The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-10-16

! WV 14W Uuy " otpNHOT, loO1, OtfUttH
the hours of 6 4. M. and 6 p. NJ, 10 be
read as enidenoe on behalf of John l..
Johnson and Others, in a certain Sait in
equity depending in the Circuit Court of
CabeH County, Therein the Board Of
+ Public FORKS is Plaintiff, and The said
John L. Johnson and Others are Defend
| ants. ".. ..
Present-T. B. Kline, one of the coun-
sci for defendant, and James II. Fergu-
son for plaintiff.
The parties appeared, and at the re-
quest of the iritaess, John S. Uitcher, and
! BY consent, the taking of the deposition
is adjourned until Monday next, (the
10th inst.)
September 16, 1867.
| Present-Same attorneys as before.
John s. Witcher being duly sworn,
deposeth and saith as follows, among
other things. .... 49,
! 4th Question by counsel:
From your knowledge and informa-
tion concerning the same (Guyandotte
bridge) would it be to the interest of
the State to sell it, either at public or
| private salei
Answer-I do not know. l only heard
man Captain PRICE, say after l ar
rived in Wheeling that he would give
one thousand dollars for the States in
terest in the bridge. -,
In answer to 9th question:
have no recollection of ever seeing
the bill (Senate Bill Nc. .12) and know
nothing about its contents except what
l have heard men say. My understand
ing was that the State was to relinquish
her interest in the Bridge to WIN. o..
Wright, b. d. McGinnis, and j. II. Hy-
sell, upon condition that they paid off
the indebtedness and keptthe Bridge
in repair.
In answer to the 9th question:
| understood that the Bridge Com
pany had reported an Indebtedness of
| two thousand five hundred dollars.
9TH Questionable you advocate the
passage of said bill by the Legislature :
Answer-I did, from the fact that
had learned that the Bridge Company,
in their report to the Board of Public
Works, said there was large amount
of Indebtedness against the Bridge, and
that it would take something like two
thousand dollars to put the same in re-
pair; that it was q grievance to them
to pay the Indebtedness and keep the
same in repair, and, further, that Will
liam Ii. Hagan and Others, whose names
l do not recollect, of the stockholders,
had stated their intention to petition
the Legislature to transfer the States
interest in the Bridge to the private
stockholders therein. l also learned
that the stockholders had spoken to
Colonel Ferguson to assist i'll the pas
sage of said bill. | learned this from
b. ID. McGinnis.
Sth Questionable you know of a
written contract between B. ID. McGln-
mis-, j. H. Hysell and William o. Wright
and others in regard to that Bridge, II
said Senate Bill should become law
what was the contract, who we're the
parties to it, where is it now. and when
was il made
Auswer-I do know of u written con-
tract in regard to the Bridge, but do not
kRow that there ras such a condition IN
| relation 10 the passage Of The bill. The
parties to it were, as far as | can recol-
Iect, B. ID. McGinnis, William o. Wright,
j. ii. Hysell, and myself. So far as l
know no member of either branch OF
the Legislature signed or was knowing
to the said written contract. On my
way to Wheeling, about the first of
February last, / called at the house OF
b. ID. McGinnis, in the town of Guyan-
dotte, to learn the news from Wheeling,
said McGinnis having just returned
from there. | either found William ..
Wright and j. Ii. Hysell at his house or
they called there shortly after | did, l
don't recollect which. One of the party
told me that Senate Bill No. II, referred
to. had passed the Senate and was on
it's second reading, or had been read
second time in the House, when McGin-
mis- left and they had no doubt that the
bill before that time had become law.
They said that this bill transferred to
them the States interest in said bridge
upon the condition that they paid of
! the Indebtedness of the bridge and
should put and keep the same in repa ir.
One of the party then suggested to me
that as there was large amount OF
indebtedness against the bridge and
that it would cost about two thousand
dollars to put it in repair, that they would
take me in as q partner upon the condl-
tion that would pay my proportion OF
the Indebtedness and the amount to put
and keep the same in repair, or any ex-
pense or debts that might thereafter
accrue upon the said bridge. The above
is the contract in substance, rs recol-
lect il, then and at that time entered
into. That was the first time | had
ever heard of ary such bill or propo-
sition and / went into it sapposing that
the bill had become a law. don't knoc
rhere the contract is.
Ouestion-When you returned to
Wheeling, had the bill been disposed of
by the House of Delegatesi
| Apswer-It had not, and do not re-
collect when final action was taken
upon it.
en- of abovef.
Question: suppose it is sOmerhere
amopg mn papers or IL may be lost, as lost
some of my papers since it was given to
me.
In answer to another question rs to
who we're appointed directors on the
part of the State.
think they are VIM. U. Wright. j.
II. Hvsell and VIM. +. Dussenberry.
Ouestion-Were there any other par
ties TO have an lnVeresb III tue DtiuSe
besides those mentioned in the agree
mentI
Answer-Not that recOltect Of.
Ouestion-Did you know anything of
the claim against the Government, or
was any claim of thekind mentioned
Answer-I did not knor anything OF such
claim, and have no recollection of hear
| ing il mentioned.
The above is substantially the evil
dence of John s. Witoher, (Secretary Of
Stdte), given at the time and place men
toned above. 80. --..-<r.. vr.f.Eea
September 23d, 1867:
J. Fl. Hysell being sworn, says:
1st. Question--Did you know any
thing of the written contract spoken of
by John S. Witcher in his deposition,
in relation to the Guyandotte Bridge!
if so, state all you know about it.
Answer-I 60. There was a contract
between John S. Witcher, b. ID. McGin-
mis-, william o. Wright and myself, the
substance of which was: That we were
to be equal partners in any expense or
| Lu-o6t That MIGHT accrue from the Das-