The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-09

AGt10m A4oAme6 t0o AxS Vm10ns
MAXINE esURr.
Judge Lynch prssidine.
NAH0 y.-Chsvis II. HasN Va M AmsricsW
m Unisw.-Ths trial Of this cause Was esnmsassd
Ionday morning, In the above court, before justice
ynch. Mr. Thomas Darlington appeared for the plain
H and Messrs. Coo and Fullerton for the defendants
lie Honor read the record Of entry The plaintiff seeks
recover for extra work labor and services rendered by
Inn a. ban Of particulars furnished to the defendants
he State Of Now York The defendants plead general
enia and payment and admit that they are body
crate Nv within the state o. u, ssw fori
GAay II please the Court this Is action for work.
bor and services rendered by plaintiff clerk the
efendants, who . corporate body in this city. The
ction Is worry sim pie one We will be able T. sho.
Honor that the gentleman rendered tn. seryicss
which he now seeks to payment and that he
~ employed to do so by the general agent Of the Do
ndsnts. Tho bill of particulars farnshed to the de-
,ndants exhibits the nature Of those services and
ne amount claimed.
Counsel here handed copy Of the annexed bill to the
ourt-
he American Art Unisn 49, To Charles Hszen DR.
or extra services as clerk for defendants folio
unday services from Oct l, 1850. March /. 1851,
I'VE months, twenty one Sundays, IT - ........ $84
isht services for same time, Gave months,) 12s
vening services from March Is t. Nay Is, 1854,
seven weeks, at $3........... 81
Total $23l
Joseph Monk sworn, and examined by Mr.. Darlington
know the parties in the suit the and the cor
oration in the employ Of thu dsfendant. from the
tending to all the business in the absence Of the Prss
ent and Secretary; the plaintiff came into the employ
rent Of the defendants think In either June or July Of
$751; employed him in the year of IS49 the defendants
oegaed the authority of employing clerks to the Co,
espondng Secretary by resolution and appropriated
ertan amount and placed it In his hands Tor tho pur
Of paying the persons employed color ell Andrew
farmer was the Secretary Cooael Warner
heun auufv CQrk Off ha Connt and bat ia
Mr. Fullerton objeeted to the witness staring what he
card told 1t is competent for them to produce
no resolution showing the delegation Of power TO
Mr. Darlington would give notice to the defendants to
roduce tho original resolution. The book il in
ourt.
Mr.. Fulertn-We are not in q condition to produce
10 resolution upon sach notice We do not carry
spers about in breechss pockets The document is
m0ngst the records of the institution.
The witness produced copy of the resolution.
The Court-Mr. Darlington you show any
uthorty that you have right to produce this copy
ss you have served notice upon the defendants to pro-
uce the original documents
Mr.. Darlington There is surprise, your Honor, in
ne case here Is constant practice to give notice
arties. Mt the time Of trial to produce doc The
pposito party knows the subject Of this controversy and
ney well Of the points upon whic tho trial
nges The only defence they set up is the want Of
uthority to employ, and we now give them nos TO
roduce the resolution of the corporation.
The Court made order that counsel should give
office 10 defendants to produce the record o'clock
Mr.. Fullerton excepted to the rule Ii the p .intifs
y, v
ue notice. We to suffer- The resolution is the art
MON rooms, and in the possession of the officer, the
ssoca'ion Counsel knew the Importance of it, prolue-
ion and he did not give proper notice submit that
9 should be either suite the case pos, ,ned or
compelled to go on without it.
The Court would adhere TO the rule for the service Of
Office now-the document TO be produced
CLOCK Counsel Tor the defendants took exception
he rule.
Sundays, and sunday nights at unusual hour, after
lis day work. after Le left tie employment vi the de-
endants, ] think In March Of 1851. the President
o0k him into his employ and the defendants peraitted
im to come nights and post up lie bo,ls; he worked
or the President at his store in Water street. he worked
here during the day during the fore going time he got
per week from the Art Union and at the Presidents
dr. Cozzenss store, he got 50 per week in order to
BILE the plaintiff to realize much ne had previously
eceived at the Art Union he had permission post up
no books nights and did So he got the s. per week
ordinary clerk he was require ed 10 work eight,
Of five and ak in the afternoon this il the usual
line of the other clerks he rendered this ordinary service
Turing the entire time have stated, and perforlnsd it
cry faithfully.
Mr. Darling ton-what services other than the ordna-
services for which you had agreed with the plaintiff
lid he perform for the defendants2
Answer told him what would be required Of hi
hat he would have to come to work In the morning
It eight or half past eight o'clock that his days work
hing Of him beyond that time, he then to work
old him that he would probably get as much as his pre-
Mr. Darlngton-Did he perform any otherservces tina
he SERVICES required of him under this agreement
-Answer-He did
Mr. Darlington servicesY
Counsel for the defendants excepted to this testimony
Tor the reason that you cannot prove extra services
e:s you FIRST prove . contract to pay for them
The Court disanowed tho objection, and exception
MAS taken to the ruling
Nj Dsrlington-what extra services did he perform,
Answer-We worked nights, and Sundays, and 5uudA
nights in writing up the books towards the OF tn
year there more work to be done in the Office than
when he was employed he could not do it within the
hours stated he first objected to doing the work
Counsel defence
The Court disallowed the objection
Counsel for the plaintiff proposes 70 show direction to
work extra.
Mr.. Fullerton took an exception to the ruling.
The witness continuedWhen he objected to doing the
the services he would be discharged and he did perform
1t he would be paid extra for it he frequently there
until twelve and one O'Clock night during week days.
October, thini-was for week nights alone; have
memorandum In my pocket, made ~ myself from which
can fix the dates It Is from the LIST OF October 1885,
the LIST Of March, 1851 that he worked the extra hours
~hen wanted him to work Sundays and Sunday nights
he at fret refused and used the arg which
had previously done, viz that he must either
he discharged and If he did work. that no would we'll
paid for his services; after he left the Union and
to Mr. Cozzens he had the privilege Of po,tng the
books at night for which he to have moderate
pensaon he did render the services and the managers
Of the Art Union knew it, he attended at nights for
purpose for period Of weeks he performed those
services to the entire satisfaction OF the desnans he
entered In the subscription book KEEP the
cash book opened accounts in the I'D did every
general oversight Of his actions.
Mr.. Darlington-Was it your dsty to see how he per-
formed these servicetf
Question objected to and disallowed BY the court.
Witness continued-My duty to receive subscrip-
tions at the desk generally the gallery in the
absence Of Colonel Warner, to correspond with the
distant officers eff the concern, and TO attend to the
general business details Of the institution during his
senoe aho; think Col Warner Deputy Clerk Of the
County during portion Of that year. no w,uld to
The Art Union little after nine in the morning. then 70
TO his business down town back about halt past
pass through the gallery and go to dinner about
oolock-after closing up the County Clerks oface-hs
would return and do whatever to be done this would
take him sometimes longer and sometimes shorter
time.
Mr. Misunderstanding the time Of the performance Of
he extra services by Mr. Hazen Sundays Sunday nights
did any OF the officers Of the institution him perform
the dutys
Question objected to by the counsel for the defendants
Hr. Darlngtop-I will vary It. Was the fact that Mr.
Hazen performed extra services known to the officers Of
the company
Objected to-
Court-The existence Of officers has not been proven
Mr. Darlngton-Who we're the officers Of the institu-
1on3
Answer-Prosper n Wetmore was the first President I
served under and Mr. COzxens the last Col Andrew War