The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-12-19


and what is your position for the last
few years?
Ny legal residence is Raleigh, North
Carolina; I am an attorney; l was In
the Senate from March 4th, 1898, 10
1901.
2 During your service as Senator dld
you make the acquaintance Of Senator
Pettigrew, of South Dakota?
l did.
g. Since this, have you not been asso-
| ciated with him in a business enterprise
| or enterprises?
am associated with him now in sew
| aral enterprises.
4. State what conversation you mao
with Senator Pettigrew in reference to
North Carolina Bonds. which is the SUP
| ject of this suit?
| Counsel for the defendant Salter, op-
iects on the ground that the question Is
| irrelevant and hearsay)
Sometime in January or February, 1901,
| | had a conversation with him when
probably led uD to the passage of the
Act of the Legislature in South Dakota
| authorizing that State to accept .dona-
| tions. Previous to that time, during the
campaign of 1900, l spent several weeks
ing Senator Pettigrew in his fight for
| reelection. During that time I visited
nearly every State institution except the
State University Upon inquiring of
Senator Pettigrew the condition of the
University, and discussing the other
State institutions which l had visited, he
stated that it was in bad financial condi-
ton and that he had made efforts to Sc
cure some donations to supplement. what
I think he referred to, the pittance ap-
propriated by the Legislature I think
he said that he had approached Mr.. An
drew Carnegie and others, but he had
failed to secure any cash, or tender OF
cash for the University, but that Mr..
Carnegie had proposed that in the line
of his general donations for libraries he
might consider making cash donation
for a library at Sioux Falls, South Da-
kota, and that he mig, make a tender
of some securities of some kind to the
University, or for some educational or
charitable purpose in the State in re-
Spouse to the request. This was all
casual converse ton from time to time,
while I was a guest of Senator Pettigrew,
in South Dakota and the details are not
clear in my mind. After the assembling
of Congress the following winter, he told
me on one occasion that Mr.. Carnegie
had either made the gift to the library
at Sioux Falls of $25 900, or assured him
that he would make it, and in the con-
versatiOn he suggested that he had been
advised that probably the State could
not accept donations, if they were not in
cash, or something TO that effect. Where
upon I suggested to him, either during
that conversation or later on, when he
was showing me on one occasion the ar
chitect's design for the public library,
that / thought it would be good idea
for the State to enact q law authorizing
the Governor, or the proper officer to re-
ceive donations made to the State He
said he wished they had such law, but
that he had been defeated and did not
control the Legislature, but that ne
thought if the matter was brought to the
attention of either one of the Congress
men, who were Republicans, they would
gladly pass the Act and he would suggest
the matter to them; and further that
they might have any credit which would
arise from personal fundamentally in
securing donations to the State if thev
were instrumental in securing the, pas
sage of such a law. l further suggested
to him, either at that conversation or
later, ] think it was after he informed
me that Mr. Burke had agreed to secure
the passage of such a law, that l thought
l knew where he could get a donation,
and that if ] could be instrumental in
the State getting it | would be glad to do
SO, and at any rate, the law would assist
him in his difficult efforts to secure dona-
lions. At that time, | do not think
stated to him what the donations would
be. bonds or not, or if bonds, the kind of
bonds. In fact, the reference to what
ever service l might render was i"cident-
al He approved this suggestion and in
Dictated his intention to secure the pass
age of law, and discussed it with Mr..
Burke, / think, before l made the sug-
gestion that l would be instrumental and
| try and assist him to secure a donation.
| If !, at a later period, did discuss North
Carolina bonds and lead him to believe
that | could be instrumental in securing
a donation of North Carolina State Bonds,
| would decline to give the information,
because | could only have had such in
formation from . consultation and a
| transaction between attorney and client.
| and which l understand is privileged.
5. Please state who the client is that
you speak of?
The client was Cchaefer Borthers.
G. Then l understand that that relation
| existed between Schafer Brothers and
you before this donation was made?
1t did.
T. Did you appear of record in this
case?
l did not.
8. When were you employed by
Schaefer Brothers?
In January, 1901.
8. That was long before this donation
| was made and before the suit was com
menced?
| 1t was.
10. Who employed you, Senator?
l was employed with Mr.. A. G. Ricaud
| as associate counsel.
II. He was attorney for Schafer Broth
| ers?
| He was attorney for Schafer Brothers
and all for whom Schafer Brothers acted.
| II. Prior to the first of January had
| you had conversations with Governor
| Russell, or Mr. Ricaud in reference to
The Schafer Bonds, or any bonds of that
| class?
| Sometime in the fall in Mr. Ricaud's