The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-01-05
Mr.. ROBERTS 1s NOT GUILTY.


Mr.. James B. Stewart, through his agent.
sold this road, and finding afterwards that
he could do a little better, took legal steps
to stop the sale. The judges decided against
him in the United States Circuit
Court, and the Alexandra County Court,
and l don't know that he isn't here TO-
night--that he isn't the person who fur
nished Mr.. Kelly with the resolution.
Stewart had tried violence, and attempted
to wrest one of the books from party, and
in the struggle torn out some Of the leaves.
There are 100 hands now on the road, and
it will be built, perhaps, in one year. All
, Mr.. Roberts and his associates have done
has been done in good faith. 3F
MIR. Wood thought the opposing counsel
should offer rebutting testimony to that al
ready introduced by the company. The de.
posit Of 900 should be rebutted. It is
unfair to say that the Legislature of Vir-
ginia is the accuser of this company. The
accuser is the gentleman from Spotsylvania
(Mr. Kelly.
Mr.. K. r. Daniel.-To come back to the
original question about the privilege OF eX-
amining the books, we contend we have
the right to examine the witness by these
books and if we have not that right, then
we have no rights here at all.
The committee then voted, with only
two dissenting voices, that
THE BOOKS ARE OPEN FOR EXAMINATION.
! MIR. Wood moved that, at this state Of the
proceedings, Mr.. Kelly be requested to
give him the names Of the parties giving
him the information upon which his reso-
luton was based.
Mr.. Thurman thought this most extra
ordinary proceeding. We are asked to stop
| an investigation that member of the Legis-
lature might be compelled to give the names
Of the parties who gave him information
upon which he based charges made upon the
floor of the House of Delegates, but which
were not inserted in the resolution of in
quiry at all. The gentleman asks us to 60
behind the resolution Of inquiry-still
more to rebuke the Legislature for adopt
ing it without giving US authority to carry
it on precisely as we think proper. Sup
who gave him information?
Mr.. Wood.-Then would commit him
for contempt in not answering this COM
mttee.
| Dir. Woods motion was defeated, re-
ceiving only one vote.
| Mr. johnson, resuming his evidence, said
he had paid the balance in his hands as
treasurer Of the commissioners over to Mr..
Hyke, the treasurer Of the company. This
amount required by the Code, $1,000, was
paid into my hands. The signatures of my
name on the books as President pro tenn.
are genuine. IA mortgage to secure loan
issued the company was identified by the
witness.] The President issued $4,000
worth of the bonds secured by the mort
gage.
CroSs-examined by Mr.. Ould.-The COM
pany was organized October %, 1866, and
the company was chartered in February,
1864. The commissioners were Lewis Nc
Kenzie, Underwood, and myself, who were
in my office. The subscription book was a
sheet Of feolscap with cover on it, and
was in the hands of the commissioners. The
subscription of g a share was paid to me
on 1000 shares. The charter provided that
| 10 per cent. on each share should be paid,
| but did not notice that. I thought it was
81 per share until about the time BOdtiSh,
. Mills & Co. took the contract. Only the 8
per share was paid to me-S4, 900, all in one
check, handed to me by Jos. B. Stewart.
| There were fourteen subscribers, and they
all paid with one check.
| Mr.. Ould.-Wasn't that Leonard Hyke's
check?
| Witness.-I can't remember. OF the
81 1000 there went into IIyke's hands the
whole, except $50, which paid for print
| ing, &c. The $4,000 was in the bank sub
ject to my check for two or three days. OF
the fourteen parties who made the sub
scription, only four or five were present in
person. | am subscriber for one hundred
shares. did not pay it at all.
| Q.-Do you know who paid it?
Al do not. Leonard Hyke was tried
for felony connected with the National
Bank. do not know whether he was con-
victed Or not.
Mr.. Ould.-It doesn't make any differ
ence. 1t is q matter of record that
| LEONARD HYKE IS A CONVICTED FELON.
| Judge Marshall. THAT is not at issue
here.
Judge Ould-It is an issue, for you have
introduced his affidavit here: Hyke swears
here that he had not only the 10 per cent.
required by law in his hands, but $4,000
besides. Do you know anything of this?
Witness.-I do not. / can't imagine
where it came from. There wasn't any
more stock taken that [ know of to make
up that amount. l don't know anybody
that does know where the money came
from.
Mr.. Ould.-Do you recollect telling Mr..
| Green, Of Alexandria, that this company
was not legally organized, and that 10 per
cent. had never been paid?
Witness.-I do. It was after Col. ChileS
had called my attention to the fact that $40
and not 3 ought to be paid in. The whole
9, 900 shares were issued. There was no law
for that. Certificates had been issued rep
resenting that the whole had been paid in,
when only part had. 1t was q custom at
the North. The Illinois Central railroad
had done so.
Judge Ould.-It appears that Stewart got
hold Of all the stock. How did he get it !?
Witness don't know.
Judge Ould.-How did he get hold of
yours?
Witness.-Oh, surrendered mine when