The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-02-25
According to Story of Witnesses
Government Paid His Per-
sonaI Laundry Bill.
Also for Working
His Garden atch
In His Defense Judge I cstihes
He Thought Allowance to
Court Was to Enable Him
to Keep Man-Servant.

Washington, Feb ga dozen or
so witnesses appeared before the
House Committee on the Judiciary in
the inquiry into charges that have
been preferred affecting the official
conduct of Federal Judge A. G. Day
ton, of West Virginia.
\ 6. Fulmer. OF Morsantown, w.
Va. a coal operator. testified that he
had four Years litigation before Judge
Dayton with the Morgantcwn and
Kingwood Railroad, OF which Davis
Elkins was president. Davis Elkins
is q son OF the late Senator Elkins.
4 according To the witness. Senator FL
kins called Fulmer to Washington
and suggested that the case be aroi-
trated by Judge Dayton. The witness
testified tina: Judge Dayton was pres
snt at the conference N Senator Ell
kins' office. Fulmer agreed to the
selection of Judge Dayton As aroitra-
tor. All the parties. according to
the witness, returned to West Viz
ginia and shortly thereafter Judge
Dayton made an award adverse 20
Fulmer Asked why he had consent :
ed to arbitration. Mr.. t'uimer salo.
! 1T was six of one and half = doScn
| of the other
Used Position 70 Obtain Loanr
/ Those proceeding against Juoge
/ Dayton undertook to show today that
1.-THE jurist had used his Official position
| in obtaining loans At various banks IN
West Virginia. Five cashiers OF West
Virginia banks gave testimony that
/ Judge Dayton had obtained loans from
the banks aggregating $4,000 Upon
the statement OF the facts. members
! of the committee suggested tnat TINS
line of inquiry should not be taken
iuu unless evidence could be produced
definitely showing that undue infiu-
ence had been brought to bear by the
judge.
Among the charges made against
Judge Dayton liz one that he en-
ployed household servant. colored
man, carried on the government pay
! roll as a messenger to the court. This
messenger showed up In person today.
He is Festus Newman. an aged colored
man who was accompanied by his wife.
Uncle Fes," as he was called by mem
bers of the COMMITTEES. testfhed that
he took care Of the judges COW. the
horse of the judges son, and that he
worked at times in the garden. His
wife was the judges cook and the
: NewmanS were COHlpcHSAt0a ny tHe
/ $40 check that came as n part Of the
| expenses OF the court. Asked how
much time he spent around the court
Uncle Fec" replied that he did not
spend any time there.
| sPlace In De Garden."
dat was not my place." he said.
my place war in de garden
| The witness was asked II he was
still employed. He replied in the mega
! tive. He was asked when he left He
said he could not recall. but thought
| that IL he had held his job and con
tinued to draw that $40 a month he
would have been a rich man by this
/ time. Uncle Fes' wife testified that
she has cooked, washed and ironed Tor
the Dayton family for at least ave
years, but had never received any pay
from the Daytons. She said her com
pcnsation was supposed to be one
half of the $40 which Uncle Fes re-
| ceived from the court.
| Judge Dayton took the stand late In
the hearing to answer the charge that
Ihe had taken part in a conference with
Mr. Fulmer in Senator Elkins once
The Judge said he was in Washington
at the time. but that he had not dis.
! cussed the case in which Fulmer wal
a litigant in Senator Eikins' once.
/ Judge DAYTON also asked permission
to answer the statement OF Uncle Fes
and his wife. The judge said that h<
understood the allowance Of So
granted tho court was to enable him
to employ n man servant.