The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-18

atey on the brick' did not visit the sewer again
that winter; / should have mentioned before, that
after refusing TO allow the brick work TO 60 on, be.
ing DESTROYS TO save Mr.. Pollock any expense and
trouble which might be avoided) told the inspec-
tor to tell him, that although the contract directed
the rubbish to be removed, ana the sewer rehilea
and repayed until the following spring, i would let
him M on that portion of his contract as the neigh
borhood in which the work was, was not much fire.
ouented and that he could 90 on with the blasting
until spring time: this expressly stated to the In
spector and afterwards stated the same to Mr. Smith
think who. believe called ON him; at the same
time that this permission was given TO Mr.. Pollock
TO blast ont rock. contractor IN the Ninth avenue
stopped similar work lst December, filed up his
trench, and waited till spr;ng fae TO proceed; others
did the same; mention this one particularly as it
was in the same neighborhood as the sewer in ques-
tion (Alr Pollocks); in spring, when the Inspector
made his return of work dsnc from LIST December,
he returned 260 feet of sewer, two basins and two
eulyerts built since lst December Therefore refused
TO accept the work. knowing perfectly well that it
could not be proper hydraulic masonry; after this
Mr.. Pollock called on me himself had never seen
him beforehand asked me TO accept the work
told him was exceedingly sorry could not do ii;
that was particularly annoyed at being obliged to
direct him to do his work over again. but | could
not accept it; good deal of urging followed and
used every argument to show that could not con-
scientiously accept it; after good deal Of urging
he asked me If ] would refuse the work, whether it
was good or bad. simply because it was done after
the LIST December, and asked me to 20 and see it,
saying that ii found III not good he would take II
up. and not say another word; although aware,
from my own knowledge Of the circums tances, that
the work could not be good. done M that season.
yet to show how willing was to do all inmy power 70
get Mr.. Pollock out Ct the difficulty. said would
60 and see it. and fgood that would accept it. not
withstandrg his breach Of contract: J went,
companied by Samuel II. Smith, General Inspector
of Sewers and examined NJ point which Mr.. Pol
lock had opened for me; found, as | antici-
pated, that there not joint set in the part Of
the work ! examncd: on knocking ont the keystone
Of the arch, and separating the bricks next 20 il.
they came apart with perfect ease-the mortar fall
ing from the sides as they were taken up; did not
examine any more. because thought the e-rand
foolish in the first places shortly after Mr. Cumming
again came to me, and asked me whether had de-
tcrmined not to take the sewer; ] answered, . You
know il is impossible for me TO take that sewer
under the circumstances he said = Very well. we
will take our own course. and went out; the next
person who called was Mr.. Denman. who asked me
If would take the sewer, and what had against
it, and told him. the next heard officially Of il
was the passage OF the resolution by the Committee
on Sewers, directing our department 10 take it; the
Committee on Sewers Of the Board Of Aldermen
met in my Office, their usual place of meeting, out
no word was asked of me regarding it-not a
question.
Gross examined by Recorder Tilleu--Was it not
in your knowledge that at this time another con-
tract existed 10y Mr. Pollock to grade this street
No, sir; II may have been told me hy Mr. Smith or
Mr.. Cumming, but it was not impressed on my
mind.
ChairmanHad you known it, would il have had
any influence with the contract You had charge Of
No; should deem it right to have my work properly
done. without reference TO any other contract.
Cross-examination resumed-Was il not in the
contract to blast ont rocks Yes Did your de-
partment give permission to other contractors TO
continue work after lst Of December. OF a similar
kind I Yes, sir.
Mr.. Willard would object to these questions. il
put for The purpose Of establishing any counter
charge Of favorism, or otherwise, against the de-
Mr.. Tillou said it was not 60. They were mt
merely to show case Of justification for Mr.
Pollock.
Mr.. Craven expressed his Willingness to answer
through within reasonable time, be would wish tho
case 10 be confined, as much as possible. to the
charges under investigation.
Cross-examination resumed.-These contracts
were under precisely similar restrictions. Was any
permission Of this kind given last winter Yes. Was
IL understood that this permission would be granted,
without some special reason 10 the contrary No,
SIR; such an impression should not have existed;
here was express notice put M in my office. that
the cause would be enforced; . printed notice was
put up year ard halt ago; brt il is due 20 the
contractors 70 say j was not there last fall; but they
wore all notified. and shond lie under no such i'm.
preston Was that notice sent 70 MIR. Pollock pre-.
ylous 10 the making 81 lis contract! No notice
was gwen 20 any person previous to making his con-
tract: these notices only drew attention clause
already embodied IN the contract and the object of
the notices 70 impress on their minds tho recol
lection Of that clause; thls taking particular
pains because no one bad q night 70 such n notice
How much remained to be done on tho LIT If De-
ccmber! That shall prove by the Inspectors re-
turn, which gives 2C0 feet Ii that sewer had been
LETT unfinished according 10 the contract would the
avenue have been passahle before Spring. That !
cannot say, not knowing the condition Of the ave-
cue previous 10 the construction Of the sewer. Have
You any recollection " Mr.. Pollock calling on you.
and saying ne he'd another contract for grading the
street, did not see Nc. Pollock till Spring, and
have &c recollection d! Mr. Cumming telling me; be
may have done 20. that d. rot rccollect, and f he
did, did not weigh such considerations against my
duty.
Mr.. Tilou (reading from published letter)-You
state that tho invest CATION q tho Committee Of the
Common Council 10 which the subject was referred.
was unjust, impartial and utterly in violation Of the
rights Of the owners of the properly to be assess
ed" Viii you please TO mention the facts on which
you ground these allegations!
Mr.. Willard objected to this mode Of examination
as out Of order 1t was like putting counsel the
table to prove his own opening. Mr.. Craven stood
in a peculiar and difficult position-and he corcsaw
this was difficulty which would attend them all
through-that while he stood ia the position Of wit
ness oath, he should be examined as to the mean
ing OF certain charges made in article published
from his pen, some Of the allegations in which he
personally knew; Others on the testimony Of wit
nesses.
Claimant understood Mr. Craven to be de-
srous of stating all be knows respecting the matter
under investigation.
MI. llard was aware OF Mr. Cr9Ven's wiling
ness TO give every information and were his friend
the Recorder and himself absent there could be no
objection to make all these inquiries, and enter into
every explanation; but when an attempt was made
70 carry on proceedings with certain degree of
il was best to adhere to some settled
rules Mr.. Craven could enter on all these explana-
lions, when unembarassed from the position in
which he now stood, q witness on oath
Mr.. Tillou said here were very grave charges
brought against TIE Committee on Sewers and II
was only reasonable TO ask Mr. Craven to substan-
tiate them lie thought there must be some mis-
apprehension of bis question. lie only wanted from
Nr. Craven those facts on which he based his
charges.
Mr. Willard had no objection to Mr. Craven stating
what facts be knew personally There were many
which he had from other sources ond which would
he produced in proper order. If The committee were
aware Of evidence which they did not call for when
waving rule-a very stringent rule-n favor Of a
contractor, they we're guilty Of Partially, and this
was ore d the lacts which Mr.. Craven based his
allegations.
Mr. Crayen-l shall give you the facts | myself
snow one fact L. that was not examined by the
Committee myself although the officer To whom tho