The Birmingham age-herald., 1907-10-11
Agreed to Pay O'NeiN's Assess msnton BItu|ithiC and Made
 Bid on Asphalt
DWELL DENIES ENTIRE
 CHARGE AGAINST HIM
Answer Recites That MT. DoneIson Pursued Him About Paving, But He Turned His Back and
 Walked Away.

The making public of the affidavit signed by John l.. Donelson relative to the charges of graft against Alderman John w. o'Neill and the filing of MT. ONeills reply were the features of last nights session of the O'Neill- Bitulithic Investigating committee. Donelson was the first witness and was followed by Lieutenant Governor Gray, George M. Iu- gram, president of the Southern Bitui- thic company and Mir O'Neill
 The testimony given by Donelson and o'Neill was practically the same as that included in the affidavit and reply The evidence presented by Messrs. Gray and Ingram was along the line of what they had been told by Donelson. The. session lasted until Il :30 when it was adjourned until 7:3O tonight.
 The committee were sworn in by Hinds Peevy, after which Sterling A. Wood stated that the respondent desired to set tie certain preliminary questions. He said that under the code, whenever a written agreement is the foundation of case, the defendant is entitled to an inspection of all the documentary evidence, and then read some correspondence which has passed between him and City Attorney Smith in reference to his demand that he be allowed to inspect certain papers or letters.
 Company Declined to Act.
 MT. Donelson, on the stand. stated that his company had absolutely refused to enter into any agreement with MT. O'Nell to pay the assessment on property owned by his family and further stated that he had personally agreed to pay the assess ment. He readily admitted that he knew the contract would not be awarded for bitulithic, and that he was simply trying out MT. O'Neill. He further stated that he was not proud of having to tell what he did butt that he had also done it be- fore in Birmingham. Upon being cross examined he said that these previous acts had nothing to do with the Mayor and Board of Aldermen of Birmingham, nor any work for this municipality.
 MT ONeill denied that he had ever ap- preached Donelson, or that he had ever entered into an agreement of any kind with him. He stated that Donelson had approached him and that he had refused to talk to him.
 The formal affidavit by Donelson, to the substantiating of which the witnesses were examined was as follows:
 Text of Donelson's Affidavit.
 O. by MT. Ward-Mr. Donelson, we are beginning an investigation into the rela- tions of the city of Birmingham with the Southern Bitulithic Paving company. I wish you to state, as a representative of that company, whether any member of the present Board of Aldermen, any city official, or city employe, have made any propositions to you to aid you in get ting an ordinance through the Board of Aldermen to pave any street or do any work for the city for a consideration of any kind, or have they approached you in any way along similar lines?
 A (by MT. J. E. Donelson)-Yes, sir.
 Q.-Piease state the names.
 A-Alderman John W. ONeill ap- preached me.
 Q.-Has any other alderman?
 A-No sir.
 Q.-Or city official or city employe?
 A.-No sir.
 Q.-Please give particulars as to MT. O'Nell approaching you.
 Paving on Sixth Avenue.
 A-You will recall that when the ques- ton of paving Sixth avenue from Four teenth to Twentieth streets came up. about one-fourth of the property owners signed petition to take bids on both bitulithc and asphalt and award the con
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