The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-05

enlargement in 1887 the fxisg price Of timber fur
BY Beschano Roseyet was referred to him o the
of ,imner for several years. hemock eighteen and pine
forty dollars the why hose prices estab
hshed because 1t OF bsst quality, and delivered
at a much gIea expense. necessarily, by teams and
ralroad generally so an advance Of seven or eight
dollars delivered In winter; the prices shown
Engineer Seymour, who submitted them to the Canal
Board.
Mr Farmhouse put this question Did Engineer Soy
mour approx OF the prices you submitted to HUMP"
MI Champlin one Of this mana gers, objected to the
question the ground that the engineer had
ty fix the prices; that the duty Of the commits
sone and it illegal to refer the matter to the eng
nes- the apr ROYAL extra official and Of no binding
power upon the sa,e the evidences also mere heasay
Mr.. Pecshsm contsndsd that the question peril
nsnt to the ISSUE the commissioner Ia charged With hav.
ing violated the law wsa to show that instead + such
violation he submitted to the engineer which he had
an undoubted right to do. That officer was the bsst
qualified to Judge Of the quality neasurement. aad
and there approved sho sing that the commissioner acted
in proper and judicious manner
Judge DEMO enquired whether this reference to the
gineer was prior to the contract being finally msdes
Mr. Peckhsm- Yes, Sir, it was.
The vote was then taken. and the court decided unsn
mouhly to allow the witness to answer
Mr.. Peckham to witnsss-How is the fact9
Answer-Epgineer Seymour approved the prices which
had fixed upon the lumber; after wards made eati
mate OF change construction Of he dock and sent it
to the Canal Board which contained said prices fixed
then at the request Of Mather was Informed that the
Jonas Y. Oothout called-The quantity Of lumber
which Brady had en- hand vesmall: was not applied to
NaL00fn3lK. hnOW1Onh
the fogner madea proposes after he knew the con.
tract was given to other parties
Mr.. synolds put this question-swill You state the
the docking became necessary
Objected to By the managers, blu. objection ovsryued
by ire Court Is to IL and witness answered-The large
quantity of locking and dra IN of BY the
mills frequently caused boats to lie aground the slope
the cana, at such time prevented boats from coming
caused much difficulty and detention in discnargng and
receiving caIsoes; witness was the first to propose
change in tie continuation Of the dock from plank to
TIMBER thinks the price paid for timber about fair one,
considering the obtained it very import
ant to complete the deck before opeaing Of navigation
Frederick Toilet caled-He was q member Of the
Canal Board in 1851; recol'ects the change Of
plan from plank to timber; the final pan for
Mr. McApn the prssen. snginssr ail the Cansi Commits
sonefs received mileage fees in addition to the appropa
Se g
EXISTED sS sls nsaax to %
constantly on the line has knowledge that tho public
interests have suffered in consequences of not having
Daniel Stewart, Francis F. Curry and Andre f. Cal
houn, were particularly called by respondents counsel;
neither being present the Court took until four
O'Clock.
The Court met at four O'Clock, quorum present
Francis Curry called and sworn-Was engineer on tho
frequently visited the lire Of canal sometimes with
supsrntenoents witness went over a great portion of
tss c. Once IN two xeekS S.. ahsr at Science
places knows that Mathsr went over sections three
four Of his division.
Judge DEMO offered ORDER that after the evidence be
chamber.
The Pesdsnt-Doss Judge DEMO wish the question be
now put
Judge Denio-Nc, not at present.
Witre ss continued Has ssen Mather "a every section
Of the eastern division Of the Erie cay has seen him
on the Black River canal but MOI rae canal
Mr. Peckham-Ws are sorry to state that witness,
expect TO prove the value decking cannot pro
cured to day. We also visb to ask Mr. Calhoun who has
found, though be mS ss in the city with these two
WITNESSES the the part Of the defence Is closed
Know hs acton eSF the will take as 70 the order 4
summing up. We think the counsel for the respondent
shoud have the closing argument Upon every principle
OF right AID Justice such should bs the case.
Mr. Lsonis thought this very extraordinary PROPOSE
ton This course is rhpecedentsd, and is against all
rule ,nd practice in the State. In the Of Judge
Peel four Managers closed the debate on the part Of the
people. Mr.. finally consented to open the case, and
gre the respondent the closing argument.
Mr. Hastings thought the practice in all courts OF JUS
tee in this STATE should be followed in this case it is
The right OF the prosecution
Meksrs Reynolds, Pcckham, LOOMS and Porter fur
Their argued the question when
Judge Willard submitted order, that If than
counsel on each side be heard then the arguments
be made alternately the closing argumen, being aovsd
to the Managers for the proaec ltion This adopted
Mr.. Reynolds then moved that more than two
ccur each side address the Court after the tesI
nopy thall be closed.
This was opposed by the Managers, and supported by
senator vanderbilt moved to resclud the order adopt
ed on motion Of Judge Willard.
Mr.. Ccosy hoped the counsel for the respon.
dent be withdrawn, in the hope that some OF the
Maragers may introduce some new natter as yet there
has nothing been presented but old matter. BE prefer
red 10 take the question upon Senator Vanderbils pro
position for the purpose Of adopting an order proposed
by Judge DEMO, giving as many alternate speeches
council may desire. lie was ready to listen to them ALL
The upon resembling the order then taken and
decided in tae aGlrnatiye--17 to 10.
Judge Isnos order that counsel be heard alternately
rIoea 10 rvtpe mt yoc hen ado ,tp1
The Court Adjourned until tea O'Clock to morrow
morning.
Albany, Sept Q, 1863.
Lieut. Governor Church being absent, Chief Justice
Rugges took the chair at 10 ocock President OF the
Court At tie first roll call, quorum rot appearing.
matters remained in a,g quo FOR ten miuutess
when sufficient number OF members came into court
when proclamation was made, and proceedings Of the
day commenced.
Mr.. Peckham, counsel for respondent, called A. r.
Ten Brock witness part OF the defence lie ties
tilted that he Clerk Of the Board Of Canl Commits
soners he drew from the treasury the money all the
commissioners, appropriated by the supply bill Of 1851
for travelling fees present when the commissioners
discussed that law; all agreed that they contemplated
appropriation distinct from the law Of 1871 under
which moneys were also drawn for travelling expenses
Daniel G. Stewart sworn-Ives In West Troy; knows
all about the canal deck spoken Of ; appointed
inspector and supcrntended the work; the work, tim
bei and other materials in the dock cost about $50 COO
he made up the ccs BY actual measurement, and from
vouchers In the Office Of the Superintendent other
person assisted in measuring TIMBER the estimate Of the
cost Of the dock was made Immediately after the work
finished; the amount Of timber In the dock was
500 o5 feet board measure some sixty seventy thou
sand feet, delivered for the dock BY Roosevelt Beach,
left and used elsewhere; all timber delivered
was saved hewn square, the reason why timber
bore a high price was because largs amount was
required to be had at short notice and In the win
ter the price also enhanced Immediately
after the passage CT the nine million bill, whom
II was supposed immense quantities would be \
vansd for Tia public works. tbe docking Of West Troy