The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-05
FOURTH DAY

FOURTH DAY.
Before Assistant Aldermen Barker and McConkey.
The Committee met yesterday afternoon at O'Clock,
agreeable to adjournment in the chamber Of the Board
Of Assistant Aldermen.
TIE first witness placed on the atand was
Mr. Serene, who, being sworn, deposed that he
engaged at business at 29 Broadway, and in the
habit Of getting communications from the Patent Office
acquainted with the seal and signature of Charles
Mason, tbs Patent Commissioner.
Mr.. willard-ls this letter signed by him [obected
to by Mr. Carsons COUNSEL the Committee net sustaining
the objection
Witness identified the handwrngas Mr.. Mason s.signa
Mr. Willard then offered te read the letter in evidence
as follows -
US. PATENT OFFICE, Sept 30 1853.
SRI beg to inform in reply to your letter Of the
18Th inst that patent has been granted to Alfred Carson
in July lsss sr nod IF oonvsrns
r. in the Tscinear motion Of which you can
am, respectfully, your obedient servant,
Mr.. MCGOWAN objected to the letter as not being the
right kind Of evidence.
Mr. Barker said that the Committee would not decide
at present whether the letter would be taken az evidence
or not, but he would note the objection
Cross examined by Mr. McGowan-Has beer engaged
for the last eleven years in the business of visiting patent
Offices is not personally acquainted With Mr. Mason has
never seen Nj Mason to his knowledge who has been in
writing is acqua lted with his handwriting from being
Washington.
Q. How do you know you ever had any letters from
AIh. .see,ved letters with the seal of the Office
which is all the proof the law requires.
O. Are you sufficiently acquainted with his signature as
to swear to it?
A. would not like to swear 10 his signature unless
compared it with other letters; but to the best Of
judgment the signature in question is that of Mr. Mason
q. Did you see the lettcr to. day.
A. did, about an hour ego.
O. Did you write to Washington to ascertain the truth
Of the letter.
@ 10 you know to whom the letter addressedY
O. Are you acquainted with Mr. Van Nessp
A. Ne, sir, but have his signature
Mr. WilaId-Just state under what circumstances yoa
saw that letter, if you pleaseP
A. Mr.. Willard called on me this afternoon and asked
me if could testify to the signature.
Here Mr. Willard said that they rested the for the
Mr.. MCGOWAN said he would like to know If tho Com.
mittee would now decide whether the letter good
evidence not.
NJ willard then rose and said, that the Committee
were net clothed with any legal power they had only to
report to the Board of Assistant Aldermen the testimony
here to submit what shall show is di-eecton of
duty the part of Mr. Carson 1t would be
Tor you to decide whether the letter should be admitted
evidence or not 1t appears that thirty per cent OF
the price OF the work paid to Mr. Van Ness and the
remain der Of the money pocketed by Mr. Carson In the
present letter is shown from the Commissioner
tents Mr. Mason stating that such patent had been
sued from that Office and We prove by witness
this letter bears the stamp and impress OF the Patent
Office and Is signed by Mr. Mason the Commissioner.
you exclude that letter you reject the dictates Of
,ciences Had you been clothed the powers
dence required the identity of the document but
you have not the power of court OF justice you
not object to any particular class Of evidence That evil
dence proves and from very respectable source too,
that MIR Carson received patent from that Office
for striking apparatus submit that it would not be
just for the Common Council to shut their eyes against
such evidence They could bring Ar Mason there to
prove the identity OF the letter Ia investigation like
the present one there of echnicalties FOR it
was mere of inquiry, and the Committee had not
the OF court vested in them to reject any good
and proper evidence
Mr.. McGowan surprised at the gentleman the
other side talking about tecbnicalities Here
who never Mr. Mason and yet he undertakes
his handwriting. You bound to show hat the g-
nature is that of Mr. Mason, for Mr. Carson is charged
with not having patent.
Mr.. Wiard-ghe testimony of Mr. Serrsn proves the
signature to be N Mr. Aasons handwriting.
Mr.. McGowan-You have evidence to that effect at
present.
Alderman Barser-we will not have time TO decide
upon the matter before tho next meeting Although the
Con mttee have not II pow of judicial court still
think that an Investigation brought on before commit
tee of the Board Of Assistant Aldermen should be carried
ON AS strictly in court of law. 1t Is duty only
report all the evidence that has been offered to the Board
Of which we are committee and not to to any
conclusions. will detern inc before next meeting
whether the document will be admitted evidence or
not In conclusion, would say that it would be diff
cult matter TO have the letter identified by somebody in
Washington.
The Commit ee then adjourned until Wednesday after
noon, at o'clock.