The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-09-30

North Carolina Railroad to be only $40t
while the diff renee on the other lines i,
81 800. mis,eading?
II do
How are the salaries of an officia
of railroad system apportioned to tao
lines of the system"
by a percentage basis, divided up be
tween the Inns of the system
Upon what basis is that percentage
fixed?"
~ do not know"
PAID JUDGE EWART'S BILLS.
Manager A. ]. Cooke. of the Yarbo
rough House. was the next witness.
Ibid not the Tribune Publishing Com.
pany pay hill at the Marlborough
House for Fl. G.. Ewart?" he was asked
but the plaintiffs objected.
Mr.. Averitt ave propose to prove
that in the winter of 1897 Judge II. G
Ewart was at the Marlborough House
and that his bills were paid by the
Southern Railway, through the Tribune
He was here as a lobbyist for the South
ern Railway for bill then pending in
the Legislature, which would give Ew-
art more judicial power and would ere
ate court for him before which any
suit affecting the Southern Railway
could have been removed"
The Master decided that this evidence
was not competent.
Then came the Tribune editorial bomb
which somehow was kept from explod-
ing, but created considerable excite
ment. W. w. Haywood, the editor of
that paper, took the stand. He said he
didn't write all the editorials in the Tri-
bune, but all those not written by him
were written by the assistant editor.
Mr.. Eldridge. But he acknowledged
that the information on which some Of
these editorials were based were OBJ
tanned from the Southern Railway of
fee.
Were not some of these articles pub
lished substantially as furnished you by
officers and attorneys of the Southern
Railwayw
The question was objected to by coun-
sci for the railroad.
The Master: 81 think the editorials
written in the Tribune or any other pa
per are totally irrelevant"
Counsel for the State excepted to the
ruling, and Haywood was dismissed.
WILL GIVE UP THE SOUTHERN.
w -.
the next witness. He said he made fire.
quent trips between New York and
Washington during the summer of 1895.
Between the middle of July and the
latter part of August did you make II
special trip and did anything occur of
special interest in regard to persons con-
nected with the Southern Railway"
Counsel for the railroad objected to the
question.
Mr.. Averitt: "We offer to prove by this
witness that in the summer of 1895
prior to or co-incident with the making
of this contract, called a lease, Mr.
Clements, travelling in the discharge OF
his business between Washington and
New York, was an unintentional auditor
of a conversation, the parties. to which
we are informed and believe, were
Samuel Spencer, president of the South
ern Railway, Alex. Brown, of Baltimore
city. president of a line of railroad l.:
close affiliation with the Southern Rail
way: !. Pierront Morgan and John G
Carlisle, then Secretary of the Treasury
Of the United States; and while said
unwilling auditor, there was carried or
in his presence a conversation, the sub.
stance of which was that when the firm
of Morgan and Company, whom WI
have offered 70 prove are VIGOROUSLY the
chief financial supporters of this South
ern Railway, and are its fiscal agents
had reimbursed themselves for certain
losses, naming them, which they had
sustained by reason of their former con
nection with the Richmond and Danvilt
Railway and the West Point Tern ina
and Warehouse Company; that this
Southern Railway, party to this contract
could then take care of itself, and that
this was assented to by all the parties
there present. and this We believe t.
have meant, and we are informed anG
/ believe does mean. that this said South
ern Railway had in contemplation at the
time it entered into this contract, an act
of insolvency, which incapacitated it Il
make this contract in law and in equity
and which, alb init, rendered this con
! tract covinous and void"
The Master: 81 rule that out as in
competent and irrelevant"
| The defendant excepted to this ruling
and asked that il be so certified to the
| court.
At this point the hearing was adjourn
ed 30 be resumed at Salisbury October
18th.