The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-24

date, but was about the time made my report to the
Common CouDcl inspected 1t then enough 10 ace thai
when compared with my report correct; took my
report from the original assessment roll they say that roll
has been stolen since this certihcats Mr. Turner's is
correct transcript Of II, corresp onds with the report
sent to the Common Council that is all say about il
there was no appearance Of any the figure
before So in the prices Of setting curb gutter in the
original list can swear that this mir smiths copy is
correct copy OF the assessment roll.
Mr. W. v Leegeu also testified that this was correct
copy OF the original st and that the signatures
OF the assessors Mcneil Oakly and Doov the bottom
Oft were genuine To the best OF his knowledge
The Third avenue csse was then taken up.
EDWARD BOYLE, City Surveyor, sworn and examined: =
Alderman ADAMs-Mr Boyle, can you give us any infor
nation shout the alteration of the figures in your return
Oh TINS case on Third avenue, between Sixty first and
Eighty sixth streetss
Mr.. BoYIE-Before stating anything about thst wish
10 remark that some parties who testified here made
serious an wholesale charges against the Board OF City
surveyors and as am Of that Board think right
for my sake and that of my asso Gates TO
these charges; stated in substance that We were
not rorthy OF belief under oath L that the opinion of
Alderman OwENs-Oh, Mr. Boyle, the committee enter
tam no such chargee.
Mr. BoyLEA gentleman stated here that the inspectors
Office a useful one; but that the surveyors could
charge as much as they pleased that gentleman. II he
knew anything Of his duties as chairman Committee
Of must have known that the fees Of the
City surveyors fixed by ordinance of the Common
CouncS now, to show you how this matter stands, l
to take charge Of the regulating setting curb and
gutter and paving Thirty sixth street. Lexington
in February 1854 and my fees were ISL o. while the in
spector received $50 for his services
Alderman OwKNs-Well, We are not making any
charge saRa;nst the surveyors.
Mr. BoYIE-But you allowed Mr. Monaghan to 60 outside
the case make these charges against the surveyors and
they made Public through the newspapers again.
he said their Office worth the Presidents salary
whereas the whole amount paid TO surveyors for year
by both Street Department and the Croton
Board, collectively only Sic COO; you divide that
among twenty five or thirty surveyors and give each Of
them s25 600 piece, it more than could accomplish
Alderman ADAMs-We have nothing to do with that
subject We want information relative to your
vey Of this work on Third avenue.
Mr.. BoYLE-I was appointed surveyor for regulating,
setting curb and gutter and tagging Third avenue, be
tween Sixty first Eighty sixth Streets the Sd De
cember 1856 the 7th Of that month the specifications
issued from the Street Department specifications
produced); the 18th the contract was awarded to
Bernard Callaghan, 329 Eighth street, G. N. Delahunt
the Inspector the contractor failed do the work
and it allowed lie till October 1856; In the
specifications there clause written by me- and took
the responsibility OF it, that the price TOR setting curb and
gutter 10 include such excavation may
be necessary 70 set the curb and gutter and
the backing of the when SET and the price for flag
gng must include the gulaon Of the side walks TO receive
the the furnishing all the necessary gravel
the rock return not contemplated in the specification,
because snoseh. 'here was no rock there Mr. Boyle
from December IS to October, So there necessa
rily quantity Of earth washed down the work at Ham
on square this Of course unforeseen at the time Of
making the survey but had the first contractor done his
work at there would have been extra allowance
whatsoever necessary, except for the excavang the
at the time he gave the contract TO Charles Devn that
he would hold the suretes of Mr. Calaghan accountable
for the extra allowance consequent the falling OF the
embapkment.
Alderman OwEss-Have you copy Of your return
a. have but as understand that this case is to come
up before the Supreme Court on writ of certorar and
as will probably be called on TO testify in that tease,
respectfully submit to you that may be Injurious to ex
anime me further on it at the present time.
O. DO you know that you will be called a witness in
that casef A. am informed
Alderman OwESs-How many yards of earth excavated
did returni A. Well, that opening
question.
Alderman ApAms-Our power is as high as any court
We expect get Information from you therefore
you will please answer the question. hope you will
throw no mpediments in way.
Mr.. BoyLB-I do not desire TO do So you; 90
not wish TO avoid the issue.
Alderman ADAMS bopeno technic altes Of law will be
thrown way. Law is cheap these days. isn't it. Mr..
Conover If you have your returns hope you will let US
them. A. have not get them here because tell
what they were by looking at the assessment list and
did not know there would be any objection TO letting
sec II; what is the objection tn show ing II met
Alderman ADAMS Well we wan. to compare il for our
give US all information on this subject
Mr.. BoYIE-I only received your subpoena half an hour
q. How is that We subpeuaed you several days ago.
A. only got the subpoena to day.
Alderman ADAAs-Sergeant al Arms, when did you
the subpoena Mr.. Boyley
The SERGEANT ARNs said that he called at Mr. Boyles
office yesterday but did not him did not leave the
subpoena. He did not see Mr. Boyle nor notify him until
TO day.
Mr. BoYIs-Now you see there is no desire on my part
TO vi hhod any Information can give on the subject
d. r. CoNovER examined The specifications from which
Mr. Boyle read signed by Mr.. Furey; those upon
which based the communication which sent TO the
Common Council the 18th OF January signed by Mr.
Taylor, con comparison their general features were
found 10 be the same) When my communication TO the
Common Council published, or day after Mr..
BOYLE informed gentleman IN my Office ,ha, the figures
10 my report not the those returned By him;
the difference was a follows
ON the assessment list they appear
i2s5k cubiciysrds Of earth excavation.
ssssh " " t esIth nnn 80
In Mr.. Boyle's return the figures were
l,2s51s cubic yards Of earth excavation.
800 500 earth alius
You the alteration IN the figures plainly enough
yourselves for Mr. Boyle most particular TO draw
me parallel lines red ink his figures and you
see that the are olamsly produced TO the
The ist was here shown and the alter alton in the
figures quite manifest 10 the most ordinary observer
a. Have you any idea, Mr.. Conover, when this altera
ton was msde' A. No, at ALL these Dgures, with the
price Of as cents for rock excavation make increase
on the assessments Of 1880.
the assessment list to you recognise these
figures yoursf A This IN the first item does net look
Ike mine.
Alderman owKSs-Just state whs, figures are yours.
A. The 2s5 in the first lie the sly 10 the second and
the SEQ IN the iast look like mine.
But not the In the first item, nor the in the other
two A. These were no, made 10 my Office
y. Then the alterations we're made after the list left
your hands, A Yes.
Aiderman ADAxs-Ths, Is enough; that's wha, we want
usually given TO Mr. Taylor, but In this ! don't
member 10 whom Il was given.
Alderman ADAMs-You wish, Mr.. Con0ver, 70 state who
the gentleman whom you informed Of these altera.
tons Who was II, Mr.. COuoverf
nr. CoSOyER-Mr Kngsland, clerk 10 the Comptrol-
ler's department, who occupies a desk in my Office.
Alderman Adams requested Mr.. Boyle 10 send the com
mit,e,ss communication containing copy Of his ccua
tons for, the next meeting TO which Mr. Boyle readily as
sentei.
Mr. Jos p. ssrsoN, property owner on Third avenue,
ed that four lots the north Of Third
and Seventy eighth street were assessed flg5 65 that
lots the southeast Of Seventy ninth street
assessed S213 20 for the same work another
ner &1ps 20. while those on the northwest corner Of
sixty first street and Third avenue. his lots,
only assessed fpI II just half the price Of the others He
had doubt bis assessment correct but the
others charged double fact which he could not
well understand.
Mr. Mcneil the ASSESSOR sent for bu, being
he declared that for the life OF him be could not tell who
made cut the assessment or account for the discrepancy
without seeing the assessment list; but A. Mr. Conover
had gone home and locked up the list, the committee ad
journed 10 Thursday next, at O'Clock.