The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-10
ACTION AGAINST THE ART UNION.
Marine Court.
Judge Lynch presiding.

o'clock Tuesday morning Mr. Darlington in attend
anee % the part Of the plaintiff and Aessrs Fullerton
Joseph monk was called to the stand, and his erossex
animation resumed by Mr.. GOETHE plaintiff performed
day Va: from oooSsr sso up to March 1851 thar
he performed the Sunday services he performed the
OcoSsr to the 1tef March yssrs snf BE- Is,
formed hsss services after he went to Mr. Cozzens store
mp 70 the 18th Of May he ported the books from which
every sunday during the time speak Of think he was
Ss sss
Of january, 1851; cannot positively say il he was
there upon Che lst Sunday in February from my reco
Sunday that no there say that he was there
ut night upon the FIRST Sunday in january think he
employed night service during the week nights Of 4he
Eeroa 40 not think that he absent upon the 1s of
ne requen stayed after his supper as late
a. twelve and one, and two O'Clock; csnno.
say how Often he remained to these hours; think
he remained to these hours during the majority
q the time; he got his supper about six clock;
tho Corresponding Secretary directly authorize me
10 employ the plaintiff for these extra services tho Cor
responding Secretary knew that had employed other
clerks and ratified their appointment and paid for their
SERVICES he authorized me " employ the plaintiff
Tor any service but he gave me general authority to
employ whom thought proper to carry on the business
81 the institution in giving me authority he said Mr.
Monk think you working pretty hard; don't want
you to overwork yourself hire whatever help necessary
and take out Of the appropriation that is to be made
made from month tn but do not know how long
they continued cannot If the system In opera
under the system when empo, cd him there was some
dispute about the appropriation Of this $3.50 49, now re-
collect that these appropriations continued during tho
greater part of the year of lS49 and until near tho
close OF the year don't think that they con.
tnusd after the close of the year of is40; under.
took to testify yesterday the money was placed
in the habit of reporting to the Secretary the clerks
employed By me, and the terms Of their employ ment
did not at that time report the Of the plaintiff but
did when he had been there time Coloael War.
asked me who he and reported who he was and
that he was my nephew an industrious young and
likely to give satisfaction; also told him had paid his
predecessors $40 week, and that this young
doing the same work but had not arranged with him
about extra services; had authority to fx the
amount of compensation but it generally understood
that should pay the clerk. % fs, their ser
were necesary-to post subscribers and cutter subscrp
lions and do all other things wished him; there
short conversation here the Judge and
the attorney for tho plaintiff as to the reevance Of
plaintiff worked, which ended in his Honor deciding
that the question allowable.
The witness then continued-The stated hours Of Ia
Dor defined by my predecessor to stop at ocock
to supper to return again the party pleased every
departure from that was paid for extra labor stated
ten till ten but the clerks only remained II their services
required during the time OF the employ of the
plaintiff the regular CLERKS of the Institution not
paid for their extra services previous to his employment
the regular clerks employed and paid for estra
vices general understanding that they should be
paid for extra services there was ny but the gene
raj understanding once in the employment Of the
Seventh Ward Bank and ef, it twelve years ago. have
commenced suit against the American Art Union for
% OlO objection taken to the question, For what"
which the judge agreed with, being likely prejudice
the witness but it not to be another
question, allowed the witness TO be examined that
pont) portion Of the claim in that action is for extra
services; the resolutions produced yesterday
Of 5 ,h 81.
srescnded was think, written the resolution at
that time, year after the plaintiff left the Union; when
employed him don't thIk knew the resolution
rescinded; it may have been about February9 1885,
may have known OF it the way Of paying the clerks had
been changed paid them pocket to be re-
imbursed was in the habit of reading the mi
nutes day or two after the meeting of the committee
informed any of the officers Of the institution of the
1861 Informed the Treasurer ust recoIect the fact
mentioned the matter Tor the sake Of the young
sns plaintiff understood Bookkeeping enough for the
me to make . copy of the resolution during
the time was employed, the clerks were generally
instances when the clerks paid 1T the treasury
CLERK called ON Col Warner he got paid the porter and
The treasurer ssEins me, after p' Hs..n loft to
mention TO him the liabilities Of the institution; he
vas in the habit every year Of asking for such list
did not mention to him Hszen claim it tradesmens
bills he always required, and always understood
his meaning in the list gave did not nclu clerks
but did not include their claims for extra work the
son ] did not give him the extra service list was
3hat he Jumped them AID made eSt mate OF them in
which he often mistaken
In answer to Mr. Dar Dgton, the witness said that In
1861 when spoke to the Treasurer about Haaen
told him the plaintiff locking for pay for his serv
and he said he would speak to the President about
it, when Mr. Haaen was at Sork on Sundays, have OBJ
served Mr. Cozzens and M Warner being present. have
sttuted at the time Of Mr. Hazen's employ ment
sisted Of Mr.. Cozzens, Cthe Presidency, Mr. Cos, G. H:
Others, making to al Of 81; when Hazen was working
extra time Col Warner was present and also Mr..
nedict was opposed to work on sundays, but not at
nights, and him then; Hazen had conversed with
them while he was in their employ Mr. Jarvis said that
he ought to be paid for his srvces and he approved Of
his being there, ana that be should be compensated
when told Col Warner of Hazen being employed, he
HAGEN clerks cs extra TO work.
Cross examination resunea-when Hazen was en-
ploysd on extra services, in presence Of some
services were extra Nr Jarvis and Mr.. Ridmer
had said the extra service. ought to be paid for
kept from their families; you Mr.. Coe, had made
simililar remarks while the services being per-
fonnsd 1t said in an encouraging way to keep the
clerks going.
William d. Burroughs then called and deposed-I
was employed In the Art Union in ss and to June 1850
extra service, during that time (obscod TOY paid
for them; Mr.. Monk requested me to perform those
extra services they consisted Of working Sundays
and at nights Mr. Monk paid 81 day for the Sunday
work received SIS for the night work by check from
the Treasurer which considered very nadaq uate Mr..
Il
fixed the amount.
Cross examiped-Mr. Monk said that should receive
compensation for extra services made charge, for
presumed would be compensated.
Mr.. John W. Moore. deposed-I was in the employ Of
the deft ndaDts in the early part Of 1913 and left In July
or August, 1919; am osnverssnt with the duties
quired in the institution; have heard a largo portion
of Mr. Monks testimony in my opinion the SUNDAY work
done by Mr.. Hazen worth 81 day; believe there
an unusual amount Il business done ia 1849-'50
evening work ought to be paid at the rate Of So whe
was employed was paid fer extra work Collected to
and oveIrued) am not aware Of any bill being Ten
dered for my extra work. estimate Sunday work to be
worth double per the hour than other days; clerks
work differs materially
Mr. John Erhsrt, deposed-I in the employ Of the
defendants from S45 tc S49 collector and forward
ing agent rendered extra services
This concluded the case for the prosecution; and,
behalf of the Defendants Mr. Fullerton entered into
short argument to prove that had been made
He conteDded that the claim only for extra services
which does not imply any obligation the part Of tho
Art Union to pay suck services He In the reSu
Var employ of the association and had positive agree
nent TO that effect Mr.. Fullerton then went the