New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-01-26


commissioner Mr. Els Oeice; he present; tne
frpt bids sent In req cted, and we had new one
made the frxt having oeen declared iniorna ~ Ie
filing up as regarded the offidavits in the aitercph
Mr.. Mott. Mr. Sickle and myself had an intervie"
with Mr. 4. IN bis private Office be appea,eu " %
much dlssatiasoi with our bid he said We hedn ~
our word, end told Mr.. Sickles and myself tne. 'he
transaction wac ended and the paper had Des'TI oe
DESTROYED said he had rather buy the papers auu
them os of the road Mr. Sickles had the papers ane
proposed that be should destroy them We dd hol get
| the coDGact. 80
xarnued by Mr.. Brady snder't1nd you 70
sav vou testify reluctantly, and went before the vi anu
Jrrt reluctantly a. Yes, Sir .,.,-.u.o Octo.
| 81: T. In whose possession was that paper u 80
l iast1 A. tbink had it in August Esi; e re,
s,sed 10 give il 10 snv one, Mr. Hal demanIed IRON
ne tbe dsy wen. before the Grand jury "ls sun
penaed ia Odo,I !a.ti nav fore went into the
| Grand-yury room; he sad was in the hands OF tse
pb;sD. 3 ard they would make me te5'IIyi lLduu
teri; asout hall an heur on .[ Uoa' VIZ NJ
| fore camc 10 New-York my partners demanded The
PAPER fro= me by threats, and said was waH;ed II
New-Y0t; ! wrote to Mr. Mot but rectlVel Nc
answer; MI Sickle tired TO get tae paper iron me-
no othe. person saw the paper tony knowledge, nor
copy Of It, except my partners End counsel nor can
lei. how Mr. Kali fOurd il out; sald that was not
ayar being a strar ger that was illegal for me to
| make the contract ] knew it was not bargein |
shorii haw. made if was n his place. If he asked
sl70GO0, should have given it, and the CITY should
| be cleaned; | believe II tn be immoral 10 a certain
/.
qeantjy, and b: saw nc 'narm III maShe W honest
| dollar.
Mr. T,rady-Did you consider this aniramOral or
/ dishonest contract a. Not to a certain extent
Mr. Bradv-TO what xtentl A. iCertaiHly.) That
| did wrong end rectifed the error when could.
! Mr. Bray. Never mind error; was It honest a.
TO certain extent hink not; the pa.entee OF the
| street sweeping machine Joseph htworth of
| Manchester, England ] improved on IT. such ma
chimes are operation now by CONTRACT in PLadel-
phia; never knew n. Ebing before L saw him here;
- A.. al. tho ft
understood that should the authorities in this city
by my partners; fey expected | should call on him.
| III tell YOU the object Of my visit.
| Mr.. RI don't want to know the object. Answer
| nv question Did your partners know whether your
| business was TO get the contract A. They knew il
was n part of my business did not think proper to
offer Nr. +. a reward; knew re he'd great influence
he said himself he had the night 10 make the contracts
spoke highly of the machines bat had not seen them
in operation; the proprietor OF The Pubhc Ledger
and other Influential gentlemen, had spoken highly OF
the machines; our firm failed last July, and there
now unfriendlV relations between the former members
of it, our first interview was an honest, straight
forward business one; in DOR first private interview It
was agreed that MIR. f. should 60 70 Philadelphia and
4cc the machines in operation; we saw two. Paper
shownl. This il the writing of Mr.. Sickle. The
letter read inviting Mr., r. to see the machines
tested 1t then agreed that We were to get the
machines 10 New-York at once and he would prepare
they way for them; were 10 get them mp as last "a
they were required it not specially agreed that
only machine should come to the city, as aras Mr.
l.. was concerned; whle.M Mr. T.. in Philadelphia,
the agreement canyaSsed over by myself and
partners, who indorsed it, had no advice about the
legality of the contract till about three months
after; the agreement with Mr.. l.. vas broken
of after his report to the Board of Aldermen; my
partner did not approve of his conduct; the
contract was roscinded between Mr.. Mott and
myself in April Mr.. VI. said he very sorry
be had anything to do with it, and thought the
would resign bis Office; said it had better remain a
dead letter and let the papers be destroyed found
out that had done wrong from Mr.. c. himself, who
wa ms deem a he
or May; one of my partners had spoken strongly on
the subject to Mr. E.. this about the beginning of
the disagree ement; thought Mr.. Els conduct was
undorhanded in getting on here and then opposing
rs: of tine interviews he told me was fool
that it was for interest for him to appear unfend-
" to us | took that view, but my partners did not
the first trial of the machines took place in March, Mr..
| L. said we were foolish to bring them out when the
streets frozen; thought too; several other ex-
pcrimens were made Mr.. +. condemned the ma
| chimes, think, in one-sided manner, which made
me think be did not act fair he said the were
that it might operate better for me- never heard him
say the machines were humbugs; he said the contract
| could not be made say they performed their work
| he also said they would do with a few alterations;
cannot recoect that he ever gave our firm ntmation
that the machines would not answer if letters were
sent perhaps did not them; saw letter OF Jan.
| 22 Mr.. Sickle managed the correspondence.
| Mr.. Brady here proposed to put in evidence copy
of the letter from Mr. EbDg, dated Jan. 90, 1853,
which was permitted by Mr.. Hall.
| The letter read stating the permission OF the
Mayor for the machines TO be duly tested in the Sec
| Opd Ward Of the city.
Witness-Is there a copy of another letter.
Mr. B.-Do YOU with to examine me Laughter J
| Ii YOU do, any letter you want shall read.
| Crosse EXAMINATION resumed
| Q. The Mayor did not approve of your machines ?
A. Well, Sir he'll answer for himself; think he did;
| never went 10 any Street Inspector and offered him
a reward to report favorably of the machines; one,
| Inspector FOrdham, said he understood be was TO
have the control of the machines, and said wished
he would let them alone; offered him $500, if
he would report avorably; these were the 500 spec
tacles suppose, which mentioned in the Press;
said in an of-hand manner III give $500 if he would
mind. ibis own business; knew Mr. Souder, Street In
spector of the Sixth Werd had conversation with
him on the subject the Wards all unfaverabe
to me- Souder sent relation of HE, plmed Scott TO
employ him; found him good man, and should en-
ploy him again; did not offer him wages to report IA
| voraby letter shOwn This is Mr.. Seckle's writing
letter read, dated 335 Broadway, March -, 1855,
| signed 5. :. X Co., and notifying Mr.. Ebling that
they were ready to test the machines in the Second
Ward) agreeaby to the permission of Mayor Wood.
| Mr. Brady then proposed TO read Mr.. Ebling's an
swer, to which Mr. Hall consented 1t granted per-
mission to use the machines for week, which was
subsequently extended to three weeks, owing TO the
unfavOrable state of the sreets.)
The witness cross-examined at great length for
the purpose of showing that the defendant could not
10 his official capacity have influenced the Corpora
ton in the awarding of the contract.
AT the close Of the animation of Mr.. Smith,
counsel for defense rose and stated to the Count that
the Amended Charter of 1853 took away from the
heads of Departments the power TO receive proposals
award contracts that II the duty OF the Con-
troer to receive all bids and award the contract to
the lowest responsible bidder; that therefore Nj Eb-
ling if be did agree TO render the required ser
vice To Smith, Sickle Co., IT was done not Off
cialy, but merely as any private citizen might do;
that she Office of Commissioner o. Streets and Lamps
| - /. 4