Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-11-15
Z SCOTT LETTERS
STOLEN, SAYS
CUMMING
Georgia Road Counsel Declares
Unions Obtained Correspond
ence Through Fraud.

Major Joseph B. Cumming, Of Au-
gusta, representing Joseph +. Cumming
and Bryan Cumming, general counsel Of
the Georgia railroad, declared at the
arbitration hearing today that the let
tiers in the Memory damage case had
been taken "surreptitiously, fraudulent
" and as a theft from my Office
The Memory case concerned suit
for $500 for damages to W. r.. Memory.
Greensboro negro whom 1t was al
eyed had been struck on the head with
u billie by Conductor PaschaI
Il took the position with Mr. Scott
eclared Major Cumming, that it'll
could be mistake for Paschal TO be
lsmissed from the service Of the road
on the evidence brought forth befo .
he jury in the Memory case. He ac
>ded to this, but later letter told that
leschal had been discharged for an
ether cause. There was no thought or
mention OF the pending case now be-
fore tho board except for the latter just
eferred TO-"
Major Cumming read correspondence
leading UP to the letters which the
Unions sprang yesterday, having been
equested to do so by Judge Chambers.
Conductor Cleary on Stand.
Taking a position radically different
from that Of breyious conductor w.t.
nesseS, Conductor W. c. Cleary de-
Jared that he didn't consider q min
a.,
four miles between Harlem and Berze-
ia, and then put his train away on the
sidetrack. Several other witnesses had
testified that the freight trains OF thy
road proceeded at the rate of % miles
an hour which would be ten minutes
between the points named Cleary
thought it would require sixteen min
utes to make the run and oyer FIVE
minutes to put up his train, so he
stopped at his home, Harlem, for an
eight-hour rest, instead Of proceeding
20 Berzelia
Cleary's testimony brought. N Bur
CESS and MIR. Murdoch, on the one hand
and Mr. Brand and MIR. Wlckersham, on
the other, into a sharp clash as prose
cutors and defenders, respectively.
'Do you hold Mr, Brands notes for
considerable amour; 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
Bwers.
Here Mr.. Burgess grilled 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: Nov. Mr.. !
Cleary, it looks to US like YOU are try
ing TO avoid replying to questions
No interposed Arbiter Wicker.
sham, Il think the witness has been
confused by the figures"
cleary Once Suspended.
Are you prepared to say on oath.
asked Mr.. Murdoch, oC the road's 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 It would be taken al Hair
lem?"
NO, sir" answered Conductor Cleary, |
'thereswas no such understanding"
The union leaders continued to a ssail |
the road on its tactics, Mr. Murdoch !
declaring that it was a part Of the |
system for Mr. Brand TO take down |
statements of employees ut the time o.
accidents and later present the state
lnents In court in CARRIED form.
Cleaiy had been suspended for
head-on collision, but was later taken |
back wnen he acknowledged that he
had made mistake in reading orders
= ms point was brought out TO show !
that the road would have taken con- |