Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1915-02-25
DAY TON
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lCOntinued from Page -

(ContlAued from Page Id
iginal letter and the following testl-
mony by Mr.. Moore.
The letter read: 81 went to Balti-
more and was successful in having
YOU put on the list"
Mr.. Moore was asked if he ever
said he would "get even" with Judge
Dayton.
Il did not" replied Moore. land
neither he, nor his son, nor his coun-
sci would tell me that to my face"
Took His Secretary.
Mr.. Moore added more interest to
the proceedings by stating that his
private secretary, Frank j. Owen, had
suddenly left his service and entered
the service of Arthur S. Dayton, the
change occurring since last Friday,
after he had testified against Judge
Dayton in Wheeling. He identified
letter written recently by Arthur 5.
Dayton, to Owen, showing that the
Dayton's had got into his private bust
ness and reached his private secre-
tary.
81 looked upon Judge Dayton as my
friend" he said, "util he betrayed me,
and now they have induced my pri-
vate secretary to betray me-"
Asked why he asked Judge Day;e
to get him a free pass, he said: 1--WE.
knew he was pretty strong with ii
b. & o."
A Sample Case. -
A sample of Judge Dayton's de :"
Isions was shown in the testimony OF
Harry Blaney.
T II worked" he said,." for the B. &
10. 5 years at Grafton and years al
Parkersburg. Part of my work was
to carry the company's mail the
length of the yard, about mile. This
Twas usually done by riding on. a yard
engine. On Nov. 6, 1911, and
others were riding to the passenger
Istation and the foot board, defective,
igave way and we were thrown beneath
the engine. Two were killed and
lost my right leg. sued for damages
and it was year before could get
it to a trial, and then Judge Dayton
was most unfair, refusing to allow
witnesses to show the danger as part
of my work, or that it was a custom
for years for US to so ride, that the
company expected it, and actually pro
vided engines for that purpose. Once
the Judge stopped witness and said
Well, I'm waiting for the defense. to
Eobject to that evidence. had abso-
lutte proof that the engine was out Of
Erepair, but the judge would not per
NIT it to be taken. At lunch hour my
lawyer told me that Judge Dayton
told them he intended to throw my
case out of court. When court re-
convened, Judge Dayton. made a
speech to the jury, closing with the
words I'VE. the jury find for the de-
PENDANT And so my case was
thrown out, although the district at
torney, unsolicited, asked that it be
given to the jury. / could not appeal
the case because had no more
money, and my lawyer told me that
Judge Dayton's rulings kept me from
Having evidence enough in the record
to use for an appeal Mr.. Taveimer,
my attorney. said he could not afford
to antagonize Judge Dayton, as he
had other cases before him, and fear
ed his III will"
Favoring EIkins.
How Big Business gobbles up little
business, with the aid Of the courts,
was the burden of the testimony of
a. C. Fulmer. Of Akron, O.. He testi-
fed that he bought coal mine near
Morgantown from the MorgautoWn &
Kingwood railroad. then owned by
George C. Sturgiss. With It he got q
contract pledging the company tc
furnish cars and haul coal nom his
siding. Davis Elzins secured control
Of the road and gradually reduced
Fulmer's supply of cars. until finally
he could get none at an He sued to
enforce the contract and the case was
before Judge Dayton. After long and
costly litigation he was called to
Washington by Senator Elkins, who
suggested that the case be srbitrated
and that Judge Dayton 70 The aEhitEa,