New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-06-11
G. J. GOULD TESTIFTES.
With e.r-Mdyor Hayes of Baltimore
Witncss in $1,000 900 Suit.

George J. Could ana ex-Mayor Thomas G.
H.yes Of Baltimore. testified yesterday after
noon before Justice Spencer in the Supreme
Court Brooklyn in the suit brought by Morris
AIerges. OF sheepshead Bay. against General
Louis Fitzgerald for 100000 for services al
legged to nave been rendered by him in obtain
ing contro! Of the Western Maryland Railroad.
When Mr.. Gould was put on the stand he testi-
fed that General Fitzgerald had spoken to him
early in 1901 about tie purchase OF the Western
Maryland Railroad, and had said that Mr.. Lau-
terbach had brought the scheme 70 his atten-
ton.
THE general asked me II would be inter
ested." said Mr. Goult. land gave me some pa
pers concerning It. Later I returned the papers
with the statement that they did not interest
ne. Another person came to IRE later with the
proposition, and offered ms controlling in
terest Il was Mr.. Creich. vice-pre5dent OF the
Mercantile Trust Company. 1t was out CT ny
territory and did not interest me then"
Then Mr. Could told Of several later attempts
% interest him in the scheme. Winslow s.
Pearce. his attorney he said. v.as TO the best
Of his recollection the next 10 speak q 1t. MI
Pearce said that. rs the West Virginia Central
had been acquired. It might be well to get a
connection as an outlet FOR its coal by Purchas-
ing the Western Maryland. In March or April
1862 Mr.. Fuller suggested that syndicate De
formed.
Mr. Gould said that he did not enter the
Fuller syndicate until after 81 had purchased the
Western Maryland Railroad in May. 1907 lie
denied that he was interested in bringing about
the sale OF the road 10 the syndicate and that
he sent people to Baltimore 10 that end. lie
admitted writing letter 10 Mayor Hayes In
May. 1902 NJ Gould said that when the prop
erty was first presented 70 him he would mot
touch it with ten-foot pole"
Ar Hayes. who was Mayor OF Baltimore from
November. 1899. TO May. 1903. IS lawyer. He
testified that when he became chief executive OF
the city ne believed that he ownership %: the
Western Maryland Railroad by the city was a
dangerous asset" aud that he had "a fixed
and abiding purpose 10 get rid of II. He tries
to explain his position, saying that he could
make Z clearer If ne explained In his own way
Every lawyer thinks that said the justice
with a smile as he told Mr. Hayes 10 cou!ire
himself 10 the questions.
The city OF Baltimore owned two hundred
thousand shares % stock OF the railroad and
several bonds and mortgages OF the company
/ Mr.. Hayes testified. As Mayor he had the
I right to direct a foreclosure sale. The only
other way TO dispose of the city's interest was
: by legislative enactment.
Asked about offer for the road made by
/ Edward Lauterbach, MI Hayes replied that hC
had turned Il down" because the offer came
/ from interests which owned another railroad
/ with a terminal some distance from Baltimore
He wanted TO sell the road TO interests which
would make Baltimore the terminal and i'm
posed the condition that the purchaser SHOULD
/ spend S2,oGOOJO on a new terminal station II
the city.
Asked II he knew Mr.. Menges. the plaintiff. h,
/ replied:
/ Il never saw Menges until saw him in thi
! courtroom. / mad very kindly feeling towari
! Mr. Menges. however. l heard that he like
! champagne and threatened to food the Iegis
I lature with IL. II very good brand"
! At the morning session Edward LauterbacY
I occupied the witness stand. He said he haf
acted az counsel for Menges during the nego
fatioEs for the sale Of the road. He had worke,
with General Fitzgerald in the affair until III,
/ latter. accusing him OF being responsible To-
/ Menges's suit. refused to 90 on any further