The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-18
Aetsom AGnlnse the Art Union.
MARINE COURT.
Judge Lynch Presiding.
youKrH DAT.

Act10a Agnln0e eAe Ar VnA00s
MARINE COURT.
Judge Lynch Presiding
youxm
NAs0 1.-The further hearing Of the Of Hasen
w. ths American Art Union commenced ct II O'Clock
this aasgning.
George W. Austin was called to the stand, and his
croassxaminstoa ~ umsd By Mr. Darington-I asked
Mr. Monk for list Of tbs liabilities of the Art Union
about the 10th Of Decem he made mention then
OF this claim Of HAsens he mentioned the claims took
then down asked him for al outstanding bills; be did
mt rive ma claim for ext "a services he may have men
TONED Haxeu,s claim had anything then due to him
m general clark but said nothing Of extra services
never requested statement of the liabilities Of the inst
tuition in writing, from Mr. Monk, but he has made
statement In writing; think it Is quite likely that he
gave me written statement Of this sort In 1850 1851
hat cannot swear to it; he would give me- perhaps,
. dozen of items at the time l asked for the state
meot: BY liabilities l mean the small outstanding
bills for stationery and the like, and not the general debts
Of the institution the institution generally employs three
don't reconect the items Monk gave cannot
positively from my own knowledge to anything at that
lens tn Of time think he ntoned the claim OF Hazen
in the list if he had given in claim for Hazens extra
services should have included it in annual report
SI for Al the he rendered. except three or four
weeks ct night; this is another means of my know
ledge that he did not give it, have no other grounds
Of claim for the demand would have included it in my
annual report have not the report here; the bills
Dos have Mr. Monk to for
extra services none such were rendered. in the
1850 requested Mr.. Monk give list Of the
standing liabilities for stationery printing clerk hire and
in fact everything he farm shed with the statement
Both verbally al IN writing my sssss 70
the words Of course because they contained different
liabilities Of which myself Mr.. Monk did
include; there were some years in which the Cores
penang secretary did not receive any compen-
i M a AZ
did receive it; Colonel Warmers account was not
rendered verbally by Mr. Monk to at the time speak
Of; the verbal items rendered may have amounted to
half dozen; cannot say the item for Hazen's claim
Wa rendered verbally or in writng generally, wrote
down the items he called them off; sometimes Monk
would forget things and send memorandum of them az
forwards to me; my impression that Hazens claim
To the Court-It in the month Of December the
extraordinary press of business was think employ
ed extra clerks in the latter end of November
To Mr. Darlington-Regular clerks of the institution
have been there in the month of january after sx
O'Clock in the evening; they may have been loafng
around but am not aware Of any work being for them
was there from half past eight to halfpast nine in the
mornings during the hurry of business every day. and
tenon to what the clerks doing was there very
often on Sunday can't recolect particular instance
that ever saw Hazen there upon Q Sunday.
Andrew Warner orn-I a member of the Com.
mttee of Management, the Executive Committee and
Corresponding Secretary Of the defendants in 1850 and
Q-what authority, any, had Joseph Monk to ON.
Poy the plaintiff for extra servyes in the year 1850
Objected to by plaintiff question allowed by the Court
Answer-He may have had authority but he had none
from me or with my knowledge.
Witness ccntinued-Monk clerk in the Art Uni IN;
ne never was superintendent left the County Clerks
Office the first of July, 1850 and gave my entire time to
the AT Union had authority to hire the clerks the
between the FIRST Of October 1850 and rst of March
1851, that am aware of attended every day during
nrs heard the claim for extra services in August last
HAEeo informed me OF it, there were no stated hours
FIX srted hours for clerks TO work. he none
from me or with my knowledge; the customary hours
were from eight O'Clock in the morning until the business
was disposed of which placed before them do;
there were no payments made to my knowledge
extra services; as such, to regular employees.
QuestiOn.-What were Mr. HAGEN services worth from
the lat Of October 1850 to the LIST Of March, 1882
Objected to, and ruled out irrelevant and being
Witness continued believe Mr. Hszen has been paid
for all his services except the claim for services
Counsel tate whether there anything different
in the Of Hazen performing his duty as clerk
either in the hours of labor in ether respects
witness-There not; the institution never paid
any claim for extra services to regular clerks the best
my inoxs the sues which aa were
1T the end of the year not think given all the
clerks have heard the Treasurer repeatedly ask M
Monk for every kind of liability against the institution;
this was sometime toward the middle Of ecember 1855
think it was the same in December, 1851
Que6tfon.-What knowledge have you of Hazen's being
employed to perform or performing, extra services for
form, or performing, extra hours.
Cross examined by Mr. Darlington-I learn from this
receipt that Hazen at work previous the Of
July 1850; this bill passed by November 1850
according to the last date upon these bills his
st the Art Union terminated the 10Th Of March 1851
have him at work there evenings l cannot say as
late as ten O'Clock he there certainly after six
o'clock; sometimes remained until they closed up but
have mpressonha he did not always stay as late
a. did; there was portion OF the time when there
no Hecessity for his remaining distinctly recoect his
being there one Sunday but cannot swear positively
to others; recollect this one, Mr.. Monk called
my attention to it; there work done in the base
not; l think did not swear that Hazen was
paid for all his services limited the time my former
10 his claim for extra services no rendered
vices in evenings after the 10Th Of March
any fault with the manner in which he discharged his
duties never made . specific bargain with him can.
not positively must have him at the Art
Union the first day he came there; presume that Mr.
Monk set per'ons to work there without my knowledge
think that pointed out their work to Mr. Burroughs
and Hazen think employed Mr.. Burroughs; perhaps
lacked Mr. Monk to procure suitable clerk but en-
ploy him. the employ ment entrusted to me;
consider Mr.. Burroughs in that sense employed BY
me think never Burroughs Hazen previous to
their coming to work never received any Of money
from the institution, except my regular sala.y-oh
believe did receive compensation for services pre-
vioasly rendered that was for performing much
vice prior to my coming there as did after was en-
ployed; had opportunity OF rendering such service
salary began; don't think there was a specific agree
ment made in relation to this compensation; had the
general supervision of the clerks this paid
Tor services rendered before employed BY the
tuition whilst receiving salary at the Art Union
got sum of money for services, during the six
months before I there / did not consider
II gratuity; upon one occasion | did receive
gratuity from the Art Union; Mr. Monk had more
responsible position than the plaintiff say
gave him any general authority TO my kno Wedge there
was no agreement made with Hazen the hours Of
service never knew from Hazen that he objected to
work on Sundays after the Treasurer asked Mr. Monk
Tor list OF outstand liabilities have frequently heard
Monk allude such bills did not know II he made a
return in writing how he accomplished the inquiry
To the Court always supposed that the plaintiff only
worked there for week after he Cozzens but
cannot to the time he did work at that
period.
Frederick NJ Coe sworn-I never made a statement 10
the effect that the plaintiff should be paid for his extra
services, to Mr.. Monk, xr Hszen, any else;
member of the Executive Committee and Committee Of
Management in the years 1850 and 1851;
and knew then that clerks required to
Sunday at the Art Union the Committee Of Man agement
took action with regard to labor Sunday they did