P also. 1 have their reedpts here
which 1 will show to the committee. [Receipts
were shown 1 ...
!hi»c»1mate foots up about $21.oro. I dc
•ire lu this (ouuectl m. to make this further
*:element that I never, in any ins’aiMC, paid a
►ii gle dime to a roemtM^r of the legislature, off!
cer i f the govcr.inient or anybody, n any way
c mm clod with them 1 never authorized or
r* qiifsttd any i n-= else to do s», and so far as I
(xuiovruca I t>elleve such a thing never was
dci.e.
... (By Mr. Smith ) When you gave this
money t.> these attonuysit was not with the
nndcrsu tiding thnt they were n give any of It
l »tlu* legtalature?
A. Yes, *ir, that it was not to be uaed lo that
way. 1 said to them aubiiautially *T do not
„„ any improper xmans in our b»-
half* l know you would not do so. If 1 were to
*-ia u an 11 would not employ you If I thought
vou w ould We only aak you to argue it and
i n *ent it to the legislature in as good a llah‘ as
x. u rri»» oouatatenuy with truth ard propri ty ”
fluence of any lncmta-r of that Ugialature.
($—(By Mr. DuHnne ) The r>aymenta given
hire by you embrace ail the money paid out
by jourselJ oi the other members of the lease
company for that purpose?
A—All for Uio period embraced bythatsea
lion of the legtalature tliat waa paid by me.
Q—tBy Mr. McDaniel, chairman.) Might not
other nioueya have been pa <1 out for purposes
connected with the legtaUtive iuquiry and ac
tion without your knowledge.’
A—>o sir. 1 think not for any improper
purpose. Members of Ihe comptny might have
doue so but they would have io have reported
back to get their money refunded
Q - If you made no report might not the treas
urer have made payments cither on his own
auih tfity, or upou the authority of tome other
member, without your know ledge?
A—No. sir I revia.d all the tredsurerx ac
counts And he could not have done so without
my knowb d :e, 1 ('ontroded all these mature
there and J do not thick he co ild have dene so
wilbout mv kiiowltdgo, for 1 would have
known it if he had paid any money tor ill$gdl
mate purposes, who- 1 * aiue to foot up theba)
a ces.
g—lBy Mr Feeple* i Have you any reason to
believe that roon y was used by any other
member of the nifaiuy for thnt purpose?
A. f have no reaaou to believe that any oae of
them did use money du ing that period for any
impri'P r purpose. If so it was without my
annwIcHipi or romru I ration with me it was not
Ihe purpose of any of us to meet the question in
that way
Q- (By Mr. Mclhrntel, chairman.) What bear
ing had the invento it s of the property of the
ro d on the expense account in in i if any?
A. 1 do not ihiuk it had any partial]*r bear
ing upon ibe expense account oi auy particular
year.
4, Would it have any tx? .ring ujion the ex
pense n-count at ah?
a. Yea, air. I think it wou’il We havt the
lease tor JO ye rs an I ever tuiug that k a t.i
upon u* in any y.-ar b an upon us in ail
that follow. When we come to tage the whole
i urn and nivide it by Uie number of years we
g-1 the average for any one year. \> hen the
first inventory wra* made Ilia commissioners
went over the road arm saw it in It* run down
condition and made out the Inventory intlu t
ing everytiiing they found. On 1 Hiking over It
I thought it waa favorable to us perhaps too
much so. 1 di covered that mmo things had
beeu left out aud aorne things charged at t<*»
high r*te. I add re-*aed a inter to Gov. Conley
wbo was then eovenior. t«cfere the InveMigi
tlou wasordend vatirg that some thing* had
ftinio to my knowb «lge that were net in the in
ventory and other* that were valued too l:igh.
and that we had tauter have trial matter looked
into, i he ImpmadMU on my mind wa*. tha it
waa too lavorahl • to ua. %% hen the legislature
met it pav ed resolution* among whiei wa* in
eluded one that« new Inventory should be t k
en. The iea»»* waa signed on tho 27th of |.«vm-
ber. 1K7J. We had rni » ovet1 the road very
much in that time a d changed its anpearanre
very much, hence wncu the (vimmiaaione s oi
August !*71 came logo over ihe road, alinough
they had io take evidence of what the (‘ondition
of tne road was when we took charge ye* the
provem nt war so marked that we did not
, ilte «et fair play. I do not arcus* the nm-
rop-siomreo* doing us intentional lnju-tice in
the matter, but they could not lmve known
from itscouditlou then what it was when we
tookcha-ge 1 think the difference agrilcst us
was from $75.0i*> to flu) 0U0. tor we have to ret-
tie now by the new instead of the oid inven
tory.
g. In returning the road you mean that yon
must sf* nd that much additional?
a. lea. sir; now we h*v ; ro spend money to
put it up to the $7V0uu or $1 O WO better condi
tion. and that amount really cornea iuto tne
ex net s^flof the ease.
g. it wou.d not couiy' into the expense* of
ihii?
A. No sir. It would not except in this wav
that 1 think it dislribuies itself through all the
year-*of the lease. 1 consider the whole «x*
p-nseiofthe twenty ycara and the average
found by dividing the -urn by twenty is the av
erage of each j ear. 1 do in.t believe, as some
railroad men do in putting down
expenses for iron and bridgi*
as exiraoolinarv ex|***u-e. I tako all the years
ami divide their sum by the number of years
and have the average ' *“■ ' **
and it had becu aaocrtaintd that Mr. VMllis
cashier of tho Dollar having* Bank, would
agree to go upou the bond and get another
surety with himself, who would la* acceptable
lo the officers provided Blodgett or bla attor
Ley wouid deposit the sum of $ 5,$00 to In
demnify them against any lorn they might sun-
taiu, ou account of the non-appearance of said
upon
Blodgett.
Mx. Iliil conversed with §
the subject, otattog that the bank was willing
to receive the money, and hold It on deis-eit and
pay interval on it quarterly, aud that Mr Wal
lace Hnodea, who waa the brother-in law of
factoring compauy, of $i> each making J57,
0u of the *tocc as part security to onr com
pany, if we would make the deposit And Mr.
Fool proposed to give his obligation also to
make good the lues if he should sustain any,
ou aocoiiut of the non-appearance of Blodgett
We, at the lime, oonsMervd the bank perfectly
goal ana had no appretiension of its fadnre
J ud the lie smuk waa represented to be worth
rty ccuts on the doilur. Uuder the-e rheum-
staxuea it did not appear iliat there wa* any
Prospect of Ions, aud 1 cousented
furnish the money ro M
)ian of the company and
*1 lu bauk aa our a^eut, MibjectAm du* lei
above meutioued. This waa and Mr.
Fool eutered iittRthe ouiLation^i^ -<Nfach he
i romiMMi to vCy to Mr HUl. as the ‘agent of
the true owner, or to his order, the sum of
$1S,00j, with interest and coat or so mu« b there-
You admit that you did haven contract by
iv ue msirumentai m mttnp it oi
.whu seetna to be a very embarra
financial coxfilUon, add place li high i
•fJ »«ch continrency as is a urge*
I do not know of any aoch thing.
^ JfiSiuS
thing.
•tala emphatically there th no hk)i
4 But you got tiie money for It?
. A. Ye. .** Gen. Waltereald. he went lulu
the CoMKruLTiOH oflUo and ttanted them tj
publuh the article and they would not do it ua
lea he paid Ihcmt OO, which ha reluaed.lo give
them.
4. And you publhhed it for ISO?
A. No, fir: 1 did uoL
4. What waa that Sr&0 (or. then?
A. It wax lor pobliahiug certain commduica-
Uoas,among them Beaureuard’a ietter.aud other
paper, whken he waa to send me wbeu be got
hack home, acd waa p<ld aa part advance on a
contract at to cents per line.
4- The articles published were not marked as
advertttemeoti? ...
A, No. air. . . >
4 None oi them were so marked?
A. No. air. none oi them.
4- Dot understand yon toaaythat you made
no contract about a tee conditional?
A. Absolutely there waa not.
4 Did Mr. Burns, or others, make It lor the
Herald?
A. Not to my knowledge.
4 Mr. Barns was buMuess manager ol the
Hemld et the time, waa he not?
A. Yea, air. Very uufortouately. he was.
if. 1 dvir, to aak you woether there waa auy
arrangement between you and Mr 4.1. Kim
ball hi which yon agreed to advocate a line or
adjustment In relerenre to certain discredited
butnsof tho state, end their payment by the
slate, if he could get you a loan oi a cortaiu
amount ol money? .
I 1 had nothing to do with that loan. Col.
ery posit. t . , t
i. w.su't there certain oommi
with Mr. J. <:. Kimball about it in which yon
just. Htlll you m'cht honest y differ wt'b
— la ease tha ••Hera d” agreed with me
“id rcti.cj” I should bo rirr
' In lifting it ont of
ibenwsalng
high above
contingency as it aurxea ed in
Mr. bm sis’a i«Uer. < You know that 1 think
kTrt& rmudMb* has bean a curse
date, and i ut throttles evety euter-
_sd r t ,,ntrcsout>lde rapltal I have
ueen and am still a bellev. r In ‘ state aid 1 '
and a liberal po ley toward latlro.d enter-
prsde. Fdoa.d say that this policy hss
not been aomewhu- overdone, bat the poli
cy vrirely exertised is correct. Your peo-
5“ to ° poop a%d hare not the m- aus to
develop your tea u-ces, end they can never
g«t tt until they recognize what is hcnutly
■>•4 for the bcucdt already r ceiT.d State
aid to pntttHfly for the sta-e, whit you
f -nt tue the •‘HnsM.' 1 You vast more
ready cash, 1( you have it on a credit you
a e ronhdeui that you ran pay Interest and
all expeuaes an 1 tue principal iu less than
4'years (the time the bon a have to run)
I'he Centra' railroad I fluence hss don.
ut walo in jure the state lhau all the nbate o
’-•state aid 1 ’ pdlcy.
.Takethaeaas oft th* Uulon Paclfl; rail
road P never could have beer built but
far the aid oi the government, but now that
as is bull, the government wou d be a bun
dr.U times, bet-er off even if they had to
P*J every doTar guaranteed than they
would have been with 16 road and no pay
But aave making an argument, I in ended
uosuch thing; 1 merely intended to say
this l appreciate the value of a I re, injlueu
•Ul newspaper like the “Herald,” and If
the “Herald” beUeveatn the lolly of repu
dlatioo and tha wisdom of “stale aid” and
would devote Its columns lo advoca-lug
Such a policy aud such ejeciai enterprises
aa met 1 a favor, then I could consistently
puunlse my usslstance In p-oeuring such
aide* would mike the “Uerald” fluauc-lally
ftr^tiy aud in'lejwndent. This, understand,
U not written for the purpose of nuking
any hid f or your Influence, lorlatn not an
UtoHzed or even Inclined to do so, hut
al uply In reply to jour urgent letter, rod
to a-aure you of my personal friendship as
well as my j trsonal Quaucia 1 kablhty to aid
you, but to shoe- youa Une which If in per-
lect moord with your views ml^hl be sue
eesstul
d am not atUmpt'rur to c-nvert you »o
suv views, but If you candidly aud tioncsVy
hadJ ba 14lo,-ua Uieae subject*,t en i
can vork/or }ou. If you do tiot, lean no',
i» A bu point of view, though peison-
Mly Ihooe vieiray vlway* ba frlenJ* 1
janll QL-iiUiia to J. C, and wiitehim to ta?Jc
th« who ei matter up; he nudcr&tands uy
and the offi<xr*,~aa he rald.liavfuc refused to >aiicv«~to tbt Hrrakl m the iifii'of SkQjiarlMxcuso tUU foujf lei er, ami here-
‘ '* - - -- . i hfUT be free to addreas mo upon any tub-
A. No, sir; 1 do cot re member <d gtUuig^ono j J.gct, *nd belle va me,
cent from them. .-u., ?. '4 *>» ‘ Truly, your f lend
| .. iV'*«L ‘ * ’ J H: I Kimuall.
were a* rceiug to run on that Uo*‘
A. 1 do not remember ever have anything to
aav U» Mr. J. C. Kimball aoout iU. a ■ \a .
g. Did liotthepirtloe representing that loan
begin .about the last of Marco. 1874. to tnak • ad-
A. No air; U aras never expected that U would
be used in that war. Gov. Brown talked more
particularly with OoL Lester. He did not talk
mnchtome.aalwaaa yonne lawyer and not
■uppoeed to have much inftaenc* outside. But.
the whole tenor of Gov. Brown* convenation
was that no improper nae waa lobemcfta.af 1L
He simply considered our servicea worth gljKXX
Of couiae he expected ua to am an proper argu
ments to prevent Improper legislation, nut H It
waa had, then to defend tha matter in tha
courts.
g. Did any portion at that money ever go into
the hand* of a member of tha leglalatoro?
A. Not a cant, air. TTT~
g. It was wbolly applied to tha porpiaeeof tha
memberaof the firm?
A. Thetis all the use made ol ft. sfr.
Q- (By Got. Brown.) You have already stated
tha t aayoa were a young lawyer at that time
if Le
and Col Lester waa a distinguished member of
be rendcrea. that my interview waa with him
and tha contract made with him; that lathe re
ceipt he gave me and itia in his own name?
(showing the receipt to witoaw)
A. Yea, sir. that is correct' 1 know that Is his
own hand writing.
Q. CoL Lester says, in a statement that haa
been presented here ro the committee, that I
paid him $500 down and $ouo afterwards; do you
know how that is!
*** books show tixat the entry was made an
the i th of September. I told Col. Lester that my
recollectiou was that at the time you paid thj
first $500 he Just retained it aud no
made, except as to the retainer, and the amount
pdd.
was not nut down until af ar all of it -—-
Q. The entry la on the 7th of September, cor
responding wit? this receipt? ! *
A. Yea, sir.
g This was all that I pai l you?
A. Yes, sir.
JOHN C. HENrBlX. sworn;
Examined by Mr. McDaniel chairman.
0- Were you an officer oi the legialasur
expense
(era railroad, sad that the expense* on this road
were no greater than they were on BUI Holt’s road?
A—l do not recollect. He may have compared
its ef the two roads, as fr fri
th* expense accounts of the two n
eneatijr dene between eoe toad aad
do aqt remember that bo did so.
Q—You do not remember such a conversation?
. g-ufiaT r *Mr. Morrill aav. furthermore, “thev
f°nr t that wo had to spend gWjDOO ou that damned
A—-1 do apt remember of his ever making any
such remark tn my presence.
Mrol’i iftrSi
were allWivoathoM of rebnsarv aud took din
ner together as the Kimball house?
. a—Wo wort; tt waa the day for an annual mat
ing of tho directors; that lath* reason why I re
member. i had a notice lying on u»y (able in
attendee for some weeks previous, notifying wo to
Feepies). Are you one of tho lumers?
gust. 1S72, at which Ume tho resolution was passed?
hUuro at the tlw« you
. _ Jou; there may have
— If am asked the questtontf there wa* a
meetlag of tho lessees la tho summer or 1*72.1 do
not remember. I suppose we had onr regular
quarterly meeting or directors that summer
g—The point la, whether or not the lessees or
board of directors, took auy action tn regard to ex
penses, or what expenses, should be Incurred iu
‘ ling this matter brought before the public?
.—I remember that there was something of that
kind meutioued tn the board, 1 do hot remci
wuat meetiug. aud I think that it was referred, to a
committee, which was to take such action at thev
thought proper or Just iu protecting or defending
“ - - - -iany iu any proper manner, anu^M
j—mtmummmi<wv mu.; uo n ■—||>i pi xml
has been dvad several yean and. if I remember
right, he died in this place (Atlanta,) t '
r month, it Is far better for the people
an to have the railroad In the bands of a
It of men who nse It for aelflih or party
urposea, aa almost ail have done who con-
oiled it in the past.
8o<re lime in Septemb-r, 18712, all trouble
about the lease seeming to have ended,
Gov. Brown settled our fee in fall by
navlncr-firi* five hnnitrsit dshllara tnnro
CCTBBaRT, Gi., Feb 14. 187tS.
. Rcceiveu 5:20 r: a.
To Hbnbt D. ^cDANlkt r s •
VhPp innnnvatilont In *1
Very Inconvenient to 1 leave home. 1
fsvo-ed Ihe lesW oo lhe ground of sla*»
policy from th* time It Waa madetotbe
present. Knowt aothlhg of bribery, or
anythin* resombUog I - and would so testify.
U tLH la aot, satisfactory and you still
Jb eand my presence, tend with the order
the money ,o pay the .expenses of the trip
and I will obey .It. . Answer With great
mpCCt, • v tl dlBixiee Vtst nn
Herbert Pirldeb.
COTHBBBr, Gi .Feb 15, D-78 I
Received at .0:20 a. M. j
To Hob. Hbrbt D. McUanul: -
I send you ihla morning a &wpn\ state
ment. If not sattifactory when ree Ivt-u,
notify uie aad I wIU visit your committee
II pe.soa. . '' Heroeut Firldeb.
xtJ edge King am
a that committee.
Ir. McDsuiei, ch
chairman.) Any one
remember
■n
Jy, but 1 think there ... , _
think they were to act la conjunction with
th* president, mhu fr usually iu such companies ex-
chairman of all. committee*,
g. (By Mr, reeplesj The whole matter was re
ferred to that committee without reference to what
1670.
_ Yea. Mr. I was assistant aecretary of the I la^wmto ^
senate In 1»7U. I a. Ther* wa* no action as to what they should
g. Do you know any member? of the legisla-1 do, as l remember of.
tureof 1*7 J who were also member* of tha lagia | g.^it was leaving the whole matter .In their du-
loSi 1 I S«M »«r recon«aon th.t any report ho.
IwBave. the odd digfricta I m2de by them as to what bad been done?
*-??* Q and the cvcil ooca held OTtr tgl ^ A. lhaye no recoliecUou of any report having
Some of them I would know by the dls-1 been made by them,
trieta and other* I would havu to think of what! W- ti»y Mr. McDaniel, chairman.) Do yoa know
district* they were from. I now, how much money w* " - --
g. Do you know of any money having been * or arti°n of the
paiti, either by the lea
under the that
for their benefit, to any member of the l«^tig- I Q. my Gov. Brown.) When that conversation
lure of 1M70 who held over and was a member of I to °* Ptac«* between you and myself, don't you ru-
.w_s—... . -- I member that X was speaking or the Iwmidaolr —
ho legislature of 1871-2?
A. No.air. Ido not
, Not from Mr. J. G KUabnll. nor turn the
Commercial ware house company?
A. No, sir. not one dime. ,.o
g. Nor from Mr. Scafrnea? . . . i Is'.TtKR W R A -alktor u i. kimball
a. No. Hr; 1 never hasidpf Mr 8«ju.ne|l; ‘ 'Atearta, Oa , March 30, 1874.
j J L" TVER BF” R A Al
who composed the leglslxtureoi 1871-2,1 do not
kniw.
4- DM yon ever he.r of such thlii(1
A. NoibinRdeflnlte Justssyousnd other
B rrsonAlhevebeeid rumors end inalnanUona,
ut I hare never heard any thine of the kind
properly t
: public
i might
pm . _ , ....
have to spend money for the publication of the
facts and to get attorneys?
A. Yes. sir; you saM you thought that It
proper, just, and right that there should be some
medium of giving tne facts aud arguments tn fhVer
of the lease to the country and to every body.
« MR* IWW W tti« tUBHlTJ RUU IU DTCIT BUHJ.
g— dly Mr. Alston). Do you know of $)S,o00hav-
null a lew days ago, and 1 still believe Win to | H L KlMBeU.:
,b ct "w«S(i , l that done alvour own *tig^ftk>n! . 'Wt«r In reply fo mihe of
bccau*e you did uot want tho trgusactkm i under cur© ti) you.* brother, J
known. . C. Kimbvl, was duly received and haa bain
A. No rir. absolutely aad positively U wa», ca'efully «ih1 deliberately considered. I
not. ; f Abauk Vdtr Wr v t'i« frankness with which
Q. Tou say Ujere were no onuramnlcatloas, TOa eipjesk, vuuryiow* as lo the reluttonsa
sr»*art«Mr*-7‘.r—
A. \t*s, sir, there were upon the
getting a loan for me in th© north,
at tne time of the Toombs matter,!
the loan from Mr John E. Ward on, th© faith of, ly iu accord with your views. I was an old
the friendly feeling and confidence felt bv Mr. j * hljr.\ftd while I believe in the ab stract,
Want in Mr. I tt. Avery. Mr. Kimball told — • ... . ...»
uie this when Col Avery was about leaving the
—- -! wmtuaiuw^Mvjiru us in any imuie irans-
h'e 'subject of ! w 0U1 - •’ 4 Ifittor to y.ur head an I
lib Taai was i heart. I bet: leave to reply with the same
r. and ho got 1 fraukn*n» and u state to yon that l am ful*
; that ihe vs holt du y of government Is dls-
SS.7,^S73riSttwhSJTbuTJiri i "*• *• p' *» F«r«j»
Iliad letter keep him on tiint account i ^ property, and leave* all el*e to regulate
g Did uot Mr. U. 1 Kimball rend yon a let- yet this view In the present aitua i >n
t r under ©over to his brotl.er J. G. Kiuihall. j of the country, and e^peeia ly in re f erence
and which letter waa read to yon bv Mr. J. C., to our situation in Geoigia, is wholly im
Kimbatl and nr^jablly retained by aim. pr ciicable and would e op vcr> far short
In Wbidl Mr. U. I Kimball Stated substantially n* A. v»lnn the r*B«»nreeri nf
that he was not able to advance yon the money 5 , rtcV .l P “ . ?!
himself, but that he could get it for you if you this country during the present ceutu y to
HiIU on the agrecsl with him about the policy of "state any reasonable extent,
ct Jnun deposit aid" aud the question of adjustment of these /»«* ud'wtfan, or ewn the
said b <Qdi in ca*e of Mid noo-tii iTT^Ott. In
addition to thfr Mr Khodes tr JkL, JdTo Mr.
Hill as ateui, ffire ice arock atio^HKntlonea
ms additio *al s- runty. And the lVRrSavings
Banc, by J. M, ttitlia. if* exmitod
an obli^atiou arknowit-oging th«L dejx>sit of
iaid miui oi money, aoA reiiting
that it w*s <)e|KMlte<l io inilemnlfy Janos
M. ttdiis, Jonu Neal ami J. T. Smith,
as sureiie* on ilw hcvir.il bones for ap
pearance oi held JUodgeU before tne superior
Court, ol t ult-in County, to answer the indict
ments recited in said (xtade the deposit to re-
iuaiu in bank white the liability on Mid bonds
remained, ro-wu $.'» uu • lor the ii«b lily of each
t>ond, aud the haus bound itself to pnv to Mr.
Hill,or order, tin- iuu rest on the amount deposit
t-d * t the rate ui ©even per cent, per annum the
bank to have thirty daya notice oi demand (or
the principal suui deposited, th© securities
agreeing iuat Mr. Ili.l, should in their no
aud authority as bail, uke all steps deemed
Lecesaary to »eeiire the appearance oi lUndgett
This is the who*e tranaactiou aud ahowm that
neither 1 uor Mr Hill, were gniny ot anything
Improper lu tire transaction. He oid the t«est
could Ui secure tstU for hi* client and a* a
member of onr compauy at the time, douhtic©*
'••It that the company waa secured hy the ot*l
ation of l’ool and tne tcanaier of the io© stock
have detailed the feet* in full that it may ap-
. rihst it does in justice ro Mr. Hill who ia
now abscut, to drag iris uauie U fore the com
mittee, In commuiou with thi* tranaactiou. 1
1 re o am.ex copies of the pipersreiemd u».
iv'A. Ga.. July 1«, 1872.
Whereas. oi Fulton county have be
come sureties on the board of K. K B’odgetr,
the aum of fifteen thousand dolhtrs for the
pcarun c of a*hi hlodgett before the win*-
>r ('curt of said coon ty to ana w r the iudlet-
ment of orauojuries as sptcifi.d in said bond
owners has deposited iu the DolUr tarings
Bauk tor aakl sure ies the sum or fifteen thou-
stud dollars, and raid Mils has made such de-
poslt at my request, iu order to secure the re
lease of said Blodgett on bail. I being a non
resident ol the Sulent (iooigia, and th*relore
net acceptable as such bill.
Now iu oous.deration of the premises, 1
promise ro pay to *ald Benjamin H. Mill, agent
or to his order the said sum of fifteen thou-and
with iu teres t and com*, or so much thereof aa
may tie loal by re.isen of tho non-©pt**ranc“ of
add Illoilgett, and the forfeiture of said Boud
in oouaeqiienec of su»*h non-appesranee.
(Kigucil) jor*.rAN F. Pool.
ihe whole for each
ann'uiUtt under
Atlanta Friday. Feb. 11,1*76, ap m.
The iNunmiltcc re aasemhled pursuant to ad
journment,
li.iv. Brown on the stand . — - - «... K
• j i mv Mr McDaniel, ebru n.) Have you » g i^y Mr. «•» u .
„ ytli 1 ti to-M ti. yuur rt«ti-.n«m w«to in lb. I
M.V ry w uSmElto’rJSn &3PSI ^‘hS^TV.rew’f ... -mi rey re.n
.t.-it,- in sit IkiiylhluK fonluw rxrept It be lo vfc-tlons »re ih»l
ll'-(Bv Mr l*wplra.y Da you know or linve
iiMin ti' lH.lb:vo that any of Ihuee K.ntl. m 'M
ua 4 lh»l m trey im(>nRa*rly to inlliieiitv w.r
action ol lire iceueiol swcmhly-
A—I do not know o- such s Urine nod have
uo rewinm lo 1h.1I. vh II. iu h«cc stronv rewwHi
lo relieve that they r id not 1 believe lust us
! Urey were |whl lor their own labor they iw l
mey lor their own ri’irp
“ ' ‘i ) Tl'« o
qiitfiilons.
Mr MrUan-rl. chm'n — linvmior Ihe com-
mlit.-c have decravd that; oil shall *lve ii|Mh
II,h r. c irl ih<- names anil receipts of the altar
iin whom you paid money duriuc the pe
rt«l InaoDwl about ......
,„,v. mown- V.-ry well, sir bol In supplylo*
these ns — •> ami papers, I desire lo do so under
nruleot and to have my protest reconlcl upon
Ihe minutes of tills luToatiyst on.
• P ROT. ST:
I enter my proieat apalnst the deeiaioti
eoiotni ti* compelling
u->Uy Mr Melhtn el I Have you sent a mes
aue to Mr. Walker since the publication ol the
article In the HemM?
A—No, sir. 1 cannot say that ! sect hint a
message. I saw hi. son here in Hie city an'
asked nim >1 he knew what hie lather wonl
unify to tn this matter. He s-l i no,butth«
he would talk to him and 1 t me know. The
next day be saw me and told m~ what his
father would say. As his lather had been te-
ferred to as a wttneM ol the fact I natnrally
wanted to know what he knew ol it. The son
IO I saw that bis lather old not want to he brought
V.'rhl.hW oMhe atti>nrey?employed by ^£X TO iXrSSttd here^w *“ ‘ U ’ a '
‘ ...... i. no!remnant to the matter, lint what Mr walkerstatrat neie whist. _
... lHH--.ua ■ ll is not n rtlrent to the matter, tint
Mihmtt toll under the order ol the euuimtttee,
and give them as follow.:
Was thUconw.rs.Uon wl'h Mr. Walker or
hia'son?
•P.aclvcd of Joseph >. Hrnwn President Wes-
tern A \ihu» lc Railr ad (Vanp ny. Flvj llon-
dred iHUlare tow.rds a ret j. ing lee in the
....it, r of the lease of said road irom the stale.
•Jambs P BrMMosw.
• Attorney at Iaw."
(?)
• \V,M>KK.k A1I.SSVK- KAII.ItoAD rottrASV, )
• M’rtniMTajinENT s office, >
•-ATLANTA, Oa., Hep*. Id. 1872. )
"Bercive • olJ. K llrowu. President WAA.
ll K Uo.. Five Hundred IMtan In fall pi Ml
amv due as a retaining lee In any litigation
m.y belhnllutodto rat RM*tha
of said road from the State ol Gaorgla against
““ ‘ nd bT “"^S&R P. Biwwomu”
• W.U. Mmp ill. See. and Trewa
-WrarXNN * ATLANTIC HalLRDAD, CO. i
■Omci or TaxAsrr.ra V
Atlanta. Oa Ang, 5th, 1872,)
“Keceiswd >i W. C. Morrill trea urer^ pre
hundred dollars, on sceounr.
(<)
HERBERT FIELDEB •
•Received ol Joseph «. Bmwa. president e*
L- Western Jr Atlantic rsUroadeerapanjr, one
nuHU'd dm tors, tn ful «* haUnt* Vdleo,
— HERBEBT FICLOER."
• itieelv d of Governor Joseph E. Br>wn
i,resident of'ihe Western A Atlantic railroad
...uuiaiiy. cne thousand dollars, in Intiol re-
uinfr and profrarinoal services rendered ©aid
•'ompaiij, tb:* 7lh Sept. ’
tiioaoi N. Lxrrxm,
Attorney-at-Law
(*)
•KC wived of Joseph «• .»«««•• J^ridwt ol
the We.tern A Atlantic rellitmd, iff* huwlred
* attorney fee ” H- B. aPWBT.
With hi* fcon, I did not ace Mr. tt'alkrr
until today.
q. iffy Mr Ataton.) Didn't you send fur
hi* non to comedown and see you.
A- Yes. sir il Mr. Walker had i een in town
would have gone to ac* him an I a>ked Mm
wh .1 be knew anont It and think there would
hae* ts-eo nothingimi roper In my doing i-i,hut
he not uelng nere, I sent lot hia son.
4—(By Mr McDaniel 1 Did you ever make
d.-posit of any money (lVtMorany other sum of
money in tne Do.iais Savings Ba>-k to Jud-mnl
ly the President or enshlevol that bank tor go
log oa the band of E. P. Kodgetl T
A-l did not bat Mr. Hill did as agent for oar
oanpaoy 1 do not know what that has got to
do with this Investigation, however.
Q—At what Here was tt done T -
A. I am really not able to anasrer that,
really do not know the time, should think
— time dating the year 187J Ont 1 dent
waa some dn
4 Waall mad# wiih any view either to cpm-
nenaite him for servtoa lo security the la
Sane moat ol the learn orany thing «o
"a? ^’o, sir I do not re understand It
Q You do not rcmcmtier the month ol tho
of rtpudh
bonds? ’ .... j ti*. is vet v distasteful to a nisjjrifv
A. 1 Mate aha Mutely aud posiuvelythat I nev „t the peop'e of Ot orgla. T. 5*e u’aced on
r,* W iH l i Snt.'Si.'JI'. —in' ihe defensive, to liS^Ail ce 1 IS a sltuaii >n
A. 1 tieeer did. 1 never ^ie Klruhall a | "^re It eveu b.-eodPi oeeevs^to explala
word upon the subject in my life. i ou . r obligations, no «r
Q. 1« Unit letter iu vour tuuul-wrlilng? (ore- accrued, are no*. m*;t, is a s<
sen ting a letter to Mr Atatou.) i true Georgian. T Ispu-aud
A. (After examining ihe lettcj) it is. It, feel this way were Jfctrred
is daroa March jtb. 18r4; the lotri^waa made thrlr opinlous bv t*e t ern
from those parties or the members of th© lease I log b**u put up la the Dollar Baving* bauk to get
coiopany. I £«i. tilodgvu out of Jail?
g Do you know any members ol the lease com-1 A—I don’t know tu*t such deposit wss made.
P«uy,o/anyoneactl5fto? th?“ h.rtSJSirt aV
!!^ , ^!?-5 ,, Y waIUpoa ‘“ e,n, * ro<U,ele * taU ' A-lkSSSTothlngofmyown knowledge. Gov.
tureof lSiO. .... I Brown aald sAtnetlilng to tne in connecttou with tt.
A. 1 do uot think that comes within th© scope I but my recollection u that it wae.a matter for huu
of the authority of that resolution, it don’t I or the committee. . „
come within the oath that I took—It refers tot g-Tbat same committee of which yo« spoke?
corruption of the legislature ol 1871k There- U ‘
lore, under my oath, l cannot anasvev that quea-1 bsnk by Iren complny? U la tUu
***■•_ . . ., ... .,, . , I A—li iaaty rteeUeauoa that semsthlBg was said
Q. Yon have had your attention called to all I about a deposit of inat-kind, but can uot »ay that it
those members wbo held over. Cad I repeat the I waa mad* or where,
question: Do yon know olacy money, directly "PtiJ?
or liuUreetiy,having beenpald to any of them I it? Do ....
the votesinthelegBimnire.arothrewueT I a—1 coaid uot say that I did or that it wait made
A. No. sir. 1 do not know anything Of my own I at oil. Asleay I bad always conadenca Inthsprrw
—— i kU-ntand that he would do what waa Just nu«l
I «*~i wilt saw you ir tt
A. Of ikto I uo.HlinpIy (roin the fact that It doea I the?o~p!Sj“hyUiI : U i2 , 1 l
notcorne under the oath administered to me. 1 *--■ • -—
That rcsolutiou under which yon are acting doea
uot require it The oalo and the subpoena both
state 1«7».
g (By Mr. People*.) Do yon know of an*
money having been paid to members of the g<
In 18
g^lwlllaskyo© if it was referred to asa
expense# brougut uj on
iegiiTatore?
asmaulu made upon it by ihe
J87J,
) him by
g~I>o too know of miT money having been paid
to r oster Blodgttiiu lini-tby the company, or any
one in Us beUrif?
A—No, sir; I have no personal knowledge of such
payment to Mr. ttiodjrett.
g—Have you ever heard of it ft-om officers of the
road or the company?
A—Ity the president,
g— Have yon ever heard of auy p;
the prctiidcnt, or any uue elm ?
A—At what date?
Q—i n 1871 or 1S72?
A—No. sir; I have no.recotlection oi tt. except 1
. -- .. J . understood tiov. Brown to nay Umtlir bad bail tran-
a. No, sir. I do not know anything 1 \ answer | »a« lions with Ulodgett, but i nev.i heard him e»y
to that question. | he bad paid to air. Blodgett money ou account
Q. (Bv Mr Watah) Your answers are confined I *>t the lease- H*^»ald that L 1 had individual
1 traunactloua wlHTbim dating w a for year*, and
had received fronl and let him liivVxJgujncy.
era! usocmbly of 1K70 who were members
el her of the house or aenate?
A. No sir. I ans ter that question that I do
not rcixjllect of auy aud kuow nothiug of tho
sort.
g You were asked if yon knew of any money
paid by the lease* *: do you know of any being
paid by any one else?
didn’t read you this letter? meseuliug another ‘ Alkht. Calm, so^er reason
1 uer:i ! log the sway which they surrendered for
A. (Afterexamining it) I have read these many months
letters 1 thought when you atited me about Your return to Georgia and the disn'fied
this matter that you referred to correspondence good seme that characterize* every move-
aliout uie latu. Tills matter bad cfeapod my JL , .. . hil w r f r
memory, asit occurred near.y t-eveu moUhs. “Si#
b- fore ihe loon. done as much, If rot m >re, than all eise to
g You wrote the one in reply to the other? i rector© the erjullibiium oT public ju ti-e.
A. Yes, sir; 1 wrote ihe one in reply ui ihe j Th'* cry f’‘Uullock bonds” and “iraudulent
o*her, and the only thing about the letters that bondholdt IS” co longer has row r to fright
brings a blush on my cheeks i* that they shois . -n honest man fio:u Bober argument aud
me to have been re intimate with such arm oi the . co 16ldtri „ on of bU ch quesi'ons as al
ly Min, holon, in tk. AhuhJ;. i i tael to each partlcu'arca'e. I> 1s now (ten-
4 DM yon receive tore nev |ffiS {
exclusively to the legislature of 1871 2.
A. That is all that Is required by my oath and I
the resolution you are acting uuder.
Atlrkta, Thussday. Feb. n, i«s.
The romraltt**** met in th* room of the speaker I
of lb* house of representatives, at the capital,
t.'w. COI.E. sworn:
Kxamlm*(l hy Mr. McDaniel, chairman,
g—(’ol. Cole, were yon present at any inectlug of-
•r hdw th y
pill ta ©very
o think and
nexpresflog
Lu* reaction
rd Bullock’s
OW tea*sum- I ihe lease company In*tin
A—I c
RS!y
answer that directly, sir. bnt 1 snp- I the lease;
. ws. , „raa . SOD-
_Ill show. ItiS
, there. If tt was a regular meeting
of the board of director*. 1 am In the habit of at-
nding nil the regular meetings of the board, bot
g-toy Mr. Atatun.) 1 will a*k yon)
the LeatieCompany having sent it. If
* check for f3,UA> to tHinih
when Blodgett advert* * *
that he was gotaig to.e .
doreement oi tlijpute road tc*A
A—No. sir. 1 nave no reC^i
irausactlon. • T
g-(By Julius Brown. Esq./
held ou the 3 tl» iust. calietl or influenced bv auy t
tiontliat the legtalature was going to take ulm
A-i slated that it w i
of Uie Hoad of Dlrerto
s hy 1 remembered the day.
- ! COTtfexiriy Feb. !50i, 1878.
lion. UenFv D. M^Dioli-l, Atlanta
It to note nvenlent oh aeeountof tbe
health and situation of my family for me,
at this time, to vl il Atlanta, I make the
{-Mowing statement :li ■
1 was not peeteni at the session ot Uie
legist .lure when the lease of the autoload
was prov.ded for, and know nothing of
how it was obtained. As soon as the eon
tra*t of lease was pub i*h d I espoused end
advocated It as a- measu'e ol s-ate policy.
Thought then, think now, that tt waa a
good flcaudal arrangement for the atate. -
I vrae open and avowed In my advoc cy
of It, without fee or reward, taked ana
wro’t thro’.-gh the Frees for It. Aa a speci
men of what 1 then did, I appe d an arti
cle preserved irom the Telegraph and Mes
senger, Just before the ass-mhll got the
legfela'ure at which the lease was endorsee.
1 now approved fn ly every argument and
suggestion t ereln c-ntatred, and I am
more firmly convinced ot the oorrectoess
ot my views now, than I wss thin
S I Lever had a doubt that the lease was a
iod financial a:rangemert for the state,
tne lessees can be forced to keep It fu
me twenty jeare, pay the rental and keap
the road in repair as' they have done, i
hive no doubt thbee pf this generation who
Pl.y oe living, will favor tha ex'.eualou ol
tile contract, when it expire*.
I [was an intimate personal friend ef
Joseph E. Brown from early life. We
forth tt a partnership 'to practice law in
Atlanta aBer the War. which wss defeated
by fong protracted sickness, which caused
me to remain in Southern Georgia. This
personal friendship baa remained unim
paired, while we hat* widely diffeied in
polglcal rel Uoas
But it is proper to say thst wslle emi
nent men In Georgia were reta'ned as law-
yerd, to defeat 'he lease, a- d were under-
eto. d to be acting through the legU'at re,
and' hi ease the lease was decllred fraudu
leal; there was expected litlga Ion In lltu
courts to set It aside, I was employed aud
paid a retainer to eefend the lease
My employ ment was. tUletly In accord
sues with my judgment,.and I wbuld hav
refused It otherwise.
1 continued after I was employed, as I
had done before. 10 publicly and privately
defend the lease and advocate the retaining
aud enaor-Ing of it by the slate, lliadwrl-
ten ether articles than the one here submit:
led before 1 was employed a* attorney.
1 waa present a peri of the session of the
supreme court, and a part ot the time with
my wltef-wliowas reektojf health 1 heard
the able debates In both house* on the lease
aud wbntd have been glad to panic;pate In
them I ta ked freely, made suggestion • to
members and lelt a ueep .uteres in the re
sult. The endowment tj l/u Ua r prevent
ed any suit and my ten ices ss a lawyer
were not further required.
I kuow n >tb(ng of any money being paid
Or offered to any member of the legislature
orolllcer o* the government, or ant reward
or Inducement of any kind to affect or In
fluence hie attilon on the subject ol the
lease. 1 neverihaurd an Ini lmalton of a sua
plcton ou tt.* un 11 the publication
that resultei’ appointment of your
committee. ;Mnn acquaintance or friend
In the leglhlaltfre to whom an oiler to bribe
or influence by reward of any kind would
not have been, and In my opinion, tr.aled as
ar Insult.
If tbls statement Is not satisfactory
■ o ity me and 1 will leave my faiui y and
viait , our committee Iu pt-r.on.
T. u y your obedient seivant,
HcKUakT Fielder.
paying-me five hundred doPara more, and
there the matter ended. Gov. Brown
would no doubt concur In thla statement
as to what occn-red between him and
myself, if it Ware submitted to him
Thus l have given you a full statement of
my connection with the railroad lease and
the lessees, and I trust you will pardon me
for adding i that whilst I bay# sometimes
electloppered with legislators In favor of
measures which I thought would benefit
my section n- my friends, or the state, and
whilst I have, as an attorney at law, In a
ew Instances represented prlTate claims
against the atate aud have pressed them
before legislative committees, yet as
a mere lobbylst I have ntver received one
cent from anybody aud never expect to.
With higi reaptet, X am your friend,
Geo. N. Lester,
Georgia, I
Caui-uell col-nit j
Beiore me pe'sona'lv came George ,V.
Lester, wbo, being duly sworn, declares on
o - th, that the statement of facts embod ed
in a communication addressed to Hon. Ty
ler M. Psepies snd signed by deponent, and
written In pencil, aud lelt with Hon David
Irwin on last Sabbath in the city ot At auta,
relative to an interview with Hon. Joseph E.
Brown, Is true and co'rcct and full, accord
ing lo deponent's best recollections and
knowledge.
Geo N Lester.
Bworn to and subscribed before me the
I8ih of February, 187tl.
Uroii Buchanan, J S CC <J.
TUB KKSl-LT.
The Committee, In their report, as pub
lished heretofore, unanlmouily declared
the charges sgalnst the Lessees unfounded,
and the Genera, Assembly uuan mously
adopted the rr port.
0,000 SUBSCRIBERS WANTED
[From the Atlanta Constitution.)
This is one of the most ex
citing years in the history of
Georgia. A Governor is to be
elected, and the canvass grows
intense; a President of the
United States is to be chosen,
and the contest already wax
es tierce ; the news of the for
eign World promises to be un-
usnally thrilling. Every intel
ligent household should have a
daily journal from the State
capital. Proceedings of the
Legislature, all State conven
tions, religious, political, agri
cultural, aud professional, are
reported in full in the Consti
tution. Subscribe to it.
“The Atlanta Constitution.”
t wme time 1 may r
havodoneso.
•ften were tlioscmeetings held?
A—Tney arv ordered 1 believe by the bj-lawsto I
JAMES P. SIMMONS, sworn.
(Kiriiniurdby Mr. McDsuiei, chairman. 1
„ — ...... g—Did you, lu 18*2, receive auy uiouey iroiu th-
be held once every Hire* months. Sometime*, I lease company la conuectlon with tiie endorsement
•ver, they are not held because there ta uo qao* I ot the lease?
present. Whether I was at the Hpeclal meet-1 A—t*erh»p« I had letter state that I did recelv
— • ndertool ‘ * ' _
The great Peoples' Paper and
the Peoples’ Favorite. In city,
town, hamlet, cottage, work
shop, farm, every where. Dou
ble the Circulation of any
Journal in North Georgia, a
generally admitted fact. Treble
the Advertising Patronage,
because merchants know their
interest. The Democratic
Journal of to^Uapital. Dai
ly, per jAunuu. 'iO.CO; weekly,
per anniim, A Magnif
icent Job Offube and Hook-
bindery, unsurpassed in the
State. Everything printed
from a J^ook dJHn to a Poster.
Liberal conj^sbion to local
agents.
W. A. HEMPHILL & CO.,
Publishers.
eferto Ic
i not saj. I un
ok to at-
eiuouey frwiu the president of the lease coiiipa-
•iherrom, monthly or weekly, from
tend to such meeting* regularly. I ay in Uftt. 1 turutvl to iny cash book, after recelv-
g—In 1ST:i did you hold any office connected with 1 lug your subporua, audgol the precise amount aud
“ date.
Id August 7th, 1872, l received from Oot Brown
. _i the rcpresenutlve of the company $3(X», aud on
_ a-i ww denominated general superintendent, I the 3d oi September, 1812,1 received fromOoveruor
„ til V now are, | bul with the distinct understanding, as I under- I Hroeru $30U more. This receipt (showu by Guv.
Kiinl«ll or bv Mr'John r Klnihtil? » otUflit to have a lieiridtr. out as ip*, nobody 1 stood it, with the other officers and the directors. I Brown) waa written by me. The money was paid
a fiSfiJnti* h-A haa i^n hnli jk ana had .i u dm liter iUml m * «>nnection with the company as an officer I me as tt is expressed iu the receipt, and it *ays»as -
A. neirwiufiitly had transactions, borrow- | Has wen DolJ enough, a-ycn n mer V(l ^ ^ rr u-y to regelate through rates I retaining feels any litigation that i — *- •’*—
Ing anti repaying money between ni, that Is (.'Oi. to lose to'’bell t)ic c \t.** There ta t»Uf one , a ud connections wc**tor Chattanooga. I ;o set a»ule the lease by the state ”
Avery who waa manager aid. I wrsv in which thi* mslt^r can be approach- Q--i)ld you have any control over, or knowledge I «nce to the court* and not the legislature, but per-
D:d you ever repay the amounts that ( konr of euiu:eaa J or. ih.-espensc account of the road? ^ I ha;>s it woald be as well to explain the purpose# uf
u t\ Kimball advance i to vou , ea *ltn ©•»▼ poMi tile nope oi euccesa, ana Well. 1 had some general knowledge, bot 1 | it aud the manner in which I wa* approached and
. I think there is SUOdue him yet on needless to gay that, JO%i are the oolv j did not undertake to manage th# detalU. That I what occurred
i ■ man Wring who c in c*0 it. let'h « who ^^™^wiJJ d -^r.ond««ra4U.^T|. I.m«
ivnewttil several time*, and (tdCol. Avery) Mr.
Mr. J (*. Kimball mentioned to me once s »tue
tiring about a piano Col., and complained t<
. Brown aud he
that you had not paid him .
Well, about thi* TVxaa and Pacific rail
nmd matter, era* it not undeiet x»rt that you
to advocate it iu the Herald and du all you
could In the Herald to tha tend?
A. The Herald has always advocated it and I
have always been advocating Hand on# yea-
ago I got « rceolut on Introduced bf Mr Walsh,
aiet pasHcd through the legislature endorsing
Q. Wasn't It a part of toe contract with th#
Uerald that it waa to art roe* te the measure?
A. No. tar. Gen. Walk' rsald to me that we
had alw-ya been with them and he wanted m*
I do ,pot in»iima*c that you should at*e»cp* j wou id b»- :
any appeal < x •ajt to rca e on and just'c**. J tenants; a
spun sa a contract that would be responded to in
y motive power, main- I due time, and that when I called upouUoT. Brown i
inducting transportation and I would get the money,
accouut, lawyers’fees, court costs I 1 do uot remember st whst time, but sometime
I after i agreed to represent the lease company before
Item* In such reports 1 courts, it occurred to me that it would be a service
lymuut of lawyers' fees I to both the company aad the state to call aitraliou
*? * I to the lease througU the press. 1 wrote aa articl
, „ auy particular Item in I which was published tn the G-gsurcrio*. Itwa
In tho mafterof the rceolutfon- before ihe t ©id. It now hi* a cir uilaMon superior 11 th«*-»e reports. I not at the instance of Gov. Brown but onourowi
^.erel | any petrevlIn Gooraia. If I mnM -re money ,
vuppOBL, as an actor ) ©whizI) to run it ten week* wl.bout^ ni> j jj,,,, ( ,f llu .receipts to the excuses? | haps U would.” i drew up the article but tt wa*
and
ATI ASIA. Oa.. July 16,1872
The Dollar Savings Bank hen by acknowledge
the tec iptof fifteen thousand dull arm from Ben
jamin H. Hill, agent, which sutn Is douslM
indemnify ia mew M. Wil is, John Neal and
T. T. Smith as mirttie* on Uie a vcj*1 bmds for
the appearance of M f. Bltslgctt oe.ore the su
perior court of Fulton county, to answer the iu
dictmentfi reviud iu said b-n as. Thla deposit
to remain in bank while the U Witty ou attid
d* remain, that i> five thousaud aollani u r
the liability on each boud. Ih * biuk wilt pay
to Mid 11 ill or It s onler, the interest quarterly
the amonuldcptMuroi al the rate of seven
percent peraunum. The bank to have thirty
day* notice of «k mand for the priudpal sum
d. posited. The mid buritiea egroe tost i
HulahaUuse their name* and autitorllv
b dl in ali steps d <©mt*J iiccvmary to sevurv ihe
appearauce of • id Blodgett
(riignetl) J.M Wiu is. Cashier.
Simmon*
m-ittet?
A. (Tne commit’ce did not penult th# an
time. lean mw *#11 it for ©nnnvhtol«d after?
•wer to t»e recooled 1 ' i me on*, and ![ would have done it but for A—No. *1r, I have
Gov. Brown. 1 d»«1r* then to state to the j mv interest In youn^ f7 ra dy. ^^iJBfyu!ever bra. 1( , u , riMl „ u -r
mittoe that there vraa no contract or agree-1 It U a matt er that I can aiTord to drop. J Morrill ou the subject of Uie expenseuf the road in I contemplated
h 0 ’ to you nlth frankne »wtcn 11 il..t v>-»r' ., _ . , “
concerning ihelr editorial cnlnmnii, b’li .ji r „.; .i,., n . MF ,1,1 . him A—I may have done so, but I do not remember
,nly for the roe <* their general rolumna, and .L h fotora "'Vtivttwm tn the
get
that I have tried to prove by
an edibwand proprietor *
ivu-j nothing impro|icr
ing uioney for tnat ser
.nd 1 only dr.^red to prove by him , i, nw I, Jt thU you are h.irii up I I can rca -
the.' thlcol the profession upon tne |-Wly jvpjaln. I .UVefl wl h nothlne tut. j_, (1o - V o, TrcnUrcwfir cooTrre..l.n tiT.t U
PL .. t lb r tittle property i had end niy credit I ( .prouiiv rrrrrrediow h.vloa taken place In my
An.inti, 0* July 15(h, IA7J
For value reot-lvcd. 1 tranaler ano aaalan to
B njiml i H. Hill.agent, filtern haudivdUiarca
of the capiul Atvck of the Atlanu let- Menu
fa> turi'.g loutpouy. repnacnlcl hy orrtiflciter
of aai t cuuoauy, Son 1 0 and 70, and hereby
authorize J F. Burke. therecrettryofthcooBi.
pony, to make the tranaler on the book, of Uu-
rompaiiy on the app 1 cation of a.id HllL
ISlgUN)
11 pretence of
J Edt.ak 1 IIONIXiN
[The two ceitihc itwolatork corresponding In
WAIJ.ltT. ItUODLS.
numbers and amount* with the description in
the above writing were exhibited to tiie com
milled and by them examined ]
Atlanta, Oa , fiept I th . RoT-
I hereby • ate that the sum uf filteeu thou
auid dolaia on deposit In the Dollar Saving"
Bank nf Atlanta to my cml t aa agent, etc., is
tiie property ol the Wei tern A Atlantic railroad
company, and may at auy Ume be drawn .
them according to tire, contract or deposit, am
for this purpose Ley are at liberty lo nae my
name
(Signed) BtNJ. H. lilLL
p. A. ALSTON,ou theatand.
Cross-examination by Oov. Brown.
4. Dldynu hear the evidenceglveu hyrne in
re erence to tha money paid by me lo certain
newspaper, for malting publication, darUg the
enntroverey about the lean?
A. Yea, air. I have beard the whole olit
4. According to the cue om of Jonrnaliim.
will aak you whether there waa any Improprie
ty In either ol the lepreraatativcs ol thora pa
pers 1 have HHMfonefi recrivtng the money
.lolUr* lor attorney lee
*Mr. McDaniel. Chalnnaad-Were
j aroennt, that yon paid ont ever reported
jNitir company?
_ -erTrir never, except to tbe committee
* n Q^vm7on«*’pl»ln why?
A—Thera mattem. I conrtdered,
with are and tLa other membenof theoem-
miiiee under that reaolTtioo. I, heiug peesl
anoerlnlendent, 'and andltor at
dent,
1.^
anpjtiBtomjtiht^je^ |hp Mpnnto
„. J do not It to a thing that my attention
bas not been called to for rome time.
q. c uld you remember il It waa before or
©Her the ludoreeoeni of th© !«*•« *n
A. 1 rwlly could not fix the time. My Im
rmelon tt that It waa after, 1 do not remember
dates In a matter that I do not charge my Mnlod
*(f* DMnnrannym'mterol tbe I eara Com-
nanv pay Foater rsloigett the aum of ttu.000 er
any other mm ro secure bis Mleoce when Ihe
lenan que'tion came before tbe Legislature (or
ratification ?
A No, air. I did not and I have no knowl-
edae of any other memb r of the company bar
low paid Mr. Blodgett for that parpen.
4. Did you over pay him any Urge aum <» f
H 1 ?'Mr. Blo-gett and I have bad deallnga
which do not bear upon this Issue, in which he
nald money to me ind 1 ro him.
*q (By Mr. Walah.) Mr. Bfodwett w«a not in
the8Utoattbatttme-1nthemmmerol 1*7J?
a I nnderetud that be waa not, I und r-
raand that he lived in Bomb Carolina. Mr.
Blodgett tiF* )•#** eotnmitlee at it*
under the drenmMaanra given by awinmy tax
ttorany? . , • / SI. •. ■
A. 1 can only reply that aa to the impropriety
of It (very maa must judge lor hlmaelL I ray
ll Is unusual and I know of aoeueh
4. Do yon k—weTarry teanaiw vl
paper men have ranraa to receive money lor
making •ucbpublica Uon,?
A I <lo. Tne Hera) 1 haa refitted aa much
35,000 to make inch publications at one Ume
and at another. tiCOO. I have the propralUon
In wilting irom a high official and we refused
lo do it because we did not think it proper and
that too, when we were k> poor we didn’t know
where we were to get the money to p-y our
hands with.
Q allow me. now, since yen have referred
the Herald Che committee wonkl not have let
me oak it otherwlve.i ii the Herald haa not
agreed to take maoey for making publications
In advoev-y ol any great measure where private
l u wrest, art- involved?
A. No Mr. 1 suppose I know what yoa refer
to—yon mean thi* bill ol the Tex** A Pacific
railroad company. I published the bUl aad re
ceived a letter from Oen. J U. Walker, general
agent ol the read, lelllng me not to drew
them Through the bank, bat to send my bill
and they would pay tt. I answered that I had
nothing to conceal about tbe matter and I did
draw on them and get my money.
Didn’t yon receive pay fordoing m*iv than
Q. Didn't yon
-y^pil*T(ng the I
bill?
asked ma about Una nttriUon: "Have yoa entirely
retired from Uie practice ofyonr prolCsalon?" 1 re
plied n> him that I had not: that I had retired from
general practice, but still took special cases,
aodofatood it. aad I I "l will dais that before this money was paid I was
it --- K..r- I, nnwor I u “> "o' *0 nlderstand my relation to the compauy. 1 here sod to the capllol, I mel” '
are interested fend yon here wl'h power | o-ilow waayenr knowledge derived? 1 ’
a-d au'hnritv to carry out in goon faith tbe ; A—From the stati-mrotaof tha officers to the
entcipriae, on which the.; «««**'?» »_•' ’''^.V^X^c^ffi.a.Hreeaumadr? '
b.»seti, and tha ebar^oin public sentiment f X—I think, sir, at every meeting we bad some
frill be a* ra il and as radical as the re- [ statement from the officer*. *
autinn Hint Af.anw/,1 mit^n tf-111 liJf An»« g-W hat would these statement# show? I for tbv dftense of the lease*. I told him they could
ac ion fiat occurred then y U c A—They wouldshow the receipts and expense* I tw had, and he proposed to pay me aretalmug lee,
lei’llaturc ig ro b' elected lu November I of the road. | and if tne caw came up 1 was to have a reasonable
next. Let tlii* cha?ure of MUrilment take g-Would they *how the Itesna of expense? Iter. He asked me what would bea reasonable —
n i... |, an^roach- A—In a eondfused form, they wuuld. I taiuLntffee. i told him he knew about as well l
PH C i i time to oiwafe m this ap.roacn j Q_ w „ |jroll mustrate what yon mean by con-I did. A« asked me if $1,0U0 wa* satisfactory. I aald
rot? legttla*nr«, and my wortl for It f uc I ttr ; deiiM*d furnns? I it was snd he agreed to pay me that.
Ua «© Of Geo-fria will be redeemed from' A—Yes, sir. The statements furnished would I How ionic the contract had been made before the
ravran Un «e M .P. n an Htvl know* ' *bow the earnlnir* from passeuaere, feetxtit and I first money was paid Ido not remember. I looked
even ’ne ©"pearance or wron? 1 mail*. These would be the i-a—*— - ' 1 *-* 1 •- •-
maintenance of way
A. bo sir.
cy.
g Wa* yon an attorney at law or an attorney |
ttet?
V. 1 do not know which—1 am an attoniey'
law. | Ire hie the present eulvcripMon. I would ; all »*f them at>out the buMtae#* of the road.
. ■ ^n afo yon.then. aMmjm ihlnk need noyner. In saying 'his It 1. hut due SSSSSSSSJUH
c rcasou l auppose. whv
I applied to me was beeaum: he knew I
uf that lease. Hr knew that from this circum
8ra*E of Georgia, (
RaNUOLFB COL'NTT. |
in person appeared Herbert Fleidnr,
wbo, on oath, aa t tbu foregoing eta emeu:
1* Hue. ■ i,
Herbert Fielder.
Sworn to aud euha -ribed )
F. bruarj 15 R 1876 )
Jour W. Brogan, J.P.
4 H G'JDIMi TO Ult SPOILED.
s were brought. That la all.
osed the money tor your own pur-
a: 'The legialatnre never got any of It, and that I
air. Iu«eil Tl ln iny own buslm-w
hearing L
yoa remember any sack eonvmatioa?^
. ameiutierof the legtalature
S ' - to the (care I do oot remember H.
oty to lobby la auy ahape
Alatoaj Dldyoueverdo any .crvlce
Atlanta, Ga , Feb. 14.b, 1876.
Uon. Tyler M. Feeple*, Dear Sir:
Judje Irwin de lvered to me a meoage
from you to tbe effect that Gov. J jseph E
Brown in a statement before aeommiuee of
which you are a member, said amongst
other things, that be had paid to me one
thougaod dodara for the- Weatero aud At
lamie railroad compauy, and that you or
your committee de&tred a afa'emeut from
„e ou that subj-ct 1 came here expecting
lo see y u but found that you were absent,
and a* I tin on my war to a court that 1 am
compelled to attend, I adopt thla form ol
communication. 1 do not know what Guv.
Biown't statement was, nor do 1 know
what be said tbe money waa i aid to me for,
but i proceed to tell all 'bat ihero was oris,
lu the raat'er, so far as 1 am concerned.
Of the passage of the law in borizlnc
the lease of the Western & A Inntic rail
road. or the contract of lease, I kuow
nothing whatever, except rebat iceo on tbe
statute book, and tn the printed evidence
taken ty .committeeappointed to luvesti-
i ate the subject and make ieport thereon
to tbe general asitmb y.
After that evidence war’taken and print
ed, and In- subjvc of annul ing or con
tinuing the leave bad become a topic ot
friend popular c inversatlon and newt-p.per dla-
cu-slon, 1 was convinced, af er, a careful
examination of tbe snbj ct that tbe Inter
eat of the pe pie of Geoigla would be best
subserved by maintaining tbe lease. Tela
opinion and Judgment I freely tr pi eased
whenever a proper (ec-aion therefor pre
sented Itself
I bad frequent conversations on the sub
ject with bon Dunlap Scot’, Ron. W. D
Anderson and others, and often gave my
reason for the opinion I entertaiueiL At
thae time I had my law ottlce it] thla piace
wltb Wm. 8. lit nneou, Efq , at my parti er,
■nd inmntlinx tn thn mil ih nf Jmp.
... ... ... ... . .. i »*ir- ■iviim jiniiirnY l uau •u«i mj urui* a wiit-.-iiii v rrier
Infer CUOlUll,fa * ,U *' refu " e ^ W> wc0Td lhe rao It riitrinp it* eariy b^lonlnR ©♦ an ex j vrvwurr.
g I will a»k vou if tbe Scanuell loan was ! .?*'V ! Much remark?
r heard Mr. Morrill make any
A. No. sir; the time has never come for that.
! This wa* a retaining fee and th e liti#ation has never
| cumelopr “** “ * * * *“ w ‘ “ ' "*
g/roy^Gor. Biown) Wa* not tho lttl*:*tlon look
ttuoiiiiffi Mr. H 1 Kimball?
supposo it was. Wnenbe came flown
here and went tnu k north, he waa gone about
two week*, when he telegraphed Inal it w*a
all right and that we could get the money. 1
did not know who he got tie money from, htit
learned nuce that It wa* from the ruiumeiclat
Wanhouae.
Q. You startiNl to state aunielhiitg shout the
ccutennlal; have you auy obj nlouto ftatlo©
shunt vonrgetting money fr m that
, A :. } one aime, nor the prom
ise of a dime from 1*.
Q. Did you not have the promise of $1,000 for
tlon there for btt
$l.ft00 per wick. Thla was all ca*h
debt of oyer twenty ee?en thong nd dollar |
r $J7 007) acciimolated, and most of this;
debt on c©U
’Vhen we wi re recrsrflfd as hopoles*ly In
solvent, I had r;-*t aud luda'ffercc. I corn-
mencetl to make morey and p*yoff. 1
have paid rfl nearly $17,000 ard bonded
six thousand. Tlu* remainder of ah ^ut two
to three thoutand dol ara tt in small sum*
that bare been Mietf in juftice’a conrts aid
are presslnr toe to the wall I want mv
paper ou *bl ty flatfi. rTf-n when It Is rffer-
ed, for I will not promise roorej w ben I see
no e rtalnty of *ome w*y to pay It.
must htvo help, and that soon, or I can-
P't see h >w I cm lonirar recipe bavin?
my paper advertised: Once done, and the
good w ills fetloufly affected
Now IV the time that I reed thi* help
more than I ever can rorgaln I do not
pltid f orjt on my c wn acconn*, a* 1 re
marked previously. I cav **H an interest
for enooKh to relieve me, but I do not de
alre to do this: bes'des I have a rplendld
plantation to which I can tetarn and live
tn case.
If 1 had ten thousand dol'ar* I c^uld eo
oat fn tb© country and collect It in auhacrlp
lions in a abort time.
Answer as soon as von ran, snd let me
, B»no»»w that I aai not«tiling for tbe while world
getting Mr. Bd Meteor a pcaitlon thci
beenwloou, orsometblngof theaort?
A. That wa* a dlflbtent matter. Mr Mercer
pr-xnlred me to give SM (I.OIQ to get him the
pjaltion. aurt I went on with btm and nldao
and 1 applied the money for the Herald, a* 1
eonaidriwl I had used my time which waa due
toil fertile purpose.
R. A. ALatos.
Col. AVERY re-called.
Examined by (io*. Brown,
g. Wer© yon running tb© Herald iu March
H 4?
A. I did not oomc in, I think, until Ih) acth
of April. 1b74.
Q Wasn’t the Scannel loan obtained through
the influence of Mr. H. I Kimball?
1 think It w«a. I remember that he bad
with - -
»*u for on Uie part uf the state to *<t aatila the
. Nu.'sir. 1 donotrcic«mber of his evarhavhm I lease?
made anv such remark to ice. 1 * 1 *
knuw the fact that l large sum o
i aud i
*omething to do with it. bat as to the corres
pondence between Mr. Kimball and Col. Alston.
I knew nothing of.
n v hi
.. - la ye
lonev had been paid out to lawyer* aud newsp.
•er* in connection with this matter? f
A—All that I know aboai that 1 heard from Oov
Brown. •
g-At what time?
A—He spoke to me about It some time ago. Ill
mar have been about the date yoa are speaking of, I
hut I rould not say that it was. It waa to me rath-
— indefinite, lie said somrthlnjffio tbe effect that.
e would resist in the court* ofU4H>rgta,Trnues*v<
in order to have the lease properly rep.esented be
fore the nnbtlc, “we may hare to spend some
money in that way," or he may have said M I will
spend s«*ra»
If the sum
e may
ty for a
»mentioned 1
Atlanta, Friday, Feb. 1$, 1876 )
Camtol, ats e. m. /
The committee met pursuant to adjourn
menu
Cer it. ~ ■ I g. Where did you reside la 187A
g-Did you approve of the expense?^ I A in Atlanta*
s^tTTh^SrJ'iiSS' ESS W- pre5Jr .H-Werayon^ ^Umertootjh. ra-lou. o
thr l«re *hofo4 be mad, the legttUtureol 187J 2M».pectttor
APPENDIX. - . ;» kV
LETTER CV n I KI.RALL TO n l AUm*.
Nrvt-'S, Mass,March7,1874.
B A. Aumi B*qt * - ’ - t
My Dear S-r -Tour letter of tbe *th wRb
.tatementa from yonr manager ns atated, fc
ju«t at hand, and I batten to reply. I eyra
p ithlra wltb yon lolly and If ft waa In my
power I certainly would re .pood to your
call. I believe what joa rat, and fe-1 (hat
y-u are my friend aad would aland by me
perao-alty to tbe bitter end, tbrr-fore If It
wae hi my power 1 wou’d readily a**lat
vou, but the fact la tbat I have been work
ing very hard to ettablub n buaine-a here,
tbat would within a few yean yield an in
cline for my family, and atani goal did
without mean* t la aa you ean undentm-d
a bard atruggle Terre.err, I nm power
leu to aid you, except pnaalbly 1 may do *o
through filend* Should I return to Geor
gta I should bn very much pi aaed to have
tbe mo-al *ut>port of >ucb aetrong paper a*
tbe “li-ra d,” and while you might be pet-
eon ally frlenllyyiu might not agree with
me la 'be poll -y I por-ued. If therefore, I
am to make any effort with mj friend* In
your behalf, I tbirk wa .moat flnt under
stand Jut bow each other atand* on impor-
lapt quer lot * which woald bp very likely.
tiling for
to ree. Whoa I take a position, I do «o de-
Rbtttehr, did *m alway* er title g to abide
Tour* very truly
feigned) , R. A. Alstov.
F. 8 —I am solicited bv q tie n numbe-
of-mv friend*’ tt■ thll dfstrlet to' run for
congees*. I feel very sure of bring able to
make the trip, but I nm u-declded in view
o f the p reens wh'lh>r to make the effort
tor eocgr ss or whether I could not be of
more service to my state by going to tbe
legislature. Y jura,
(Signed)' K. A. A.
Atlanta, W ednxsoa y. Feb. le. 187S. \
CarrroL. AT.Tr. a /
Tbe caanmlUee met porauant to adjourunu-uL
Wm. S. THOMSON’, .worn:
Examined br Mr. McDaniel, chairman.
f}. Have mu ever rwceiradany money from Ibe
Western A Atlantic railroad company in cunuec-
don with tire pareags of a resolution throneb tbe
lc^rhitare of tpn,To endoree tire lease!
* * -.... Dreiu-n nalrl Ina Siren nf V mala
Ion slioutU be beard.
Q-Dlfi you ever make any Inquiry afterwards as .
> how much they did spend? I Q. Do von know anything of your own know!
. n f v «* r did. that l itMncmber. I or to© luformalion of otoen, of the use of
fcVdidSSXJiihow^bSSi lSaT n,? S2yoo«yer otner thing of vain© by the k«ee©
g-UId yoa have an Idea of how much was spent? I to procure the endorsement of the kaae by tbe
A—1 ean not say that 1 h*d. I left aoch matters I 1« gttiature?
to the officers here Just as the directors leave such I a. 1 do not.
.— - —o do yon know of money having been paid to
ten who were members of that legislature by
matters to ntc at Nashville. I felt, that the prcsl-1
dent would do what was Just and right.
the company were awai
tug os«d in that way?
A—1 cannot say what
Q— Do you know whether the
way appear lo the reports aa having heel
A-I suppose they do, as with the other
If paid at all. _ .
Q- Would the aamea of the psrsora who received
been so used?
ny to procure the endorsement of the lease?
g! You were connected with th© legislature of
1B7VT
A. Yea, «Ir.
Q. lo what capacity?
A. Secretary of the senate.
m money appear? 1 A. Bocretaryot toe senate.
A—That fr hot usoal in reporting to the board of | Q. Do yoa remember the names of the mam*
^•were ,n tAtapUroErett. m. Urn. U. 01 **
with my official relation* with Waatern A Atlantic I aak.
A. WelL ldo not know tbat I conld dcrignat*
ibenoflSTl-Z. I know tbeUitofUfo.
thaw about whom you
and tteorgla railroads*
-- , _ _ ... , q‘. look over there name*. If you ple*re.
q-\ ou Know aotiiw of anyegortato lnflaera*] Z 1 reoognlie tbera MtiM name* of tbe waa-
members of the lvglelstare tn their votes upon that I * oraQ t
at all.air. | 4- Doytmknow ol any money batting bran
measnre?
g_ You say 'yon'b*v© no recollection of ever I P©W to item by penona Interested in ». curing
having any conversation with Mr. Morrill or Mr. I tfcepaaaveof areeolutioo endorfrn* th©lea#3,to
fr alker. In which the amonnt of expense that bad I Influence their action on that question?
been brought on the company by the legislature I s I do not, sir.
was mentioned? . I o* Do von know «» -a., v . „. I U1UC1 .
wnoweeUeetloaof any conversation of w J^^ea you have talked over ever having
Col. Cole, when was the | received anjr money to influence their votes
the kind.
4-Uty Mr. Alston)
last time that yon were tn Atlanta?
A—The hi of Febraary- 1 do not think I bare
bee* here since. I know I wa* here tbat d»y. a* It
tbat resolution?
A. No. tin ldo not
q. Then I understand yon to say that yon
A. Gw. Brown ptid the firm or Leater A Thom
son SI Qti lie retained us lor the purpose of de
fending the toast and also expected ns I pre
sane, to tu*onr legal knowledge In eonrinclng
any member of the leg ala taro of tne prairie ty
of sotialulng tbe lease, uor. Brown aald that It
wsk ira (Mention of Ibe company, If certain lee-
hlatfonoccurred, toflgbtitln the eoartg We
Rare retained for the whole pnypaae. and for
ibl^t we were paid flJKW. aa a retdolng foe
urru HCIT *iuir. a au"" a *e m uuc wm U./.OS U I II. loea I miucracilll JW (W ra»I HIM JUU
was the day for a meeting of the directors of the I potM n g connected with this inquiry?
^lXf-'t yon leave her, oath, err ntc* of th. | Nothin* whatever ol my own tnowl-
i,h . 4. (By Mr. DnBoee.) Do you know anything
from ih© admissions oi Gov. Brown, or ©ay accn
4 th.
A—No. X was here at the time X say. The third
waa on Thursday, the day of tbe meeting of the I from the aomumoosot uot. mown.orany mem
bosr l. My recoUecilpn fr that I left here on the I berofth© lease company, or airy person connect-
J «>lock train Thursday evening, ihe W of Fata I ^ with the legislature«. 11871-laitto money hnv-
^Didn’t you and Mr. Walters. Mr. I T «aarra»p AM .
ftrlStt. n Mr bd "SISS - k^.Mm^e^U^TwiS'rr^
er at the Kimball boose on v hander; the day that I beard *n the shape d general rumor*,
th© resolution was pending here ta the legtalatnre? I n (By Mr, Feeple*.) You do BQt know any-
^-ito^remcSKraboatik. reroitmoii. bat I tbfo* from your own kuow*d*e or (ha gdmtt-
j ^•No^-r^ureredly not from Pvrfrm
'PH?*.
and lOraettme in tbe mo.in of June. 187!i
Gov Brown ra led In our office, anil naked
me If I bad read tbe evidence taken by tbe
committee relative to f aud In obtsiuing
tbe lease, or In the pas* tge of the law au
thorizing it. I replied tbat I had read it
caret l!y. He then asked me what I
thought of It, and I answered that whilst
there were some things In some portlone
I the testimony that I did not understand
clearly, yet I believed that tbe lease ought
io stand aud that If I were a member of the
legislature I wbuld not hesitate to vote
against annulling it. 1 further told him
that lit d frequently exp eased myself to
■he tame effect to member* of the legisla
ture aid other c titans. Governor Brown,
alter expressing his gratification tbat such
wer my convictions, went on to speak of
ihe manner tn which tne lease had been
a*, tiled by some, and the injustice that bad
been done to the leasees uy the charges
sgalnst them and wound up by saying that
tbe right of the atate- to amend aud set
aai le .be contract would be contested b-.lh
b-fore the legislature and the courts, aud
that be desired to secure Ihe servlet-* of
our firm *u behalf of lbs- company, 1 and
banded n.e, If 1 remember rightly, live
hundred dollars is a retainer, which 1 ac
cepted.
1 continued the course I had been pur
suing, before Governor Brown spoke to me,
and when asked upon tbe subject of the
lease, or whan It was ihe topic of conver
sation, 1 freely • owed my opinion tbat
the les’e ought to stand, and 'gave
my reason therafor.’.both *o legisla
tors and citirens. I ex- acted fceavy litiga
tion < bout the letgfly either from tbe state,
if.the cogunU-qe’e repprtthpttid be adopt
ed, or from the other computes who were
claiming that their bids were improperly
*»jccp a. | iflt uva'r*'* wtiia *- —
1 did not bract or Improperly approach
any member of the leglaia'u e upm tbe
snnject. I did not coot Wer my olf cm
ployed to do what is termed lobbying, be
cause tbe money paid to me I deem-d a
professional retainer and It went Into the
funda of the law firm of Lester A Thomson
sa such. I certainly did not divide ourfee
with any member.uf the'leg's}.turn or any
one else, and 1 will here odd that if Gov.
Brown paid me the money he did In con
sideration that l should 00 the work of a
lobbyist, be ought to ham tt back, be
cause 1 did not perform tbat sort
of work, nor did be ex ct such work from
oie. It Is very true that I talked a good
dealabout tbe lr* e, and talked In favor of
tbe lease, but not a wSIt more actively then
I had done before Gov, Brown sa'd a word
to me upon the subject. Those who know
me ere aware of the fact that j am Ret
given t« hiding my opinion' opou any sub
J ct, end 1 did not goaceal them uppn the
eubjept of this lease- f be. (eyed then, and
I believe now, that eo long tt the state ctn
iccplve, without expense or tionhle to her,
; rental of twentf-fT* tMttiWl dpUtn
The Dub uque Telegraph.
When ti e theatre at the Atheneum
closed, Saturday night and tho audience
were dispersing, a commotion occurred
id the hall near the door. Two tneu
were watching as the crowd passed out.
Suddenly one of them seized n young
man and lady, while the other elbowed
bis way to tne stairs and called a police
man from below. Thus arrested, the
two young persons were marcued off to
the residence ol the sheriff and tbe four
went in.
It seems that an elopement had come
to grief, and stern relatives, aided by the
machinery of law, were about to attempt
to remedy what they considered an im
propriety to say tbe least. Tuo ascer
tained history of the nmiteris as follows:
Mr. Moore is tho owner of a line large
farm at Hanover, ten miles from Galena,
aud bus tilled tne same with thrift ana
success. A young man named George
Harris has dwelt with him as Jacob did
with Laban, as far aa faithful service
went, but here tbe comparison ends.
Instead of two daughters which were
ready to be forced upon him, Mr. Moore
was not willing to let him have one, not
withstanding Miss Katie and the partial
Jacob clave unto each other in tbe sim
plicity of love and purity of affection.
Old folks and young people do not, and
often cannot, thiDk and see nuke. th>
Katie and George found no focus to thc-ir
vision when they attempted tbe horo
scope of the future through the old man’s
spectacles. This did not suit them, and
they essayed crossing wbat was intended
o be tho Rubicon of matrimony.
On Friday night last tbe young lady
attended singing school. When over,
George drove her in a buggy to Gulena,
and placed her in safety for the Dight In
a first-class hotel. Next morning he
was on hand, and by 0 o'clock hail pro
cured a marriage license, it a said by
testifying tbat she was ID y-ars old,
whereas her father says she is hut 16.
Before « minister they appeared nod
were married. From G Jena they came
to Dunleiib, and sending tbe buggy back,
crossed over to Dubuqe ou the noon
train. Putting up al the new Jefferson
house, on Clay street, after dinner they
amused themselves bv taking in the me
tropolis of Iowa, particularly its floe
Main street. Tickets and reserved seats
were obtained for Aiken’s play of “The
Ticket-of-L* ave Man,” ut tbe Alheneuin,
Thither they went after supper and en
joyed themselves to its close, intending
to spend the Dight at tbe hotel, and next
day proceed westward to visit a ic.ative.
Wlthia the Alheaeum hall, however, the
catastrophe came os stated.
Boon after the arrest the five persons
mentioned were in Sheriff Ferring’s par
lor, namely, tbe surprised couple, an un
cle. the lather, and policeman Hall.
There was now opportunity for consul
tations and decisions as to what would
be done. The father's foot was down,
and he soon decided that he would take
his daughter, and leave George to be
sent for and prosecuted on a charge of
falsely testifying. The uncle, father, and
daughter then left, and registered
for the night at the Key City house. By
this time the marshal informed Mr.
Moore tbat he was not willing to hold
George unless an information was filed
against him. To do this the residence
oi Justice Grisworld was sought, tbe gen
tleman aroused, and a court extempo
rized in hia parlor, while before him
were tbe n arsbal, the two brothers,
and George, who had also been brought
along. 1 he information was duly given,
and the prisoner directed to be re com
mitted. Though near the midnight hour,
the duties of the court were not yet com
pleted. Justice in all of its aspects must
ever hold swsy. On the route to Air.
Grisworld's new court-room. Mr. Moore
and George engaged in an angry discus
sion, and to tome derogatory epithet and
assertion ot the former, tbe latter^ re-
tuned answer that he was a liar. Upon
this George was struck. For the offense,
Mr. Moore on the information of the
marshal, was convicted of an assault acd
battery, assessed in tbe sum of $7 fine
and cotta.
Sunday morning tbe three lllinolalfin
relatives crossed the river about 0 o’loc-k,
and returned home in a carriage. Mean
while George U enjoying an ooforturUo
honeymoon, end a maiden langnbhM
from ha* lavm • 7
•way froia b«r loyer