there is any dispute about it, and for such additions as they may want to have made. * * * * The CHAIRMAN. Pursuant to the agreement some days ago, I wrote to a certain number of witnesses the following letter: MAY 16, 1924. DEAR SIR: A subcommittee of the Committee on Privileges and Elections, which is considering the Peddy-Mayfield senatorial contest, would like to know whether any money was solicited of you, or raised or given by you, either directly or indirectly, in behelf of Senator Mayfield, either in connection with one of the primaries or the general election, and if so, the amount, and the general circumstances in relation to the transaction. The I am inclosing a franked envelope which will bring your answer back. committee will very much appreciate your cooperation in this matter and hope for a reply as soon as it may be convenient for you to send it. Very truly yours. SELDEN P. SPENCER. I have received one answer, which should also go in the record, from Mr. W. G. Kelly, vice president and cashier of the Central State Bank of Dallas, Tex. It reads as follows: Hon. SELDEN P. SPENCER, Committee on Privileges and Elections, CENTRAL STATE BANK, Dallas, Tex,, May 19, 1924. Room 443, Senate Office Building, Washington, D. C. MY DEAR SENATOR: Replying to your communication of the 16th instant, erroneously addressed to "William Kelley, cashier, Central State Bank of Dallas, Tex.," I beg to state that no funds were solicited of me, neither was any given by me, either direct or indirect, in the interest of Senator Mayfield in connection with any of the primaries or the general election in this State. I believe this answers specifically the question in your letter, and trust it will serve your purpose. Yours very truly, W. G. KELLY, This information does not seem to be in line with the information desired. Perhaps the mistake was my own, and I will write him again. If there is nothing more to-day, we will stand adjourned until to-morrow, (Counsel for both sides having agreed upon certain portions of the record in the Corsicana case which should be printed in the record of this investigation, their memorandum and agreement are as follows:) The testimony desired to be printed, as shown by the attached sheet, will be found marked in the copy of the record submitted herewith, as follows: Pencil brackets on pages 1 to 40; 50 to 52; 52 to 125; 128 to 179; 208 to 248; 252 to 279; 286; 357 to 399; 403 to 419; 420 to 431; 436 to 451; 459 to 464. MEMORANDUM RELATIVE TO PRINTING OF CORSICANA RECORD AS A PART OF THE RECORD IN THE PEDDY-MAYFIELD SENATORIAL CONTEST The testimony in full of the following-named witnesses, together with documentary evidence introduced in connection with their testimony, as contained in the Corsicana record, is to be printed as a part of the record in the senatorial case, the witnesses named being the following, to wit: Earle B. Mayfield, Ben C. Richards, jr., D. E. Lyday (together with campaign expenditure statements contained on pp. 72 to 117, inclusive, of the Corsicana record), J. H. Ainsworth, Atticus Webb, George B. Latham, Mrs. Willie Farmer, S. G. Follensbee, J. H. (Cyclone) Davis, W. V. Helm, Fred W. Frost, L. M. Ballowe, I. S. Graham, R. E. Lynch, M. D. Brown, R. E. Erwin, Lee R. Davis, John Rose, Jim Pippin, Jack Ray, and Fred W. Malander. In connection with Mr. Mayfield's testimony there should be printed the entries from his memorandum book, contained on pages 396 to 398, and the letters of June 3, 1922, and June 4, 1922, contained on page 286 and on pages 50 to 52, respectively. In connection with Fred W. Frost's testimony there should be printed the letter and check contained on page 451 of the record. The pages containing the testimony and documents above referred to are shown in the index attached to the Corsicana record. The testimony of some of the witnesses mentioned was given by deposition, and in connection with their testimony a exhibits attached to such depositions should be printed. The testimony offered by the contestant without objection on part of contestee, with the agreement that either contestant or contestee may hereafter, if either so desires, introduce other portions of said Corsicana trial as shown by the record. W. P. MCLEAN, Jr., Attorney for Mayfield. LUTHER NICKELS, Attorney for Peddy. (In pursuance of the above agreement and memorandum, the following portions of the record in the Corsicana record referred to are printed.) State of Texas, ex rel., C. E. King, et al., v. S. L. Staples, Secretary of State, et al. In the district court of Navarro County, Tex. October term, A. D. 1922. No. 12210. Appearances: Luther Nickels, of Dallas; W. W. Nelms, of Dallas; Richard Mays, of Corsicana; J. S. Callicutt, of Corsicana, for relators and plaintiffs. McLean, Scott & McLean, of Fort Worth; Hart & Patterson, of Austin; Phillips, Trammell, & Caldwell, of Forth Worth, for respondents and defendants. Preliminary matters having been disposed of, the following proceedings were had before the Hon. Hawkins Scarborough, judge presiding, and a jury, to-wit: WEDNESDAY AFTERNOON, OCTOBER 18. The rule having been demanded by the defendants, all witnesses present were duly sworn by the court and instructed as to the rule. Mr. EARLE B. MAYFIELD, called as a witness by the relators, testified as follows, to-wit: Direct examination by Mr. NICKELS: Q. Your name is Earle B. Mayfield?-A. It is. Q. You are named as one of the defendants in this suit?-A. Yes, sir. Q. You reside in Bosque County, as I understand it, and have your official residence in Travis County?-A. My residence is Meridian, Bosque County, Tex. Q. When did you first become a candidate for the Democratic nomination for the office of United States Senator, with respect to the primaries of 1922?— A. I can't just exactly say when I did first become a candidate. I discussed it with friends over various parts of the State last fall and wrote letters to quite a number of prominent citizens over the State, but never received much encouragement. I made my announcement as a candidate for the United States Senate on February 25 of this year, and my opening speech at Waxahachie, Tex. Q. I will read you the definition of a candidate, within the meaning of this. act, afterward leaving it to you to fix the date?-A. I will supplement that statement by saying I filed my application with Mr. Frank C. Davis, of San Antonio, Tex., State chairman of the Democratic executive committee, and with Mr. J. W. Hale, of Waco, secretary of the State Democratic executive committee, asking that my name be placed on the ballot as a candidate for the United States Senate sometime, say, in May or June, I think; I will not be positive. Q. I thought the time limit expired on the first Monday in June?-A. It was some time before that. Q. Now, here is the definition of candidate: "For the purpose of this act the word 'candidate' shall be taken as referring to any person who has announced to any other person or to the public that he is a candidate for the nomination for any office which the laws of this State require shall be determined by a primary election." Now, reflect on the matter and fix the time as near as you can, without attempting to be absolutely accurate, when you first announced to any other person that you were a candidate for such nomination.-A. Well, Mr. Nickels, I remember one day last fall very distinctly when Hon. Allison Mayfield, chairman of the railroad commission, came into my office and discussed with me the advisability of my becoming a candidate for the office of United States Senator. I may supplement that statement by saying I am also a member of the Texas Railroad Commission, and he took up with me the proposition of the State railroad commission having lost their rate-making powers. That Congress and the United States Senate together had practically shorn the Texas Railroad Commission of its powers to fix rates, and that the Interstate Commerce Commission had placed upon the shipping public of this State unreasonable and excessive freight rates, and suggested that I make the race for the United States Senate on that issue. He said that the people of Texas had been good to him and had also been good to me, and told me he was too old to make the race; that I was physically able to do so, and that I should make the race for the United States Senate and explain to the people of our State exactly what had happened in reference to the transportation question. I told him I would consider it-take it under consideration, and I did so, and I found, as you know, that the people of the State Q. That's all right; but let's hurry along. I want somewhere about the date you first announced.-A. You asked me to state the first person I talked to about the matter. Q. I did not ask you to state what was said between you, and I move right now that you answer the question. The COURT. The date is all he is after; not what was said. A. I can't say exactly when, Mr. Nickels, or to whom. I talked to so many people about it, and nearly every fellow I thought would have any influence in politics in this State, when the occasion would present itself I would mention to him the proposition that I was considering becoming a candidate for the Senate, and see what they thought about it. But now, just to say the first person that I told I was going to be a candidate for the Senate, I can't say that; I don't remember it. Q. Broadly speaking, will you say that it was prior to the 1st of January, 1922? A. Yes, sir. Q. Could you get at it any more definitely than that?-A. It might have been back in October or November. I wrote letters to various representative citizens over the State, and whenever I was going anywhere, Dallas, Fort Worth, or Houston, I would suggest the matter, just like a tentative candidate would do, whether for a county office or a state office. Q. All right. Now, I believe you have stated in your answer that Mr. Lyday subsequently became your campaign manager, and Mr. Ben C. Richards, jr., your assistant campaign manager.-A. Yes; that is correct. Q. Now, fix as nearly as you can the time Mr. Lyday first commenced to act as your representative in connection with the campaign.-A. Well, Mr. Lyday came to Austin sometime shortly thereafter, I think sometime in March, and my recollection is he did not remain there regularly then; he went back to Dallas at different times, and to different places, but he was working in the office with me there, making up lists and getting things in shape, and finally when I began to tour the State-I think about the middle of April, he took active charge of my State headquarters, which were at Austin. Q. Did you maintain an office force in the headquarters there?—A. He did, yes; under my direction. Q. And you place that from sometime about the middle of April?-A. Yes; I think so. Q. And from that time on he remained there as your campaign manager?—A. Yes, sir. Q. When is the first time, approximately, that Ben C. Richards, jr., became connected with your campaign?-A. At first he was associated with the Dallas County Mayfield Club in the city of Dallas, and that was about March 21, I think; and about four or five weeks after that, along about May 1. Q. Along about May 1 is when he became assistant campaign manager of yours? A. Yes, sir. Q. And from that time on he kept that position up until the second primary was over?-A. Yes; August 26. Q. Where was he located, or had any office?-A. He had no headquarters for He was located in Dallas in the headquarters of the Dallas County Mayfield me. Club. Q. Rooms 115-116 in the Oriential Hotel?-A. I think there was another room; I think there were three. Q. Do you recall the number of it?-A. No, sir; I do not. Q. Did you have in your employment in Dallas any person by the name of I. Dillard?-A. Not that I know of. Q. Did you know any person by that name around the headquarters?—A. I never heard the name before. Q. Was Mr. Gossett Greer in anywise connected with the establishement in rooms 115-116?-A. He had no official connection with my campaign. Q. Did you see him about there?-A. Yes; whenever I would be there. Q. And you claim he was connected with the Dallas County Mayfield Club?-A. Yes; that is my understanding. He was not employed by me. I think he did special work from time to time, for which services he was paid by Mr. Richards. Q. I believe you started on your regular speaking tour, regular list of speaking dates, about the 25th or 26th of February?-A. Yes; Waxahatchie, Tex., on February 25. Q. Then you thereafter made speeches at various points at various periods until the campaign got well under way?-A. From February 25 until the middle of April was irregular, in and out; the campaign had not opened up thoroughly, and when the labor convention met in El Paso, Tex., about the middle of April, I began a regular speaking tour that carried me to various parts of the State. Q. Do you remember having made a speech in the city of Dallas on June 3?A. I think I spoke in Dallas on June 19, Monday, during the first primary, and July 15 in the second primary. Q. You were at Dallas twice during the first primary, two speeches there?A. Let me recall, I spoke in the city hall on Monday the 19th, then during the second primary I spoke at the park on July 15. I made a talk before some woman's club in the Adolphus Hotel during the first primary. I spoke at Sulphur Springs that afternoon and got into Dallas about 7 or 8 o'clock. I don't know whether that was the 3d or not. Q. According to my list your Sulphur Springs date was on June 4 and your Bonham appointment was on June 3. Are those dates correct?-A. I don't think they are. Bonham and Sulphur Springs-I know that is not correct, because that jump is too far. Q. All right. Do you know Mr. Mike McNamara?-A. Yes, sir. Q. What official position does he hold with the Railroad Commission of Texas?-A. Deputy oil and gas supervisor. Q. Where was he located during the year 1922?-A. Graham, Tex. Q. All the year up to now?-A. Yes, sir. Q. Still there? A. Yes, sir. Q. Mr. Mayfield, state whether or not you wrote any letter during the campaign to Mr. McNamara asking him, among other things, to organize clubs in your behalf? A. I think I did, yes; I think I wrote to all of the deputy supervisors from time to time asking that they do what they could to advance my interests in their territories, and I think I wrote him a special letter about organizing a club, because there was a club organized at Graham, Tex. Q. Do you know Mr. M. K. Graham, at Graham, Tex?-A. Yes, sir. Q. And A. A. Morrison?-A. No, sir. Q. Or Mr. I. T. Gilmer?-A. No, sir. I went to school with Ed. Graham. Q. State whether or not you received from Mike McNamara, by mail or otherwise, on or about the 3d or 4th of June, 1922, the sum of $200 in currency?— A. No, sir; I received no funds whatever from Mr. Mike McNamara. Q. During the campaign?--A. No, sir. Q. State whether or not on June 4, 1922, you sent Mr. McNamara a letter, over your signature, acknowledging receipt of a letter from him the day before, June 3?-A. No, sir; not with reference to any money. Q. Without reference to what it was about, but with reference to the date, I want to hand you a copy of a document and see if you can identify it? [Handing paper to witness.-A. Yes, sir. Q. That is your signature to the letter?-A. Yes, sir. Q. You dictated that letter at Dallas and signed it and mailed it to Mr. McNamara? A. Yes, sir; I think it is dated at Dallas. Q. Well, here's the envelope. [Exhibiting.] Now, the opening sentence of this letter you have just identified is this: "I have just received your kind letter of June 3, and contents carefully noted, and wish to assure you that I was delighted to hear from you." Do you recall having received any sort of a letter from Mike dated June 3? A. Yes, sir; he sent me a letter. Q. Have you that letter anywhere in your files?-A. No, sir; I left all that at the Dallas headquarters. Q. In whose possession did you leave those files?-A. With Mr. Richards. Q. Do you know whether or not he preserved them?-A. I don't know; I presume he has them. Q. Are you willing to request Mr. Richards to examine the files and produce McNamara's letter in court?-A. I shall be very glad to do so. Q. To refresh your memory, didn't that letter come by registered mail?—— A. Yes, sir. Q. Don't you know?-A. I presume it came by registered mail; it was handed to me when I came in. I did not sign for any registered letter myself. Q. Well, there are a lot of clerks to send to the post office to get registered mail. As I understand it, that's pretty near necessary at a campaign headquarters. Try to refresh your memory further about the matter. Isn't it a fact that in that letter, that registered letter from McNamara, was a package of $200 in currency, which Mr. McNamara stated in the letter he had collected from Mr. A. A. Morrison, I. T. Gilmer, Mr. Ed Graham, and M. K. Graham, all of whom resided at Graham, Tex.?-A. No, sir; Mr. McNamara never wrote me to that effect. Q. Now, refresh your memory as best you can and tell us what was the subject of that particular letter?-A. Some several days prior to that I had spoken at Graham, Tex. I had an engagement to speak at Graham, but I did not get to speak, to fill the engagement, on account of their being an annual banquet given by the commercial association of that city, and I called off my speaking engagement and went to the banquet and made a little talk. The next day Mr. McNamara drove me from Graham, Tex., to Breckenridge, Tex., and I requested him to get up a list of the various oil men in his territory and leading friends of mine. He had a certain territory out there. That was not confined particularly to Graham, Tex., and Young County, but all that section of the oil field, and he sent me a list of those supporters, and that was all there was in that letter he sent to me, and he never wrote me a line about raising any money from either of the Grahams or Mr. Morrison or the other gentlemen. Q. Did he say anything about having collected it at all, without calling the names? A. No, sir. Q. You are positive no currency was sent you in that letter? A. Yes, sir. Q. You just mentioned the fact of having been at Graham, Tex., and Mike McNamara drove you across to Breckenridge in an automobile?-A. Yes, sir. Q. Well, on that trip did you request Mike McNamara verbally to try to raise some campaign funds for you?-A. No, sir; I did not. Q. Now, this will turn out to be a right important matter; I want you to reflect on it and refresh your memory as best you can, and want you to be positive on that point.-A. No, sir; I never requested Mr. McNamara to raise any funds for me at all. Q. When was the last time you saw Mike McNamara?-A. Sunday, a week ago, I believe. Q. Was that the 7th of October? Do you recall a precept having been served on you the 6th or 7th day of October, to which was attached notice of application by the plaintiffs to take the deposition of Mike McNamara and various other supervisors, and to which was attached copies of direct interrogatories?—A. Yes, sir. Q. When was it you next saw Mike McNamara with reference to the time those papers were served on you?-A. A few days afterwards. Q. Who is Mr. J. W. Hassell?-A. Head of the oil and gas department of the railroad commission. Q. He stays there'in the office the most of the time, I presume?-A. Yes, sir. Q. And his office is with the railroad commission?-A. Yes, sir. Q. State whether or not on or about the 7th day of October you asked Mr. Hassell to wire Mr. McNamara to come to Austin?-A. No, sir; I did not ask him to wire him. Q. Did you talk with him about it at all? A. Yes, sir. Q. Did he say anything about having Mike to come to Austin?-A. He said he was going to wire for him to come. Q. And he did wire, didn't he? A. Yes, sir. |