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

factory. On his examination, he (Davega)
testiies that the account of $4,000 consisted
of 81, 900 paid G. D. Melton, counsel fee
$500 paid Crews; the remainder personal ex'
penses.
w. A. Clarke testi6es that he was law
partner of the late G. D. Melton, from Octo'
ber, 1871, until his death in December, 1875.
That G. D. Melton was not employed in the
case of Glenn and others vs. County Commis,
sioners, and had no connection with it, to bis
knowledge. That be has examined the books
of their Office and can find no record of fee
of 81, 900 having been paid by A. 81. Dave.
ga. That if such fee had, during the term
above mentioned, been paid, he certainly
should have known it; he being not only his
partner, but son.in.law, and intimately &C
quainted with all his business. s...;s
Judge T. J. Mackey, testifying, denies that
he asked Gov Moses to induce Justice Wright
to sustain his decision in the case of Glenn
and others %. the Commissioners while its
hearing was pending in the Supreme Court,
and says that he had not one word with Gov.
Moses on that subject; that he was, at that
time, his declared enemy, and had publicly
denounced him from the Bench for prostitu.
ting the pardoning power. That be was never
present at an interview between Gov. Moses
and DR.. Davega at his house or elsewhere; that
he never saw Davega in the presence Of Gov.
ernor Moses. r..
That he had publicly declared bis opinion
in the case prior to his hearing it; that this
was known to the plaintiffs and they had the
right to apply to any other Judge for the in.
junction. That when his opinion was declared,
be had no idea that it would be tested in the
Courts. That after his decision was rendered
and approved by the Supreme Court, the
stockholders voted him q testimonial for bis
services in cavsssing in behalf of the road,
and that Devaga proposed to present him
stock of the company as the testimonial,
which he refused to accept. He further tes-
ti6es, that he stated to Justice Willard and
Gov. Hampton, last January, when the Tilda
Norris case was pending in Supreme Court,
which involved Gov. Harnpton's title, that he
feared the Chief Justice and Judge Wright
would be corruptly influenced to decide
against US by Gov. Moses, and stated, as .
reason, that Davega had said, at Chester, in
his presence and in presence Of fseveral others,
shortly before the decision of the Supreme
Court was rendered in the Glenn case, that he
had met Gov. Moses in the streets of Colum.
bia, and that he (MoseO had limited to him
that he could hurry up the decision Of the
Court, if Davega, as be, Moses said, would
grease the wheels That Doctor Davega
said he told him he would not give damn
cent. ..->..... h.
It is justice to Judge Mackey to say that
the completely charge upon him by F. j. Mo-
ses, in procuring the decision of Justice
Wright, is not sustained by any other testi.
mony. ...
The Commission further report, that it ap-
pears from inspection of the record, that the
order of the Supreme Court, dismissipg the
appeal, was filed January %, 1874, the day
on which the account of President Davega,
for $4,000, bears date. That no opinion sus-
tanning that order was filed by the majority
of the Court. That an opinion showing that
the commissioners Of York were not in the
seuss of the scr, the proper AUTHORITIES to
subscribe in behalf of the county without the
consent of the electors, was filed BY Associate
Justice Willard. Thus presenting the re-
markabfe fact, that the only opinion in the
case is dissenting opinion. We rest our
conclusions in this report, so far as legal
questions are presented, upon that opinion.
The Commission, therefore, find
1st. That the bonds, purporting to have
been issued by the County Of York, in aid
of the Chester and Lenoir Railroad Compa-
ny, were issued without authority and do not
constitute any part of the indebtedness of
said county. '. '
End. That the decision of the Court in the
case of Glenn and others ". The County
G Commissioners, does not establish the validity
of said bonds, because
First. The Circuit Judge, by whom the
case was tried and determined, had prejudged
the case before hearing, and fair and impair
tial trial was not had. "l,
Second. The decision of the Supreme Court,
reversing the unanimous conclusion of the
Court, upon regular consultation, and made
without a general consultation of the Judges,
if decision at all, was not only erroneous,
but induced by fraud and improper influences.
All of which is respectfully submitted.
C. JONES. .
Sc. WHITE.
COL w. c. Black, member of the Commission,
is unable to be present to sign this report. We
are very sure that he agrees with US in the gener
al scope of the report, and have been authorized
to sign his name but evidence having recently
been taken, in his absence. we report without his
sipnature G. J.
s. E. w.
- .aaGf
The NOTE Was PA1D.-The keeper of a
boarding house at Washington, when An.
drew jackson was President, waited on him