Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1882-05-05

isllv to ask his sid In the preparation of
the bond required Of Kendall
Ibid you say anything as to what you
would require before you would stop ac-
tiOn?"
protest we could hush the matter up. It
process had been served we would not
have awarded contract.
By Mr.. Witt: "Was this all that pass
II can't say that it was.'
telling it then?"
ut was private talk"
CAPTAIN BLAIR.
"Were you present at the meeting of the
Sinking-Fund Commissioners"
81 WaS.o
Did Brown Allen communicate to the
Board any proposition made by the Ken
dali Company?'
"It was the habit of the Board to send
for me at its meetings. | went before the
Board for different purpose, and was
about to leave; was asked by Allen to re-
main. Three bids were opened. The
Chicago bid was rejected; then the Ameri
can and Kendall Companies were left. The
Kendall Company's bid was lowest. by
son favored Kendall Company. Revely
was quiescent. Allen favored the Ameri-
can. Revely asked If Kendall COmpany'S
bid was not less; was told it was, and said
he favored it. Discussion pro and con then
took place. MIR. Allen said incidentally
that the American Company was recon-
mended by our friends and the Kendall
Company by our political opponents, and
all things being equal, he favored the
American, Mr.. Dyson said he had moth
ing to do with this. Allen then said the
agent of the Kendall Company asked him
to come to his room, and asked il bids
were to be net. He told him yes. Then
Kendall said it was common to have mar
gin, and he hoped Allen wouldn t object to
having present. Dyson then said, He
made made similar remark to me-. but
didn't think anything of it, The vote
was taken, and Revely, who took but
little interest, voted for the Kendall Com
pany, on the ground Of it's being less. As
to the injunction Mr.. Dyson's statement
is substantially correct. l suggested to
Allen at Snelling's bar-roOm that he had
better go ard see Governor Cameron, who
instructed Allen to await his decision
Cameron ordered me to get out an injunc
ton. 1 held the injunction, not IN terro-
rem, as has been suggested, supposing that
the trial would be determined the day it
was called, and also hoping the Board
might convene and settle differences. |
told Dyson if this was not done would
serve the process. This was the only rea-
son it was withheld. Dyson's testimony
was exactly what occurred. I was con-
stantlY told that the affair would be set
tied; hence withheld the injunction. The
vote was taken on the award of the con-
tract on Wednesday. the 12thnnl do not
pretend to say formal record
ed" ~
~ GU said awhile a 90 that the Governor
asked the Auditor to suspend operations.
What sort of operatiOnsP"
"Mr. Allen contemplated a personal At
tack, but told him this was
TOO LATE IN THE DAY.
Il had never heard from Allen anything
about Kendall until the Board convened.
At Snelling's bar-room Tuesday night AL
len did remark that the agent of the Ken
dali Company had made improper advan-
cas to him."
By Judge Crump: "You knew, then, at
the meeting OF the Board that this had
been donep"
mo. no; not personally. 1t would have
been impertinence on my part to have
taken action. wish the Court to under
stand that | am not member of the
Board. IT had knoaUa anything corrupt
had been done l would as Attorney Gener
al have stopped the proceedings.'
Judge Crump explained he had no idea
of rejecting on Blair's official conduct
On the contrary, he only wanted to give
him an opportunity to vindicate himself.
THE RECORDS OF THE BOARD
were then brought in and offered IS evil
dence. No objection WAS made and Mr..
Allan, Of counsel for defence, read from
record to show the date when the transac-
tions refe FRED to in evidence had taken
place. The defence rested the case here,
and by agreement of counsel of both sides
argument was not opened. and the Court
| was asked to deliver opinion.
The Court read the statute under which
action had been brought, and then in brief
but succinct terms gave reasons for hon.
Orably dismissing the case.
THE TWO AUDITORS OF VIRGINIA EN-
GAGE IN A STREET FIGHT.
The most important case before the Po-
lice Justice the next morning was that Of
S. BrownAllen, Auditor of Public Accounts
and II. H. Dyson, Second Auditor of the
State of Virginia, charged with fighting
and creating disturbance in the street.
When the case was called Sergt. Angle
stated that Mr.. Dyson would be in court
10 few minutes, but he had not succeed
ed in finding Mr.. Allen.
Mr.. Dyson came into court soon after
wards.
Justice Richardson said that he could
not proceed with the case during the alb
sence of Mr.. Allen.
Mr.. Edgar Allan, who appeared as coun-
sci for Mr.. Dyson. stated that he was
compelled to leave the city, and asked
that if the case was continued that
the Justice would continue for ten
days.
Justice Richardson said in reply that
Mr. Kendall was a nonresident. and lie
dsliked to continue for that length Of
ijme N his account.
Mr. John S. Wise said that he would
Mr.. Kendall's evidence could be heard
now.
This meeting with no objection the JUS
lice concluded to do so.
Mr.. Kendall. upon being sworn, asked
TO be excused from testifYing. after what
had taken place between MIR. Allen and
himself.
T. e Justice told him that this was a
matter between the Commonwealth and
Mr.. Allen and he could not be excused
MIR. Kendall then said that he and by
son were walking down Franklin street
last night, when he heard footsteps be-
hind them, Soon afterwards he heard some
one call to Mr.. Dyson. They turned and
saw several persons. Among them was Mr..
Brown Allen standing with his hand be-
hind him. Some words passed, when MIR.
Allan struck Mr.. Dyson several blows
with club. Then Mr.. Dyson was seized
by some of the party, and Mr.. Allen con-
tinued to strike him.
Mr.. Jno. S. Wise: MIR. Kendall, didn't
you run away?
Mr.. Kendall: No, sir.
MI Wise requested to be sworn, after
which he said the statement of the wit
ness was false; that as soon as the row
commenced Kendall ran down the street
and disappeared like sora in frost that
he was not where he could possibly have
seen what occurred between the two gen.
tlemen.