The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1914-06-23

became state tax epmmissioner. Ar
thur looked after the legal work Tor
the firm. Arthur Dayton has ap.
peared inst four times as counsel in.
defense of the b. g o. IN his court,
says Judge Dayton. In one case the
company confessed judgment and,
two Others are still pending. The
other Is the West case sment toned in
the charges. Judge Dayton brands
as absolutely false and untrue" tina
trivial and silly charge. that he,took
atwrttten opinion from his pocket In
this case. which had been prepared
in the Joint office Of himself and his
son. He denies that they have a
joint Office. The statement that lie
left the bench and assisted his son
In. the cross examination OF witness
es he characterizes as silly and alb
snrf. He files with his answer an
affidavit from the court stenograpl.-
er that he had asked Just three anes2
tions from the bench. all relating to
location and conditions existing At
the point OF the accident which was
the basis of the srst. He snvs j. w.
lvandervort, of rarkersbnrs. has rep
resented the b. & o. as counsel dur
ing all the time he has been on tile
bench. and that ". b. Archer. of
IParkersbnrg. las represented the
other side In most ofsthe B. & o.
eases. Affidavits of Nanderyort and
Archer and letter from ]. II.
strickling are filed as part OF his
answer.
Judge Dayton calls simply ridic.
ulous" the charge that lie improaas
ly directed a verdict against tho D.
& o. In the White case in order that
his son might reverse Tim and the
company secure a compromise, lie
says the case illustrates the petty
malice" that inspired the proceed
'ngs. He asserts that Arthur s. Day
ton was not counselIn this case iii
after II was appealed from his conrt.
/ Denial is made that twenty pctl-
lions of the government against the
B. & o. were Quashed or dismissed.
Judge Dayton says ne motion of That
character was rade and the case Is
still pending. In substantiatlon OF
this denial, a certificate Of the clerk
of the court is filed.
Makes An Admission.
Judge Layton admits that In the
case OF Floyd ]. Pickard against tho
Baltimore and Ohio he annnunccG
that unless rart of the damages were
RENTED he would set aside the yer.
dict. He files letter from j. j. q.
ofBrien, sole counsel for Plckard,
and affidayit3of Deputy Clerk Boyd
TO bear out his assertion that Tie
verdict from v. D. Archer, attorney.
in regard TO another case where ll6
suggested a remitter of. damages.
Regarding the charge that Judge
DAYTON told w: H. Sommers, OF
Berkley county. when lie brought
suit for the county court OF that
county against the b. 4 o. that 81
was embarrassing to have sommers
In litigation with the B. & o. as
sommers knew. all about his rela-
ton with the b.. & o. and that he
would like. to have the case settled,
Judge Dayton says this ohargeslias
so little foundation In fact that i
could not recall that any .suc.i snit
had even been Instituted IN INV,
court He denies the conference
with Sommers as charged. He filed
a letter from S. W. Walker! at the
time of the alleged incident COUNSEL
for the p. 6 o. and in Charge Of rail-
'oad litigation about Martin4burs,
denying the charge, and telegram
from Sommers also denying It.
Judge Dayton denied any conncc.
tson of any Kind with the drawing
Of Jurors or grand Jurors and denies
giving any instructions as to having
Il. & o. employees placed on juries
In support Of his statement lie filed
afridavits Of the clerk and all his
deputies and all the jury commits.
sioners who have served since lie
"SHt vi tHe uelcH. Il
As to - -
Denial is made that Arthur Day,
ton occupies his fathers offices
shat he.removes cases to his fathers
court from state courts and that he
tries all B. & o. cases docketed in
lPhilippi. Judge Dayton says not =
single case has been removed toshi,
court as charged. except series In
which .hei was known to be disquali'
fled tolsit, and which were not trieo
by him. and that only the four railtl
road cases mentioned above have
tried in his court by Arthur Dayton.
He denies as false. silly and malie.
'ous" the charge that he assists his
son in the trial of cases in his court
Judge Dayton denies as absolute
y false, untrue. and malicious the
thargc thattihe government pays the
stenographer and janitor for. Arthur,
Dayton, and filed alfidavits Of hitl
and the owner OF til
building in which the offices are 10
Gated.
Tho nffflayits NJ fury nopnmioefon L