Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-01-31

in view of dissent, to give their opinions in
writing. L never knew an instance to the
contrary"
Judge Wright testi6es, that upon the con
sultation aforesaid, Judges Moses and Will
lard agreed to reverse the judgment of Judge
Mackey; that be was not sure whether he
agreed with them or not at that consultation
That, subsequently, Chief Justice Moses and
be agreed to sustain Judge Mackey's decis
ion. That he was appointed to write the
opinion of the Court upon the first consulta
ton, and did not do so because Judge Moses
said it was not necessary. li..- ...... ... ..
Ex-Governor Moses testi6es, in substance
that after argument in the case of Glenn and
others Us. County Commissioners had been
heard in the Supreme Court, be ascertained
f: IN Judge Wright that the Court was di.
vided, as the Chief Justice had expressed
himself in favor of sustaining Judge Mack
ey's decision, and Judge Wright held con-
trary views, and that Judge Wright was in.
clined to adopt the views entertained by
Judge Willard. He reported what Associate
Justice Wright had said, to Judge Maekey,
who seemed worried about it and said we
must have Judge Wright's decision in favor
of the road. Subsequently, Doctor Davega
called at bis (MosesO house, in company, as
witness thought, with Judge Mackey. The
matter was talked over; Davega gave wit.
ness $3.50 for himself and the same for Judge
Wright, and the witness undertook to procure
the decision of Judge Wright as they want
ed it. He delivered to Judge Wright, pledges
from Judge Mackey Of support in his re-
election, and promised the same on his own
part. Judge Wright yielded to these pledges
and promises, and, therefore, rendered bis
opinion in favor of sustaining Judge Mack
ey's decision. The matter Of money was not
mentioned to Judge Wright. ...... .....
In this connection, Judge Wright testifes
that Gov. Moses frequently spoke to him
about cases in which be supposed he was in
terested that he has no distinct recollection
whether be spoke to him about bis views in
this case or not. That he did not remember
whether Gov. Moses asked him. to sustain
Judge Mackey's decision or not; that he has
no recollection about it.
A. H. Davega testi6es that he had no con-
versaton with Gov. Moses at any time dur
ing the winter of 1873-'74; that he did not
ask him to induce Judge Wright to decide in
favor of Judge Mackey's decision and knows
of no one doing so. That he did not pay
him any money.
I. D. Witherspoon testi6es, that at meet
ing of Directors at Chester, January 30th,
1874, Doctor Davega presented an account
that he desired the Directors to pass upon,
with view to payment thinks the account
was for $4,000. The Directors refused to
pass the account on the grounds that it was
not itemized. Doctor Dsvega insisted that
it was proper charge against the company.
At meeting of Directors at Yorkville, Feb.
18th 1874, he again presented the account,
and the Directors again declined to approve
payment unless it was itemized. There was
some inquiry Why it was not itemized. He
replied that it was proper charge and ought
to be paid. The account was not itemized or
paid, to his knowledge, up to the time he re-
signed, March 25th, 1874. Thinks the &C.
count was in writing. ... .
L. NJ. Grist testi6es that he was Director
and at the Chester meeting. Thinks Dayega
made verbal application to the Board to or
der payment to him of $4,000. In answer to
an inquiry as to what the amount claimed
was for, he (Davega) gave no satisfactory
information, but merely stated that the claim
was a proper one. The Board declined to
order payment in the absence of any satisfac-
tory information. At the Yorkville meeting,
he presented the same claim without any ex-
PLANTATION as to the items or what the account
was for the Board again refused to order
payment. Has no recollection that the board,
at either of these meetings, advised him to
present his claims to the general meeting of
stockholders
A. H. Davega, in this connection, testifies
that he presented an account Of $4,000 in the
spring of 1874; don't recollect the exact
time it was for money advanced for counsel
fees and other incidental expenses; it was not
paid by Directors, and they suggested that
he should present the claim to the stockhold-
ers in general meeting. He presented his
claim to finance committee, who reported fa-
vorably, and the stockholders ordered it to
be paid, and it was paid. That the account
was for 81 900 which he paid G. D. Melton
counsel fee, and for $500 paid Joseph Crews
to report the bill for railroad charter to the
legislature the remainder was for personal
expenses that he did not inform the board
of directors that the account was for these
purposes, at the time they refused to pay it,
because he did not deem it necessary; that
he simply presented his bill and no request
was made by the board to itemize the &C.
count; that he presented the same account at
Yorkville, and the board declined acting be.
cause it was not full board Merely a
quorum was present st the second meeting.
That when be presented the account to the
finance committee, he did not itemize the &C.
count or explain what it was for; he told
them that it was counsel fees and other Incl
dental expenses.
c.. S. Brice testifes, that upon being elect
ed Director in May, 1874, he felt it his duty
to make inquiry as to this account, and DIR.
Davega told him the account was for coun-
sci fees in part; in part for getting charter
through the Legislature, and in part for his
personal expenses while attending Supreme
Court when the case of Glenn and others was
before it. That he became satisfied from his
(Davega's) statement that the claim was a
proper one"
The following entries appear in the Record
Book OF the company as certified by the
Secretary of the company:
January 3Oth, '74-A bill for incidental expen-
ses, amounting to $4,000, was presented by A. II.
Davega, which was laid over for fuller meeting
of the board.
Yorkville, February 49, '74.-The President,
A. H. Davega again presented his account of
81, 900 for incidental expenses of the company.
On motion of C. C. Macoy, the consideration of
the claim was postponed until the next regular
meeting of the board.
May 8th, '74.-The committee appointed to ex-
anime books and vouchers Of the President and
Treasurer, report that they have carefully per-