Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-11-14
I SCOTT LETTERS
STOLEN, SAYS
CUMMING
Georgia Road Counsel Declares
Unions Obtained Correspond
ence Through Fraud.

Major Joseph 3. Cumming. II Au-
gusta, representing Joseph b. Cumming
and Bryan Cumming, general counsel Of
the Georgia railroad declared at the
arbitration hearing today that the let
ters in the Memory damage case had
been taken "sucreptitiously, fraudulent
ly and as a theft from my Office
The Memory case concerned suit
for 5000 for damages to ". X, Memory,
q Greensboro negro whom 1t was al
legged had been struck on the head with
billie by Conductor Paschal.
u took the position with MT. Scott
declared Major Cumming, that it
would be a mistake for Paschal 10 be
dismissed from the service Of the road
on the evidence brought forth before
the jury In the Memory case. He ac-
eeded TO this, but later letter told that
Paschal had been discharged for an
other cause. There was no thought or
mention of the pending case now be-
fore the board except for the lattea just
referred to-"
Major Cumming read correspondence
leading up to the letters which the
unions sprang yesterday, having been
requested to do so by Judge Chambers.
Conductor Cleary on Stand.
Taking position radically different
from that Of previous conductor Wit
nesses, Conductor ". c. Cieary de-
clared that he didn't consider q min
utes time enough to run freight train
four miles between Harlem and Berze-
liza, and then put his train away on tine
sidetrack. Several other witnesses mad
testified that the freight trains of the
road proceeded al the rate OF % miles
an hour which would be ten minutes
between the points named CleaYy
thought it would require sixteen min
utes to make the run and over i've
minutes to put w his train so ne
stopped at his home, Harlem, for an
eight-hour rest, instead of proceeding
TO Berzella
Cleary's testimony brought Nj Bur-
CESS and Mr.. Murdoch, on the one hand
and Mr. Brand and Nj Wickersham, on
the other into "a sharp clash as prose-
cutors and defenders respectively.
DO you hold MI. Brands notes for
considerable amount or money!"
queried Mr.. Murdoch sharply.
mo. sir" said the witness.
Isn't he indebted to your"
mo. sir"
Mr.. Brand brought out the same an.
swers.
Here Mr.. Burgess giilled the witness
by asking:
What method did you use to deter
mine that it would take you sixteen
minutes to run four miles at the rate
of % miles an hour?"
An unsatisfactory answer caused
Judge Chambers to declare Now. Mr..
Cleary, it looks TO US like you ale try
ing to avoid replying to questions"
No" lnterposed Arbiter Wicker.
sham. Il think the witness has been
confused by the figures"
Cieary Once Suspended.
Are you prepared to say on oath"
asked Mr.. Murdoch. of the roads wit
ness, that you didn't have it under
stood with the crew OF your train that
II eight hours Of rest was to be taken
on that trip II would be taken at Har
lem?"
No sir. answered Conductor Cleary,
there was no such understanding"
The union leaders continued to assail
the road on its tactics, NJ Murdoch
declaring that it was part of the
system for M Brand to take down
statements Of employees at the time 0.
accidents and later present the state
ments in court in garbled form.
Cieary had been suspended for
head-on collision, but was later taken
back when he acknowledged that he
mad made mistake In reading orders
This point was brought out TO show
that the road would have taken Con-