The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-01-18
SENATOR ELKINS
is ATTENDING

Id ATTENDING
Continued From Page One,
Wednesday. The day was occupied in
securing a Jury. opening arguments of
the counsel and the testimony OF Bur.
ton. Attorney Osborne /. Yellet out.
lined the case for the plaintiffs. He
explained that Burton is a practicing
attorney in Baltimore and Dubreuii
is a real estate agent of the same city;
that in November 1901. they suggesr-
ed to Senator Elkins, who. they said,
owned nearly all the stock of the West
Virginia Central Railroad. plan
whereby the Western Maryland rail-
road might be acquired and con-
meeting line of about sixty miles built.
which would give TO the West vir-
ginia road an eastern terminal at tide
water.
Burton wrote to EllsinsI and after an
interview was told by Elkins to Sc.
cure the legal options as to POSSIBLE
ity of getting around the act Of the
Maryland assembly which gave the
city of Baltimore the right to main.
tain eight directors on the board of
the Western Maryland road, to secure
other data, including practicability of
floating a loan Of s20.000,000 to carry
out the plan Of the consolidation.
Advised of the proposed pur-
chase of the road, counsel said the
city of Baltimore held certificates Of
Indebtedness of the western Mary.
land road, amounting to about. ss.-
100000 some of which, plaintiffs ai-
yised, could be disputed.
Yeliet said Senator Elltins advised
his clients to keep quiet on the prop
osition and he would see that they
we're taken care of. AT first. 1t was
suggested that as Burton could sc.
cure 1900 shares of the stock, Du.
breuil should receive good portion OF
the profits accruing from the pro
posed deal.
Attorney A. 5. worthington, for the
defense, declared that no agreemen,
was made by Senator Ellsins to pay
the plaintiffs anything for their ser
vice. whatever. pa
The Defense.
He claimed the plaintiffs were no,
peculiarly experienced in railroad
matters. Senator Elkins had several
interviews with the plaintiffs, and as
he was unacauainted with the men he
explained to them that they should &C
ahead ana explain their plan, and II II
met with his approval he would take
1t up with his associates. {,
White negotiations were pending
worthington said. Senator Elkins wa.
approached by Mr.. Fuller with ;
proposition to sell the West virgini:
Railroad for s17,o0o,Oo0, which wa
accepted and Eltins closed out all hi,
holdings in that company. The Sen
ator, he claimed, had hever promised
n TO pay the plaintiffs and plaintiffs hat
never made any claim for compensa
tion. beyond a request of Burton tina
Senator Elkins use his influence Il
secure Burton position on the rail
road. One year after the sale wa
contaminated, Worthington said. Bur
ton and Dubreuil began to demant
compensation from the Senator
threatening suit for the failure to set
tie.
Rurton'a Testimony.
Court adjourned to-day to meet aeat,
on Monday. Burton to-day testtfie
that Townsend Scott. of the Interna
tional Trust Company. agreed to {
nance the deal, all stock under tn
control of Senator Elklns and tn
plaintiffs, Burton and Dubreuil to b
pooled with stock which the trus
company secured. He suggested t
Elkins that he (Elkins) get Senate
Mccomas to help get control OF 2
200 shares OF stock owned by Washing
ton county, which Elkins stated h
could do. Efkins also agreed.
Burton testified that he and Dubreul
owned between them 1900 and sena
tor Elkins and his associates owne
2,4Oo shares, and 1t was then agree
that that profit derived from the con
bined holding should be divided. E
lsins said he would see George J. Goul
OF New York. and get him into tn
deal, AMI also stated that some OF tn
money would also come from the wes
Held Meeting.
! About the middle Of December, 1870,
Barton testified that he and Dubreu
met Elisins in Baltimore by appoint