The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-26


Before Hon. Judge Woodruff and Jury
MAxcs 20 Dodge Barna ~ Ryna~Ss Ws~d-s
This s suit for damages against the Maysv q New
York, for preventing, is alleged, the paausns frm
fuhllpg contract 10 rake the Joseph walker, vessel
sunk with goods in the East river has beeu o. four
I'VE days and has been before poticed.
TESTIMONY xExAroR WOOD.
Fernando Wood examined by Nr. Edmnnds, deposed-
In 1885 WAS Mayor Of the cry; my once wss In Ae
City Hall bad private ONCE connected with the main
se ssss h SSss vsd sfs ss S:n -. s s
others who were there hsd % aks thstr sarn every m
and there busi enough 70 occupy during tho
o1ice hours the ofhcial hours Of busfIsW were hom
nine to two O'Clock, but mine wore generally fFom nine
70 four o'clock
Q. Did you have any complaint. in reference 70 the Jo-
sePh waser2 A. Yes, during the months Of February
and March but mostly In April; written complaints pre-
sumo nlo tho Mayors the ssrset Comm sstop
ers elce tho complaints wore from merchants and
others who trapsac.ed business In that vicinity
Mr.. Cutting objected to this evidence. Tho Judge satn
il was unnecessary 70 prove q nuisance
Witness-Thc complaints were Of doublo character;
first ncumbrance 70 navigation, and secondly it
likely TO prove detrimental TO the public health;
crs r Mlor) and the Alderman Of the ws-d rsooilsos
Of written report or opinion, but they sasc n
nuisance I consulted the Comptroller, being tas dis
bursipg ocer and called on To pay she was rerncved
the Street Commssisncr and tho CommAsoners
Of Health at that time that Board included the Mayor, tho
In
and the esdsuts Of the two Boards Of the Common Cun
Gil they constitute the Commissioners OF Health hey arc
day At IL o'clock that ws the law Of tho state rscsved
dh ecors authority TO net in the OF ne Joseph
Walker preamble and resolutions were sdopted:
Mr.. Getting objected, but the evidence Afmtted
Printed proceedings dated tho ttb May, 1850 read.
The preamble and resolutions were merely putting nao
Official form wha, had been agreed before Informally
that accounts for the discrepancy in the dates.
Evidence objected to by iir. Cutting
Mr.. Bdmonds was heard IN reply.
he Judse sad bracch of cane
before The question whether the contract vi Jones
properly or improperly made had nothing % do with tas
case Tho Court must sustain the objection AMI note tho
exception OF the counsel.
9. wItha wha. tine the contract 70 be executed?
Mr.. Cas.ng objected because the contra: ~is IN writ
Mr. Eimonds said IL was sixty days.
Did either Of the ilGn.ifs rppy 20 you for cnntrsc2
6bls,,cd TO As immstsriaI, but the wtnsas repbsd
ayes 4"
Mr. Cutting sad that Mr.. Wood had NOT set that up BY
MIR Elmonds said he deemed the evidence both reie-
want and ica W make out the defence he had cpened
to tbs Jury. He had shown was nuisance bcSh 70
health and 70 commerce as long the vessel ~ IN tho
Mr Cutting replied that the Judge said the evidence
O. In september or October wcrs there complaints
made 10 you of The Joseph walken A. Yes, ihey vcra
Ieuts. Wson and Lapgdon and tho dockmaser, Doyle;
Mr. Barnes called spce or tw,ce; some complaints werc
OF The want Of police about the wreck among others
Mr. Jones' Mr. Barnes complaned Of the dcui:y Of get
consequence
men and boys drunken people and spectators
no also complaned of Jones, that he (Barrcs bad not
been treated sht on tho contract by Jones' and thai
would be losing business Tor him (Barnes) he also said
hard things Of Jones' Barnes 10 tweor three tnes
all The complaints from the police were Of The anne chsrAc-
regard 10 difficulties the contractors bet aeen
themselves; the complaints vcry frequent in 0c-
tobcr but net many In September tho dockmarr com
pained Of the police tho nposs ointy OF
his performing his duties, owing the obst-ocLon Of tho
whvos about tho wrock and South street, alao renem
bor there worc Complaints Of threatened Arh.s bus nos
NJ actin 6Uhf h-sU1o
relatives OF females complained Of persons swimming
about the wrcck-a great nuisance gererly scme state
wss more apprehension than any thing else the hos
We aber had passed that time therc TO ssr
ncemen there specially detailed my belief 10 Ai
more there ali the tme and on some occatons n
Keep me crowd back; section OF mon may be ten;
squad Is five men and sergeant; wH aooit September
or October when The difficulties grew serious;
" WHAT the character Of Jones' compa nx2 (0b-
jectcd but admittedly A. Jones annoyed very och
with complaints. and a. ! housht Unnecessarily ho
sys Ss .ss Ana .a q s.ss s
qucnt calls for police he said Barnes and posgs hal
made some unusual demands upon him sod tAt bs
(Jcues) would be ruined by the contract
y now refer TO the 18th Of October DID Auy event
then occur bearing on this atterY A. Jones had called
for police bus locked upon as . quarrel among con
tractors told Jones thai know nothing atout hs din
sul,i,s with Bsrnes an and Dodge and cared nohns se
and bad nothing to do with the sub contractors.
Did you any time call upon Mr. Jones' TO hurry h.m
W
also wrote him letter officially. Qetscr prcdused 10
witness There are copies Of the correspondence /; 1
have been unable 70 end tho original Of TIE snswer
Jones to me I have doubt Il " on Gle.
Mr. Cutting waived any objection 70 the reading OF tho
letter 70 which this letter, as read, an ans rer ,,
of October, when no was interrupted by M. Cco Who
said he wanted the letter Of the oh Of October
q To Mr. Wood-Can you explain this daei A. Ih.nf
corlcsl error in the eopys,, and that has letter
tho referred To.
Mr. Cutting having pcrused the letter. said be waived
r EdmoDds then read the letter Of tho lith Of October
Wft5ess coniinued-f have recollection CO writing
any other letter TO Akssrs lane and Dodge b.: tha.;
was copied by Mr.. Cook, who In my oR:s At ttlat
time think there mistake in tho date N NIX wross
but one remember the CHIEF of Police con nf 70 my
ofce about that time there but tw) persons
present. was writing, signing ccnses, th,ns; remen
Chief entered apparently In very greo hurry be sad
there was another call for mon for the Joseph ws1~,
and Sksd me whether be should send them; said
yes, preserve the peace: the Chief lef-
q. Did he remain any longer than was necessary 10
az. ,be question and receive the answer A. Possibly,
name OF water X Jones beng mentpned that lay.
O. Did you givc any directions 10 tho Chief 70 such
were 70 be plaoedf A No, sir. Qsoepton.)
O. lid you give any direction 70 the Chief 70 sbe
possersion Of the Joseph Walker and cargo No. sir.
Ind you give any direction as 10 tho n.meer Of po-
lcemsn that should be senu A. No, sir; rave no di
Y o. nirocty in the contract for removing ne joseph
WshAoi, VI W w Iee-Ncu roAh1-e W e1~s
account Collected 10 by Mr.. cuttng)
The Court SAID seemed W be leading, but ns subject
matter he would all1w " be proved.
Mr.. Cutting waived the objection
A. Not In the least, sir.
Cro-s exsmned-f have not sAid that would assurns
the responsbinty Of the whole Transaction
Y. Did you not say under oath before committee OF
the Board q Aldermen that you would NE
sIonsbllity OF the whole transacton7 A. Onciay dd
that end my tho last question Of kr. Emopds
consistent did not intend 70 assume any pecunAry
responsibility.
q Did you nos say before The committee ~ am wiling
10 mako good any money that The cny will lose BY any
act Of mine while Mayor. where assume Tho resoonss-
bnlyf" A. presume did, but desire 10 say hai ho
question before the committee 70 the legality Of lhs
-optrsct, and my general remark wss, thai The city
suffered by any act ef mine, would assume the respous
biiny.
q. Did you sny before the commhtec "And The Mayor,
when he does assume the power VIII be resron-
sbler A. have no recollection OF that suppose hero
were complaints entered In the compliant book N the