In the mouth of March sent a commu- uicatiou to the Boards of A|erine.n and ftm- mou Council proposing J'let the city of Mo- bile have my place ou ,-overiuneut street road for a public dumping-round, and to receive all night soil, depAnlmals, &0., free of any chai-ge or -o,tjJiae to the city. My reasons for so o ,vere: Five years ago X started the iw.niifacture of fertilizers and cleaning vaults, hauling dead auituals, &c. While engag' din my business J found that there were a num- ber of persons engaged itl cleaning vaults, $O., who dumped their night soil, &c., in the < ’hoc- taw swamp, One Mile (!re«k and swamp, and other places inside the city limits, thereby creating a great nuisance. I knew th.it if tins mattfcr was brought to my place, I could, with my knowledge of disinfectants ami the busi- ness, not only abate a great nuisance to the city but manufacture a very valuable fertili- zer. My communication was referred to me Joint Hospital Committee. Dr. Toxey, the duwfmau of that committee- came to my of- fice sevonA times for information in regard to my Couimunlcfttion and .m.,M,iuir ground. After several conversations with him , ‘ - vi the matter, I said it would be a good thing fur the city, as well as myself, if they won 1;! ac- cept of my place; as I asked for no mono i>iy. only this: that those parties who wer* clean- I asked Dr. Cochrane Ms opinion as to what steps I ought to take, to prevent those parties from ruining me, stating to him that I would have nothing to do with any joint stock com- panies, as none of them knew anything about the business I would have all the labor and trouble, and they would have their, share of any money there was made without any out- lay or labor on their part, except working the contract througa tile si \ .. sir. Cochrane agreed with me and said he thought he could help me. After this Dr. Toxey told me sev- eral. times to see Dr. Cochrane, as he could •assist me. I saw Or. Cochrane frequently who told me not to be downhearted, that he Rad considerable influence with the Committee and the Boards, and he had no doubt but he could tlx things all right. After that I did not hesitate to talk about the dumping ground to Doctors Cochrane or Toxey. A few days after this T saw Dr. Cochrane who told me that he had seen Dr. Toxey, and that everything was all right, but that i t would require some ready means to pay current expenses, audit he had that he could set things working. 1 told him T would see. him again shortly, i did not know where to raise any money' Just then, for as usual I had none. About this time, I was do- ing some work for Mr. W. A. Alexander, and I proposed to him to join me in my business provided I obtained the dumping ground, after he had ma le some inquiries about me from . some gentlemen that knew me, he consented to take an interest in. my business, provided I ‘‘lri [lie a aemr. mv .arrangement with him was, he was to advance me one thousand dol- lars to buy more teams, build sheds, &c„ he J to be secured by a mortgage bill of sale on mv/ teams, stock, &c. should I produce this con-/ tract, then this to be taken as part of the pnr4 chase money for his interest. He advanced* me the money not knowing what use 1 was* about to make of it. Shortly after I went to Dr. Cochrane’s office and gave him the means to pay current expenses.’ After the delivery I asked Dr. Cochrane when he would see Dr. Toxey, ho said about 10 o’clock. About eleven i won t back to Or. Coctiviuic's office aud asked ‘lim d he had seen Dr. Toxey; he said he had, and ; a at everything was all right. After leav- ing his oilioe I went past Dr7 Toxey’» office, and 1 asked him if he had seen Dr. Cochrane that morning. Ho said, yes, he had. I then asked Dr; Toxey whether he (Toxev) and Dr. Cochrane understood each other. * He said, yes—all right. That was about two hours I after the money had been paid over to Dr. Cochrane. Shortly after this Dr. Toxey, in com- 1 pauy with another member of the Hospital i Committee, came out to my place and inspect- ed my premises, and I seated to them frankly • what alteration 1 intended to make if I got the [ contract. On the first day of June Dr.'Toxev , .came to me, aud asked me to make out my ! proposal and give it to him. 1 told him it was too Soon, .i., vwA.bi'l proposal* bad not been 1 advertised for yet. He said he would go then' '. aud have it advertised. On the last day I named for receiving proposals', ! left my sealed | proposal with the City Clerk.'' The same eve- ; uiug I asked Dr. Toxey, u, ofti.ee, whether i the committee would meet that evening ? He I said no, he could hot gat the committee to- gether. He then asked me where my propo- sal was ? I told him with the City Clerk. He then said, why did you not bring it to me ? I said I thought I had left it at the right place. Next morning I went to his office again, and said, if you wish my proposal I will go aud bring ic to you. He said that he had been to the municipal building the previous evening, and got it himself. He then proved by his con- versation that he had opened my proposal. I was very much surprised that my sealed pro- posal should be taken out of the office of the City Clerk, taken to Dr. Toxey’s office, and opened before the committee met. At this time my proposal was the only one that had ■'j' —. i'iHwjAi * had expired. Soon after this the time was ex- tended, and sealed proposals advertised for i again. All this time my proposal lies open iuDr. i Toxey’s office. Shortly after the second adver- | tising the committee met, aud at that meet- ing I learned that Dr. Toxey said my proposal ! could not be entertained, as I had tried to j bribe him. At this time there are two other j proposals in—one of these1, from Dr. Savage, a brother-ill-law of Dr. Toxey. After the com- mittee adjourned, I met Dr. Savage and Dr. Toxey on St Bvaanuel street, and wo went in to John fjTyer’s saloon and took a. drink. Dr. Savage there told iu<> that no person had - got the contract, as the Committee had ad- | Journed to meet on the following Friday. S j also heard about this time that Dr. To£ey had ! told the member of the committee who was i with him when they came out bo my place, that he had never been there before, and did i not know where my place was. Now, I can 1 prove lie had been there before, for i mob him •; myself as ! was going hofne, he coming my place, f then had a long talk with him, and showed him where I proposed placing lights and other conveniences for the teams coming there with night soil during the night, and when I got in my house my boy-told me that Dr. Toxey had been questioning him all about my business—how I kept down all smells; what disinfectants I used; what chem- icals; charcoal ashes, swamp muck, etc., just such questions as a man would ask who con- templated going into the same business. I wrote a communication to that other member of the committee, telling him of these facts, and offering to prove what I said. And 1 heard me back tho money I Pay currant expenses. I then bad to let Mr. Alex- ander know the truth alvut the disposition ot tho r jney. After I IpM made the statement to hi a, ha asked me to with him to Mr. A. J. Hamilton, one of tb« Hospital Committee, and Ifct him know the tacts that I had stated to him. I did so voluntarily, and stated to Mr. Hamilton the suOstanoe of the foregoing. Ithor began to try to get my money from Hr. ■ couukmv. After several applications i re- ceived three hundred ($300) dollars, with the promise of the balance shortly, as he said he. was waiting to get returned two hundred ($200) dollars that he had used in this business. Abouvthks time I heard that au investigating comnitteo was to be appointed. I went again to Dr; Cochrane to get my money, and he pro- misedto pay mo the amount that the city was owing him on account of his salary as Health Office? on the first of August. I was afraid the Biards would appoint that committee be- ° "re tie first of August, and I wrc':e to Coun- liiKU I.eiiikauf asking him to ti ami post- pone appointing that committee until after the fint of Autgustj as I had a chance to get some .of my money back at that time, but iie committee was appointed, and on A'gifst Jid, 1 received a note from Dr. Cochiu\e, 'asking me to come to his office the follow,!Ig night at 7 o’clock precisely. I went, and ttok a friend with me (he waiting out- side)., I was taken into the back room, the door locked, Dr. Cochrane putting tho key in ■> f ■>.!• so. vi -r conversathm he pro- he following paper: “MciHiTS, August 3d. 1873.—-In consequence of earnin'rumors, and for the information of all Co, erned, this is to certify that I have ne- ■ vev gfc;en or paid to Jerome Cochrane any sum. Of uui'.ey, large or small, for any purpo-sej i whntoer." Hsiaid he wished me to do him tho favor to sign i In one hand he held a roll of money, in th'other a pen. He said sign this and the j mou.y is yours. He said, sign it, Smith, for . tho site of the good I would have done you; | for tlr sake of Christianity and generosity. I did mt intend to sign it, but said give me the mom ■ first. He would not do it. After three hours trying, I concluded to have that paper, and I did get it, by what means Dr, Cochrane kuow« Now lam invited to appear before the Investigating Committee, and when 1 saw three gentlemen on that committee who I knew were in favor of Dr. Toxey, I concluded not to say anything unless that committee was changed. When I went into the committee room I called Mayor Parker and Councilman Anderson into tijP Mayor’s private office, and stated t'< ctem that I wished to state frankly and rraely. all about my connection with the ■l imping ground, but that I declined to do so no loss that committee was partly chang- ed- ,‘*o Mayor am a no han no power to change the committee and advised me to tell the committee what I knew. I look- ed upon that committee as a jury, and I be- lieve I had the right to object to those gentle- men who I believed favored my enemies, and who doubts but that I was correct when they read the report of the committee; and I would like to ask here, why is it, that the report of the committee slandering me, is published to the whole world, while the testimony upon which they base their report, is not allowed to be published, but kept among a few ? When I see that the report of the committee is not unanimous, and that there is a minority re- port signed by one-third of their committee, I cannot but believe that the report was a fore- gone conclusion. Somebody had to be the scape-goat, and whoso fit as Smith? Now let me ask any candid person to read the report of the committee, and the testimony, “ if they Can yet It,’ a d .tell me if they eaaaot sec the venom ’ ‘ Jf .-j atfr .imx .w-o.vi •> ■ i/jtx'&iuli:.us*. of tin. t;6ardof Aldermen who wish to see jus- tice done. For after postponing action on the report’ of the committee for several weeks, when they do_ meet, to take action on the reT port, the motion to adopt the majority report of tin? committee is lost, but here one gentle- man not knowing which way to vote, is allow- ed to change his vote after voting with the ina- jorit ', and the final result is, the majority re- port of the committee is adopted by a majority of t wo. What an overwhelming victory for the society! Now there are a few things I would like to know. How could Dr. Toxey come to me on the first of June, and ask me to maka outmy proposal and give it to him? If my proposals to him in March, wore so repulsive bo him? was some friend going to put in a pro- posal and wanted mine for a guide? How could he keep that fancy chair closet after 1 had unde such base propositions to him? Why did he inspect my place on Government street scverni times, and examine into my business '• raii!>cuiuui/5 tiiou, ,ni..i seem to be : » parfcicu- mr to fi.vi outflow I. managed the business? How could ho stand it to come so often to my office and be so friendly with me after such base propositions had been made? I could al- most believe that Dr. Toxey and Dr. Savage were the two others “not mentioned'' in Messrs. Moses and Fort’s propositions to me? and how could Dr. Toxey after telling fchc.eom- mittoe that lie could not think of entertaining my proposal, that I was so low and base as to approach him with a bribe, that same evening come in company with Dr. Savage, and invite me to take a drink with them, which invita- tion 1 accepted, and we went into John Mey- er’s .saloon and drank together. Dr. Toxey paying for it. I cannot see how Dr. Toxey could force his feelings to that extent. Had I Icnor -then, what I donow, I am sure I would not nave drank with him. Was it not a great error of judgment oil the part of Dr. Toxey to urge the claims of Smith before the boards in the mouth of March last? But thou there were no other bidders—it was later that Dr. Sav- age got to be a bidder, and it seems to me that it w i-s only then that I am found to be such si base fellow. Bat it seems to me that although the committee was appointed to investigate 'the Conduct of the Hospital Committee, and city • ■'Trials, they were more engaged in in- vest!. ntmg the conduct of W.H. Binith who testified how great a wretch lam, 1 will reply iu a few words. First, A. J. Moses says; ■ :Utei •our years dealings with me he finds me : wao- y unreliable as to truth and verao-tm I ‘ bnnectious with Moses were these: In j louj 1 bought a hugtry from him on us. but without going to a law lit, I paid Hose- my notes as they fell due, be desalt in- terest, costs and his lawyer’s fees voluntarily. So much for that. After that Moses and me ; mad, arrangements to go into the privy clean- ing 1 isbi§ss_ together. I had been iu corre- spon mce with Mr. Homer, of St. Louis, who i had < fi’cr,';d to let me have a machine ou eight months credit, but it was necessary for me to go b-Sc, Louis to leam how to work the ma- clime. it was arranged that Moses was to f.ir- nish lie with the money to pay the expenses of j my rip there, and he was to have one-third : iuteiest in the business. When I was ready | to go and had bid my family good-bye, I called on loses for the money, he told me he j had none and after waiting several days | for hi el to give me the money and he failing at the solicitations of other "parties, I made business arrangements with them ; but not unti1 'Atm- M >oo,= had failed to furnish me the vmm-.y to go to St. Louis with. Now, if Moses thoc rht 1 was such a bad egg, why did he wish to g> into the dumping ground business with me si few months ago ? Why did he seek me at »>y office and propose that hr (Moses), Mr. f l?vt' myself, with two others, should form a join! stock company, stating that he could get the lumping ground contract—the dumping ground to be ou my place. After that we should get a contract from the city, to clean out fil the privies in the city t v ten years—a contract that would pay ho said $50,000 per year; aud tell me that if I did uot enter into this agreement that my labor, wagons, teams, and all belonging to my business would be worth nothing to me. Yet, bad as this would make me appear,l declined to have anything to do with their ( job). I can say that sometimes, j I am mighty short of money, but still have always paid one hundred cents on the dollar for just debts. Perhaps Mr. Moses knows some who are perfectly reliable who cannot do that. Now, a few words in regard to my connections with Dr. (i. A. Ketchum, who also thinks me such a bad egg. In 1865) I at- tempted to start a joint stock company purpose of manufacturing Fertilizers, a great many business men in the city interested them- selves with me in it. We put in a petition be- fore the boards and after waiting four months for the committee to act, I was informed that it would <;ost $5OO to get the committee to act. I told Dr. Ketchum that if he would advance the price of one share ($500), he should have forty dollars taken off the price of his share. He gave me his note aud I went to Price Williams and had the mite shaved. On the same day 1 gave the Chairman of the (’om- mlttee live hundred (500) dollars, and lie gave me a note to the City Clerk, directing him to summons the committee together. I also, at noon of the ■ aine day, went to Dr. Ketchum's office, to let him read the note for his own sat- isfaction, as lie distinctly understood what the price of his share was going to be used for. After he read it lie said these > words : ‘‘Yes. Smith, grease always helps.” That day the committee passed our petition, as did the Common Council, when they met, but it was de- feated in the Board of Aldermen. I still tried to induce the shareholders to start work.— Some were, willing, some uot. Among the lat- ter, Dr. Ketchum. After this Dr. Ketchum demanded of me the amount of his note. I told him if I had the money I would rather pay him than that he should lose it, but that I did not have it, but that if each one of the shave- holders would pay their pro rata of the ex- panses incurred, I, for my part, would consider my loss which amounted to about four (400) hundred dollars, as nothing. In the early part of last summer, Dr. Ketchum came to my office and demanded of me an order on the city for ($105) the amount of my bill for work 1 had been doing on the (Tty Hospital . I told him I could not do it as f hud already given it to John H; O’Hara in part payment for a horse I iiad bought of him. Di-. Ketchum then said that he would ruin me in this city. I hear that Dr. Ketchum says I signed his name to papers I had no business to. This is not so. I did write Dr. Ketchum’s name with thirty-six (36) other shareholders names on my memoran- dum paper, not otherwise. Ido uot think Dr. j Ketchum means his signature to the proposal ' for the street contract, where he with two : other gentlemen of this city aud myself were i fco be equally interested, for he signed that himself iu his own office. But 1 take it for granted that his testimony before the Dump- ing Ground Committee, and the other reports he has spread, are the first steps towards ful- | tilling his promise to me in my office lap rani- ! mcr. lug vaults should, instead of duinpiu; Choctaw swamp, One Mile Creek, &0., be pelted to bring it to the public dumpw ground or uilte it ouoside of the city limits'. I said thui the privilege ’•' ■is worth xo !ue,'isTnrwTCS wiTmig to pay for it if noctvV- sary. I told him I did not have any money then, but that I could pay him one hundred and sixty-five ($165) dollars per mouth for the following months: April, May and Julie. Dr. Toxey’s manner led me to believe this was satisfactory. lam certain he did not try to appear “injured innocence,’ ’ for just before leaving my otilde he expressed a wish to have ;i fancy chair earth-closet he saw there. I tokl him yes ho could have it; he left his address where to deliver it, and in delivering it my man made a mistake, instead of leaving it at Dr. Toxey’s private residence he left it at Ills office on Conception street. As soon as T heard where he left it I sent a hand-cart to Dr. Toxey’s office to remedy the mistake, but Dr. Toxey sent me word that he had got a hand-cart himself and sent it to his private re- sidence. .Now, there was no sale made of the chair-closet; no bill ever rendered; no entry in my books. £ looked upon it as a gift, and as Dr. Toxey accepted of it I took it for gran t- ed that the arrangement we had been talking about was perfectly agroable to him. My belief was further strengthened by Dr. Toxey’s corning to my office several times, I going folds, and all of/our conversations were of the most friendly nature. About this time a notice, was left at my ut- ftec that Mr. A . A. Moses wished to see me n';>- on business. I say Moses, and he asked me if I was willing to go into a busin ess that would pay at least fifty thousand (§50,000) dollars per year. I told him yes, of course I would, it t could only see it, he then told me to meet him next day at the Board of Trade rooms at 0 o'clock, and he would fchvn state particulars. According to agreement J went next morning to the Board of Trade rooms; met Mr. A. J. Moses and Air. R. VV. Fort, the secretary of the Board of Trade. In our conversation he, Mr. Moses, said that if I was willing to join them two (Moses and Fort) “withtwo others,'' we could obtain a contract from the city for a damning ground worth at least fifty thousand (§50,000) dollars per year. The plan proposed was this: They, Moses and Fort, and two others, “names not mentioned," were to ob- tain the contract from the city to furnish said city with a dumping ground for the term of ten years. That was their part. I was to put iu my place, containing twenty-four acres, m> XiR- 18, IUOIo, Owy.f •-*.* J* itr* i/u ap | rus I was then using in my business, and th- goodwill of my business which I had been five (5) years in establishing. After this contract had been obtained, Mr. Moses stated that a contract for cleaning all the vaults and privies in the city by the year was to be obtained, and that we should form a joint stock company to work these contracts. I asked who were the nth-r two that were to be interested in the job, but did not learn. After expressing ipy doubts about their being aide to obtain sush Mr. Hamilton said that lie had some business with me and found that I was a rascal and unworthy of trust. “ Thai’« pretty heavy.'’ Now let me state (except buying drugs in his store which I always paid for) the only business transaction that I ever had with Mr. A. J. Hamilton: In the month of Feb- ruary, he employed me to clean his vault. I did so, and sent him a bill for $32.50, the price for hauling three (3) loads. He paid the bill and never complained to me in regard to the amount of the bill, nor as to the manner in which the work was done. It was only a few days ago when I called upon him to know Wherein I had proved myself such a rascal in l-**y frUiSirtfcav.? :v i Afftrr, V ,xt / lie vw complaint made. He then said that I had agreed to haul two loads for $15—so I did, but I had to haul three, and that is how the bill came to be *7 50 more. No w I was in his store several times after that job was done; if he had any complaints to make why did he not make them to me? but lie never made any. No, it w;s > -i ,0 necessary before the Dumping Ground. Investigating Committee sat. There are three per.-, >ns—Drs. Cochrane and Toxey, and W. ■t. Hmlth involved in this matter. Drs. Oociir 1 > : aud Toxey are hufA-toued gen- tlem«- «, t»»o »i jjv in <>"'< .-standing of the medi- cal society, and this- is the kind of evidence used to mane Smith out the rascal. I don’t deny but Smith is about as good a subject to put it on to as could be found, but Smith has enough to do to carry his own burthens and sins, without carrying “others’,” anil he don't Intend to. I oaauot help but think it was a great error of jadg.ue it on the part of the manager of Investigating Committee, not to have found out whether Drs. Gaines and Owen were going to say a good, word of me; for out m a m Doctors called to the standby the mean > • of the Medical Society, they were the only two who, after several years’ business t ran ..actions, that didn’t have a bad word for Smi til. In concision, I wish to say that whatever money was used 1 borrowed it and used it on nature’s first impulse, that of self-preservation. Let those who condemn me pnl thennerner in niy place, starting as I did tiro years ago. a poor man without means the business of collecting those matters that had before book scattered all over the city, breeding a nuisance and making out of it au article of great ■commercial value, with every disadvantage to contend with, for I was a new comm- iu Mobile. Let them remember who worked (No. TO) every night for two years ruining my health thereby—having to stand the slurs of those lazy no account loafers who are a clog and misfortune to Mobile; then after live years’ hard work other parties cal- culate to reap the profits. Was I not the first man in Mobile that offered to receive these matters free of charge to Choi city ; and I would ask any candid person to tell me how many could be found that would not use money for their own protection? Has there never been money used before in Mobile, not Mon >hv individuals, but by corporations ? I tor one know mere nan, odi then P vv-Ui! .» by our own people, lam certain tod I not been a Dutchman no such report would have been drought m against me. f started i busi- fel‘ transport to that certain all night soil and refuse mutter that may i>e hereafter collected in the city, and shall deposit the same there under the penalty of such fine as the Mayor may impose, not exceeding fifty dollars. Be it further ordained, That the Joint Hos- pital Committee is hereby authorized to enter into a contract with the said W. 11. Smith, the owner of the property hereinbefore de- scribed, for the use of said property for such time and under such conditions as they shall deem advisable for the purpose herein de- scribed, provided the same shall entail no ex- pense to the city, and they shall report their action in the premises to the City Boards. C. Toxey, Chairman, Hospital Committee.” This removed any doubts that I might have had about Dr. Toxey being my friend, and in all my after connections with him, I was per- fectly convinced how much I was in error. I have since learned when the report of the (Committee came up in order before the boa-'U". it passed the Council, but in the Board oi Al- dermen, my friend, Mr. James Bonn, amended it by writing sealed proposals, which was agreed to. A few days after this, I met Dr. Cochrane who said that a proposition had been made to him to join a Joint vUock Fertilizing and Dumping Ground Company, and that he had declined the honor. I then afterwards that, when this gentleman told Dr. Toxey about my communication, he, Dr. Toxey, acknowledged. that he had hern, there hr,fore. I heard sOho that the committee ha/l concluded to have the dumping ground inside the city limits, and that Dr. Savage was the only- person that proposed furnishing a place inside the city limits. There were hut three proposals before the committee, Dr. Savage’s, Mr. Cnristopaer’s, and mine. Mine was thrown out; that left Dr. Savage and Mr. Christopher. Mr. Christopher’s place being outsnle the city limits, he had no showing; so nothing remained but for Dr. Savage to take the contract, ft was proposed to give it to ‘Jua'l/iuer parties a chance to tiiiu ajl io inside the city limits, and an adjournment agreed to for three days. Bat what good rea- son the committee could have for wanting to keep this nuisance inside the city limits, i nc\ -r could see. Perhaps others can. A.t this time I went to sets Dr. Cochrane, who Informed me of the contents of Dr. Savage’s proposal, and that the only difference bet ween his and mine was, that ho. Dr. Savage, proposed to clean out the privies at the City Hospital, Mi- uioipal Building;; and guardhouse, for nothing. (Jo toid me to send in a proposal to do the same, which I did. Ho also said he would {awl he did) write a communication for_rae to the committee against kc-m(ng this nuisaile. inside the city, directingnot to give it t<> the chairman of the mm mitten, but to Mayor Parker, as he did jy’y think that Dr. Toxey was working all kght. I took this communi- cation to Mayor Parker, stating to him that iny reason for o- giving it to the chairman of the commit -..) was because ne had opened my sealed proposal before the committee met. He decliaod to receive it, so I had to give it to the chairman of the committee after all. Stip [ could not help thinking but that Drs. Coch- rane and Toxey were in accord, or how could Cochrane toil me the nature of Dr, Savage’s proposal, and advise me to change mine to be equal with his. I had no place inside the city limits to offer, so that part! declined. I heard also that Mr. Christopher would not furnish a place inside the city limits, so that when the committee met Dr. Savage was awarded the contract. I then went to Dr. Coch- rane and ha agreed with me that something was “ rotten in Deninw'li." He said ho had been deceived and was “ out ” himself, but whatever happened lie would see » State of Alabama, Morti » ... , Wm. M. Loomis, Notary Public, in and for • said county, hereby certify that W. H. Smith, whose mime is signed to the foregoing deeosl- d\l]y deposed before w“; ,ny b,“d- wi iK„Srm- Notary Public, Mobile (Jo.