Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1855-02-01
The Railroad Controversy
LETTER FROM MR.. HAZARD.
JLe E,};Ioy of fbe Io,,rpoI.

To The Editor Of The Journal:
!, On the 18th inst, you pabished state
ment signed and sworn to by Nr. Mellow
an, prefixing some comments of your own
calumnatory OF me. nov send you the
Ger ifrates Of +. Smith, ESQ, and Mr..
Luke Clarke, and letters of Hon. Samuel
Rodman and Mr. Charles Alien, most con-
clusively showing that the affidavit Of Mr..
McGowan Is false in every essential partic-
ular,and leave it to you to adopt such course
in regard TO them, as your own sense II JUS
tice or expediency may dictate.
Certificate of J. l.. English, ESQ.,, is in
substance that early in November last, he
was applied to by Mr.. Hazard to take an
affidavit, and expected to do so, but the afli-
ant not appearing at the appointed time, 9TH
er engagements interfe,ed, and he inlroduc-
ed to Mr.. H., +. Smith, ESQ.,, formerly a
sidered to be perfectly competent, and a fair
and honorable man, and who, though retir-
! ed from practice, at the solicitation of Mr..
] English, consented to attend to the matter
in his stead.
Certificate Of Frederick Smih, Esq.
On the 9th of November last, Mr.. Jas.
l.. English, counsel lor-at-law, introduced
| me 10 X. G. Hazard, and requested me to
take an affidavit for him, as he, Mr.. Eng.
llsh, had an engagement and could not at
tend to 1t that evening, and MIR. Hazard
wanted to leave in the morning. After
making some objections that was not then
a magistrate, Mr.. English replied, Mr.. Haz-
ard could take the person to Mr.. Dexter's
house to make oath to it, consented to as
sist IN taking it. After waiting awhile at
| the Pearl street House for Mr.. McGowan
| to cOme in, we went To MIR. McGowan's
house; when, in conversation, said Nc
Gowan clearly and distinctly stated the
facts which are set forth in his certificate
incorporated in the published report of the
committee of South kingstown. Most OF
that statement he made several times over,
ahd when wrote it down did it deliber-
ately and at his diclation, repeating the
words to him before | wrote them down,
and altering the form Of expression as he
requested. He appeared to be very eau
tous, and several times expressed his al
prehenson that the officers of the road
might blame him for giving certificate, Ut
said they ought not to, as it was all true
and they must know it. He several times
stat d he had told Mr.. Hazard il made no
difference whether he went through the
night he bougm the ticket or some other
time, and also that the putting OF Mr.. Haz-
ard out of the cars for the reason his ticket
was not bought OH that day was wrong aud
contrary TO what had been the practice on
the road. took this certificate OF Mr. Nc
Gowan with the same care | would deem
proper in taking deposition to be used on
trial and with the expectation that it was
To b, sworn to before magistrate, and Mr..
McGowan said he would depose to il the
next day it necessary, and after it was writ
ten read IL over TO him slowly and dis
tinctly before he signed it, Mr.. MCGOWAN
objected to going ont that evening to make
oath to the certificate, alleging he was not
very well; but understood from him he
had been out about some business during
the day. lie convcrsed readily and freely,
and should not have suspected that he
was indsposed from hrs conversation. Mr..
McGowan requested that some things he
had stated in conversation should be exclu.
ded from the certificate, saying he did not
deem them necessary and might give offence
to the officers OF the road, and everything he
objected to was strictly excluded in making
his certificate. have been absent from
Boston during the last week, and on my
arrival home last evening, found MIR. HaZ-
ard here waiting my return. | Immediate
ly went with him to the house Of Mr. Me.
Gowan to see him, but only learned from
woman who came to the door and who
manifested much interest in Mr.. Meow
ans connection with this matter, that Mr.
MCGOWAN, at the request of the rail road
company, had been called to Providence
last week and again that evening, ard that
hc was in very great trouble with them
about the certificate he gave.
Signed, F. SMITH.
Boston, Jan. 81, 1855.
Certificate of Mr.. Luke Clarke.
was at the Boston depot of Boston and
Providence road on the evening of Novem-
ber 9Th. AS went to the ticket office /
saw Dir. Hazard getting ticket.
heard the man who sold the tickets say to
him, am always willing to do what is
right, that paper is all true and nobody has
right to find fault with me for giving il.
Signed, LUKE CLARKE.
Witness, GILES A. CLARKE.
ooulh iAu!gstoWl, Jan. lOtIl, 1000.
Letter from Charles Allen, Esq.
II. G. HAZARD, ESQ. ... r..
Dear Sir: On returning from New York
on Saturday morning last, my attention was
called TO statement made by Mr.. Nc
GoNan, the ticket master Of the Boston and
Providence Railroad, published in the Jour-
mai tay or two previous, denying in sub
stance the correctness of the certificate he
had given you, and representing that he
was deceived and imposed upon at the time
it was obtained. cannot let such false
statements, as this appears to be, pass 10
the public without exposing the duplicity of
this ticket master, McGowan, who was in
the cars OF the Slonington Railroad some
few weeks since, and occupied seat next
in rear OF the one where sat, you occupy.
ing seat with me u part Of the time. The
conversation was upon the certificate he
had previously given you and your expul-
sion fnm the cars by the railroad company
on through ticket he had sold you for
New York. He, in the most decided ond
strong language, insisted that the railroad
company should have passed you over the
road any day you pleased, and that he had
| frequently sold such tickets to be used when
the parties wanted to stop on the way, aud
that il was common so to do. Ii was OBJ
vious from the whole tenor of his conversa-
ton that he had given you a certificate that
he had sold you such tickets, and appeared
to have taken 10 himself some credit for in
dependence in 70 doing, and said il made no