The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-30

Yesterday the committee consisng Of Aldermen Sturts
want Moore Tevsed and appointed ~ tbs last meeting q
the Board Of Aldermen 70 enquire into certain charges
made BY Alderman Dsherty agsnt the Street Comms-
sioser met at the City Hail and commenced thsir in'ss
tieaAon. Alderman Tweed took the chair. Mr.. Willard
appeared a. the counsel for the Street Commissioner
The charge was that the Street Commissioner had given
out contract Illegally, by awarding 1t to Mr. HAsan,
the lowest bidder only condition that he would take
John s. Austin partnership with him in the job.
The defence up by Mr. Turcy that Johns Austin
was the lowest bidder, and Mr. Hagen the next lowest
and that in consequence Of an iDfofmahty by Austin
neglectng to sign his 20 certain affidavit. he
in doubt to who legally entitled to the
them, elves that IL the act awarded to
Hagen neither would trouble the Commissioners further
about the matter the contract WAS SO Awarded u
was charged also that improper means had been taken
TO procure the contract. The following testimony WAS
Thomas J. Hagen being sworn, said-I live In Eighty
sixth street, and am CONTRACTOR bidder for tue
work of regulating and grading 1881 street, between
Third avenue and A. was present tho bids
estimates were made the specifications OF the 18th OF
April; the losest bidder, to my knowledge myself;
think ~ was day or two afterwards that called upon
MIR Rogers, the contract clerk, in regard to the e,t
Mates | knew mine the 10 vest, and he asked me
that he would decide the mex. week. called few days
afterwards and he said he had net made up his mil d
again, and wished him to decide way other;
he there much about that he thought
Of sending the matter to the Common Council,
advertise it; then told him would insist having
the optract and could give the necessary security
Alderman Doherty-What was the preliminary con-
We, sation about this Al called about the
conusct to have it awarded to me; the Contract Clerk
said be did know hos decide and did not feel at
liberty to do so that he had received advice from the
orporation counsel the next time called to hun he
told that he making the to send TO the
Common Council this about the latter part Of June
had signed the contract at that time; he told me
before sig ned the contract that he did not hsy 1T
to be awarded when there such dsputs about
it, told Mr. Sweeney that II did not get the contract
to sue the Corporation; the next tins came down
met John 5. Austin, who said
Here the interrupted by the counsel for
Mr. Furey WHO thought that the rules OF SQUIRT OF
should, to extent, be observed In taking testi
mony 1t DOT fair to take testimony from the wit.
ness relative TO what Mr.. Austin said.
Alderman Doherty here gave the committee quite a
lecture to their duty, and charging them to act
committee without observing the tectpicalites Of a
court The committee decided not to admit testimony
from the witness ardng what other parties interested
said in relation to the contract The witness proceeded
cont, act from John Austin The first ntmaton got
of the contract having been awarded to me, from
Mr. Austin; he said the Street Commissioner willing
to give the contract to me, If would settle
difficulties; Austin wanted his in the contract,
well mine and said the Street Commissioner woald
NOT take verbal agreement from u.s. that We must put
Alderman Doberty-Dd Mr. Austin say to you that The
Street Commissioner would give you that contract If
you and be could make it right with one another9
Objected to- and ruled out
Wi,ness-I stated that Mr. Furey said if Austin and
signed paper to be given to the Street Commissioner
agreeing il relation to the contract.
Alderman Doherty-Was there any other understand
ing other than that mentioned in the papers?
A There was; do not know that Mr. Furey was Hni-
to any other agreement than that in the paper
Austin at the Street Commissioners Office, by ap.
pontment when mutually agreed to settle he ted
his in the contract, but would not consent the
agreement was brought to me the day before signed the
conbsct
Alderman Doherty-Did Mr. Austin state that if you
would sign the paper the Street Commissioner would give
the contract
A. was in the Street Commissioners Office when Mr..
psperD said yes, Mr. Austin thought that his name
and mine both to be in the contract but objected
told the Deputy Street Commissioner that the contract
to be made out in my alone left Aus.
tin in the Street Commissioners Office; he came down
stairs few moment, afterwards ard told that ths
contract was ready and went and signed it, have
worked on the contract one day Austin has teams at
work every day on the same contract.
Alderman Doherty-WSs it upon the agreement be.
tween you and John Austin, which was the settlement
under stood between Austin and you that the Street
Commissioner awarded the contract
This ruled out
Alderman Doherty-- Did the Street Commissioner not
understand that should into
ard sell out your interest for the sum Of S5OOe
This ali ruled out
Alderman Dohert.-Dd the Street Commissioner ever
tell GU, in the absence of Austin, that if you would
make it figbt with Austin he uld award the contract
to you or words to that effsctY
Witne B.. He told that if he and would sette our
difficult les be would give the contract Austin
oe the agreement the day before or the day signed the
ooptrsc,
Alderman Doherty-0n the day you signed the oon
tract any day subsequent thereto did austin iusst
upon your assigning the contract t. him for tie
If $500, and did you make agreement with him
10 meet him at The Street C0mmis aner's Office snd
that part Of the unders landing bs. h and
You which vas the basis upon which that contract
signed by your
this stage of the proceedings the was ad
ouIneo TO TUESDAY next.