The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-12

Marine Court.
Justice Lyr ch presiding.

uInU The hearing Of the cause Of Rasen rs. me
siean Art Cnien was resumed at half past 10 o'clock
Mis- morning Mr. Darlington appeared for the painn,
AID Mesrs. Fullerton and Coe for the defendants
Mr. Cozens called to the stand ard his cross eva
Dination continued by Mr. Darlington am one OF me
surees of the defendants this action have seen Mr.
Hazen at work in the Art Union rooms alter SIX e1osA "a
the evening do not reoolect having seen MN Wors AZ
ter ten O'Clock have him there after elsnt IN lne
evening do not know that nave eeh ~ 9 when hs
pintf was in my employ he worked IN the evenings at
the with ne WORKED 10. me IN t1e Gay
far this Mr. Hazen TO have this for himself;
go NOT for INV benefit am quite confident that he
d not work evenings for longer period than four weeks
the Art Union when he was in employ; think he
did 20 work evenings have which enable to
Ok time testify positively, from my knowledge
that he did not work over five weeks in the evenings;
have recollection Of employing Mr.. Hazen for any
vices previous the 18th March may have done So he
was employed upon business ! was very much interested
IN the clerks sometimes worked in basement for the
Art Union d. not think Mr.. Hszen worked there
do know Of my own knowledge whether he ever work
cd there not do not know who the person who
actually employed him. but he was employed by the Com
mittee Management the committee constituted of
twenty gentlemen II is impossible for to recolect
teir DANES paper containing the list Of their
Is in the custody Of Colonel Andrew Warner; do
know if paper is in this is under my CONTROL
but not in my custody have not the least idea from
personal knowledge who made the bargain with him;
% not know what that bargain was.
Mr. Darlngton.-Iiow do you know that Mr.. Monk had
authority 10 employ extra servicesY
A.-The full sense OF the Committee Of Management,
sen and often expressed to allow expenditure for
extra services whatever of course in the sense such
debates and conversation have other of know
ledge than this.
ployment of any outsider there unless il was first re-
ported to them ana an had been made stating
clerks ALREADY ed unle FIRST reported to and sus
tanned by them
TO Mr.. Darlington don't think the Comm ttee of
Management passed resolution expressive Of this
heard this in an informal debate in the committee
do not think that Mr. Monk employed in writing;
think was in Europe the time he was SO employed
knew was not present at the Art Union think was
present every meeting Of the Art Union since
President the OF Management only
ore comm uncaton from Mr. Hazen upon this subject to
INV kno"iedee Nf'' ''''sN'' y
Court Answer IL any were presented which were not
received.
A-No sir
10 Mr. darlington communication could have been
presented 10 the committee from Mr. Hazen in August
1867 as there was no meeting during the month think
there was none presented in September but cannot saw
so much for this month the Executive Committee audited
the bills OF the ASSOCIATION.
Mr. Coe-Do Won know Of any instance or was there
nry insta,e while you President any bill being
presented allowed paid any clerk in the regular
employ ~ the institution for extra servicess
Mr.. Darlngton.-I object to the question leading.
(Farled out.)
br Fullerton-state whether extra COMPENSATION was
paid TO clerk of the institution for extra services
A-Neyer.
Witness continued What was paid to Mr Burroughs
gratuAy; there no claim ever made for it.
Mr.. Cow hat were Mr. Hazens services for Sundays,
evenings nights, and al his entire services worth dur
ing the time he was enpioyedf
Collected to- ruled out by the Court, and exception
aiken by counsel for the de'endants.)
to ny plaintiffs counsel, ruled out, and exception
taken
Mr.. Fulerton-W nat dd the % per week. mentioned N
the bills produced, incudeS
At included the entire service OF the plaintiff
SWhat were the usual hours for labor OF the clerks
In that institutions
A.-There no usual hour; they worked until
half enough Of work OF they worked till mid
night they worked the same as merchants clerks.
1850 TO the LIST Of January 1851 there such press
Of business would ue the plaintiff to work Sundays
and after dark examined the books Of the Institution
time
Mr. Darlington submitted that the party having de-
eidsd an examination of the books and the
result IN testimony the books should be produced
Or the testimony stricken out
The Court held that the plaintiff was not entitled 10
their production upon this ground ard end motion
Witness coninued-t is usual to present all bills for
pay before the accounts closed he purpose
OF making final report the end OF the wear this u
upon the first Friday before strnas all claims that
could be ascerained for current expenses was ne
oessary houd be presented before the
port went to TIE printer which generally in the
February March succeeding.
To Mr. IarIngtonI have stated that the So Der week
Included the entire services of the plaaf know this
froa the fact that he never made any other claim and
was exceedingly anxious 10 come and work for me at s.
PER week and yet 81 per week for his night work out cf
can think Of; have already answered how knew tina.
there no usual hours Of labor for tie clerks
know il from nv own knowledge and belief that there
clearer answer than this was not present when The
bargain made with Mr. Burroughs Mr. Monk;
.as no revolution Of the committee of management or
executive committee to nv knowledge fixing the hours
Of labor il IS not my business present bills but know
the custom OF the institution with regard 10 the payment
Of tills: il beloved me to know or inquire something
About how bills we're paid there a. the Art Union was in
debt and had to nav from $40 to SIS 600 ont o. nv
own rocket on account Of those debts have no doubt
but som. of the bill now shown me we're paid before
tbey we're marked "a passed. bills of this description
were frequently paid due before they
we're finally passed they all finally passed at the
end OF the year persons in the employ OF the Art
Union received for extra services such
they got IL as gatuity several persons got grauiy
for such services clerks worked late and got
gTauity the whole committee considered the pa yment
gratuty it not put down in the current accounts
gratuy il put down as salaries exam ned
book last evening 20 ascertain the exact amount of
labor done by Hazen and TO he there from the
FIRST of October. did not believe the statement to