Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1877-04-20


MoUsLY PLUCKED BY THE COUNCIL
END OF T1REsoME CASE.
The great water works case with which
the people Of Staunton have been by turns
weary, indignant and disguised, came to
an end Tuesday night just as, we suppose,
everybody who has been familiar with 1t
expected, in finding that there was no proof
that Superintendent Smith is not a compe-
tent and efficient officer Its commencement
was portentous. Mr.. Allen, City En-
gineer, a civil engineer whose practical
experience with engines was extensive,
covering the area, as he afterwards testified,
Of running a locomotive 'sometimes halfa
day at time,' for railroad company Of
which he was an employee, visited the
pump house and made a report, suggesting
such doubts Of the capacity of a practical
steam engineer, as to bring Oh the investi-
CATION which has just closed. 1t is proper
to say that the verdict Of the Council has
been rendered on the evidence exclusively
of the prosecution, and not a witness Was
introduced by the defendant. The Coan-
Gil met on last Friday night and the fol-
lowing evidence was heard:
Frank Smith who has been employed at
putting down water pipes and so forth
was sworn. He said he had been engaged
at that business q year. Thought Super
intendent Smith understood the business
of pipe fixing; had seen him work, himself,
and direct others at it. Fixed Mr.. Harri-
sons hydrant and was sent there to do it
by Mr.. Hardy or officer Pritchard, he
couldn't lecollect which. Took an hour, CT
over at it and charged 81 for it. Mr.
Evans here read the ordinance fixing the
rate to be charged at 40 cents an hour
Witness thought Smith ran the engine
very well as far as he saw.
THE ADVICE OF COUNCILMEN.
Mr.. Geo. NJ. Harrison, sworn-Saw Mr.
Evans about ten minutes before the affair
between witness and Superintendent Smith
in the Council room. Evans, on hearing
the grievance Of witness told him Smith
had no right to cut the water off before
notifying him. Told Evans where he YVES
going and his purpose, and Evans advised
him against attacking Smith. Witness
here made an earnest and manly appeal tt
the Council that his examination in this
matter be not pressed. The assault or
Smith he said was regretted by HIM as
much now as On the day after it occurred
it had been settled between them, and il
was very far from his desire to have te
reply to questions that would injure that
gentleman.
Mr.. White, counsel for Superintendent
er examined. He would not consent t.
| the other side carrying the examination
| to a certain point, and then its being dis
| continued.
Witness continued, said Mr.. Abby tol(
him the charge was not right and if i5 was
| him he would not pay it.
Mr.. Evans objected to these questions
| Mr.. Fulfil would like to know wha
we are Investigating the competency o
the Superintendent, or the difficulty will
| Mr.. Harrison.
Mr.. Todd-Who summoned Mr.. Harri
Dull W tcooiiy tiCIC
Mr. Fultz-Mr. Evans had him sum
moned here. Mr. White had said scme
| thing about Mr.. Harrison acting under
improper advice.
| Mr.. Alby-Mr. White is making it ap
pear that gave bad advice to Mr.. Harri-
son when I said would not pay it if
| were him.. l told Mr. Harrison that if il
were me would not pay it, and would ap
peal to the Council.
| Mr.. Il rrison-I did not mention the
matter officially to those gentlemen as
| Councilmen but as citizens, a number OF
whom | told Of the circumstances.
Mr.. w hite said he wanted to show that
during the pending Of an examination in
| to the official conduct Of Superintendent
| Smith, ana while he WAS on trial, three
members of the Council who were sitting
| as jurors in the case gave a citizen such
advice as made him view the action Of the
officer On trial personal infringement of his
rights and not an act in execution Of an
| ordinance, and that he then resented this
supposed infringement by an assault On the
officer.
Maj. Elder who appears as the legal ad-
wiser OF the Council said that body had the
powers of o legislature and could decide on
the breadth of range that should be had in
the testimony.
Mr. White said be was there to represent
Superintendent Smith and if it was the
pleasure Of the Council he would abandon
the case, but if not, he desired to ask all
questions that threw light On the matter
now before the body.
Mr.. Todd to MI. Harrison-Who was
the other member Of the Council that ad-
vsed you not to pay the bill Of the Super
intendent?
Mr. Harrison-Major Bagby.
EVIDENCE OF THE ASSISTANT sUPERIN-
TENDENT.
Chas. Hardy, Assistant Superintendent
Of the wafer works, was put on the stand.
He said he could find no fault with Mr..
Smiths running Of the engine. Had been
at the engine house week OF two; was be-
fore that employed on the street pipes, &c.
Had never had much to do with the sort
of engine used at the water works. Had
been working on street work since Janu-
ary. Smith came around occasionally.
Should say that from his experience in the
work S. had done as well as could be eX-
pected. At first when the breaks i'll the
pipes We're occurring Smith Was occupied
at the engine. Witness thought the en-
CINE was working very smooth. Couldn't
say that he thought Smith could fix by
drant. McKeeyer had been working on
the street pipes by the job, and sometimes,
though witness would be idle, Smith would