The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-02-23
Judge Dayton Takee~S ~S1and In Own Defense
ENTERS GENERAL DENIAL
TO ALL CHARGES MADE

{, served with me in Congress. and then
| but casually"
did you have a talk with C. ID.
Elliott about it,"
Could Not Remember.
Il had no talk with Elliott about
his business at Atlantic City. have
no recollectioh OF meeting Elliott
here or anywhere else and talking
with him about that incident. have
studied II over and over in my mind
and cannot recollect that I discussed
with him this subject. nor did have
! any talk with any man connected
with the Investigation OF Judge Jack
son at Atlantic City. No recollection
OF having talked with a detective
named Burk. II was ten years ago
and Il is difficult to remember all
things that far back, but I cannot
recall having had such conversa-
/ tions"
Asked IL he had talked with a
secret service man named Trainor,
Judge Dayton replied: II can only
say thatI have not the slightest recol-
lection of IL. | heard that an inyes-
| tigation OF Judge Jackson was being
made. ! was very careful not to dis
cuss the subject with any one"
Witness admitted that his nomina-
ton had been made the evening OF the
day Jackson had resigned: that he
had been attorney for the B. & -.
company in Barbour county prior TO
becoming judge, and that his son, Ar
thur s. Dayton. was local counsel for
( the same company now.
2 Asked II he knew that Jackson had
been paid $4,000 or any other sum
to resign, the answer was: Il do not
know that Jackson was paid money by
the p. q o. have made no attempt
to find out. ! did not ask a soul II II
were true"
Isn't II strange that you tried not
TO find out?" inquired the committee
chairman.
] will say To you in all candor.
7 and upon my most solemn oath. thar
i heard this statement Of n payment
: OF money for the first time last F'ri-
day al the hearing of this committee
at Parkersburg." was the answer.
Read Letter From Roosevelt.
I Witness then read into the record
the letter 10 him from ex-President
Roosevelt (May 26. 1914.) . in which
tho writer took the responsibility OF
having ordered invssnSation of Jack
eon. and declared that he was in
Hssnes4 W no ons I'm his appointment
OF Dayton; that he had high regard
for the latter's ability and personality,
and the appointment was a personal
one so far as ne was concerned.
The balance of the afternoons ses-
sion was taken up with denials and
I explanatory testimony bearing on
each charge in the indictment. The
witness was very full and explicit.
/ emphatic al all times. and never hur-
! fied In giving his side OF the case.
/ lie told the history OF the Hitchman
coal case. which was the one that
/ brought the miners union In conflict
with the court in the Wheeling dis
| trict. He. however. did not recall
I that he had said that he would send
| John White. president Of the United
! Mine Workers. TO jail for year II
he bad him in court"
! He acknowledged that he had held
/ II a criminal organization insofar as
y u had 10 do with that particular case
/ m his court. He denied furnishing
I lists OF jurors to the court clerk, OF
I engaging In politics. OF favoritism in
I appointment Of court officers. and OF
I dHcharging his court crier at Phllppi.
! because later a. s. Chenoweth de-
clined 10 support 4. 5. Scheer in nom
nation for Governor. He said he dis
charged Chenoweth for appearing
/ for duty intoxicated. and he filed two
anidavits in support Of this.
The 3. & o. Case.
/ He took up. one by one. the four
cases In which A. S. Dayton appeared
+ In his court representing the y. & o.,
showing that the road had pleaded
guilty In one case. had won fury
verdict In another. that the others
O we're appealed by the railroad com
pany. lie denied having advised w
+ -. SOmers. OF Morgan county. to
b settle case with tho %. d o.. and
] That it was settled. and filed an am.
dayit by Somers 20 substantiate his
i testimony
The Dayton testimony. for the
rr-ater part. was substantially what
was contained in the extensive brief
I which be- hlcd with the committee last
June. and the Rist Of which has been
published, together with aII amdavits
then nlod and a few additional ones