, 1861-11-23

rem any Olher reason 1t Is 9G5 feet from
Lake street to Chicago avenue; 3,o75 feet is
is put on the west side Of the street; have
passed the place frequently, but Fas never
IN the street until then; if it was ever evenly
Ipread II feet wide and IS inches deep it has
been taken away, and the ground does not
south side Of Chicago avenue to the north
eId Of the mactdam work; the street has
been graded all the distance where the mac
adam tas been put on from the north end of
the macadam to Chicago avenue there Ia3 |
been no grading done
Gross E1aminat1on.-l have had eome &C. I
qatntance with Mayor Runsey prior to the
time he asked me to measure the work; when
he employed me, he said he wanted the qusn,
tity OF stone estimated by sone one not CON
zected With the city, that it might be given in !
al the conversation he said nothing about /
Nh. Colby; Mr. Rumsey did not 20 with me-;
never W8s engaged In maca1aulizing any t
street; cannot tell particularly the size of the |
stone used in this job, but most Of them would !
measure outside Of two inch range; exam
from the north Of the Mcadam to Chicago |
Avenue Tas mostly a stone bottom; the soil |
1s ordinary muddy prairie; stone put doWu !
would be apt to sink considerably; it WAS |
not sunken down 80 that did not t1d 1t all; |
aome may have been taken off the surface |
ANS4
travelling over the road would render the bed
Of the road more compact.
TESTIMONY OF A. F. ToMPENs,
an real estate dealer; know Aid. Colby;
have never been In bis employ, but have been
in butiuess In which he hsd an interest; |
made some negotiations between him end NJ.
Kedzie; I Was employed by Kedzie; the real
estate vas to sell belonged to him ne were
making the sale Of some property for c1aim,
Colby held against the city; the claim VAS for
grading and macadamizing Western Avenue;
Man named Pease first spoke to me shout
the claim; be came to my Office, and propo.
eed to sell hedzIe's property for it; did not
st frat know who owned the claim in my pot
session, but saw them in my office in Mr. Col
by's hands, about two months ago, after ne
began the negotiation; they were bill for
mAcadamlziHE and other papers connected
Eith the Western Avenue affair, estimates, or
ders, etc; made an appointment at my Office
to meet NE. Kedzie; l had no conversation
knew nothing OF the nature of the claims be.
fore that; Colby might Or might not have
known that was negotiating with Kedze.
I do not know that Colby knew when ha ar
rived what the appointment Was for; can't re-
collect whether explained It or not; had told
keozie what I understood the claim to be;
Colby then made statement in regard to the
work; said he had demand for about 81, 800,
and that seme papers regarding it might
be seen 1t Mr. MoDroe's office; SAW the pa
peIs after this, say three OF four days; the ne
days; had two interviews with Aid. Colby in
connection with them; tried to sell the claim
to o one; proposed to trade the claim also
to Mr, Fizsimmona, with Colby 3 knowledge:
the proposition msde to him was to buy some
property Of him valued at some 5 10, 900, aad
give the claim in part payment; this preposi-
ton was made to Fitzsimmons after the inter
view With Mr. Colby; cannot say that rac
ommended the trade; supposed the claim to
be good and valid, for the reason that the pa
pers seemed to be3correct Colby made YER
tal statement in regard TO the claim, based
doubt but the claim would be allowed; he
gave res6ons why it had not been paid one
was that the city claimed it should be prld
out OF the assessments, which had not yet
claimed the work, or q part OF 1t, WIS
out q the city; this latter WAS communicated
to NF. Fiizsimmons / never authorized
any other person to trade for this claim I
know no person By the name Of Dudley Wzr-
rener; the MF. Pease spoke Of was real
estate broker; do not know his given name !:
bis Office is in the same building with Mr.. Ell
drfdge, between Randolph and Lake street :;
Colby did not ask me to aid in the disposal Of
his claim, or do anything in the matter; did
not expect any thing from him Colby had two
or three interviews with FitzslmmonB; Mr.,
| Embree was not partner OF mine, but had a
! desk In the same room.
| Cross E1aninatina-Mr Colby made no
statements to me on the claim, excepting as
| based upon the papers his interviews with
the parties were brought about by me,
| TESTIMONY or SOL. Il. SMITH.
| I was one of the original stockholders in
the Stone, Coal and Mining Company; the
Company held an assignment from Messrs
Colley and Elllthorpe, for the paving and gra.
ding of West Randolph street I saw the as.
tignment; cannot recollect the terms Of it,
| 1t Is so long since; An estimate had been Is.
sued at the time, but do not recollect the
amount; the estimate was deposited at Tink,
hsn's bank for money loaned T saH 1t at the
cff1ce Of the Stone, Coal and Mining Cou1pa.
ny; I do not recollect the amonnt-buti 1t was
for some thousands of dollars know there
Was tome macsdanizlng done On Western
pany, Mr.. Taylor did some, but not much o!
it; there was sctlon BY the Company previous
to commencing the Western avenue; the
work was undertaken By the Company with
some expectation Of collecting from
the city for the same; but What ac*ion
mind; my recollection, however, is, that the
portion mAcadamIzed WAS outside the citv al
together; there IVES something said about
getting an order from the city for improving
Weste1n Aysnue; did not suppose the wor6
was being done upon OF by order Of the cit,
or its officers; about 81, 900 vera expended 1
lrecollect, but am net positive OF even that
DO not know how long it took to com 2lett
the work; ! first heard about claim agains
the city for doing the job very recently still
there might have been talk in tho Board in IA
| vor Of such an order; my stock In the comps
ny coat me $500 made some other edyanc
in the way OF q loan to Colby and Euithoepe
sold out to Eniihorpe, DAnks, Nsah Il Co., b,
advice OF Ar. Latin; did not make much o1
, ny stocE; DO not know exactly how much
!, ] m the frra oil +xo1
: ferrtd st one ti1ae, with Mr.. Coloy's assent;
supposed he was Interested in the purchase
AT: Fan Bu7en-"speak from your ON:
knoWledge"
~. sn,ah-Ar. Latin did nearly all tn
tslkiag With me, and / am not positive tha
. Colby was interested In the purchase,
70 Ar Fan B'.rfn-Colby never said he va
interested In the purchase; could not civ
! the conditions Of the sale without the book
and pspers It Was absolute transfer Of all m
right aad interest in the concern we were t
receive for the gross interest; By the STATE
meut Of MI. Lstin-Q
10. Fan Burrn-" We do not want hearss
evidence"
Ar. Smith, cannot tell the amount; bu
: We we're to get 81 600 in money, which Y
didn't RECEIVE; ! was e h.se $l9oo: son son
for SIC, 600, and some scdp against the city,
amount about I'll ,000; when the trade "
: completed, they hAd not the money, and H
/ were to nave In place Of IL some scrip Q0n
! think ever saw It; Mr.. Latin said he Woul
| give his note for q, 200 for the scrip; he g,
. Els note to Mr.. Dunham, not to me-.
Mr. Fa.s BureA.-Whst did you nnderutan
yourself, ,Mr. Lxfiin, Holt and Dunham were
. receive lor your interest In the stock sold |
Il Danks, Nash e. Cot
Mr. Ens;M~-Lat1iu came to US and STATE
J: that these gentlemen were to give us a certa
d amount for our stock, s., 500 eAch in note
u and 81, 600 in cash but 1t was varied 80 tn
:. ne took the city indebtedness, aRountil
= perbape to $11 COO; do not recollcct 81
groes amount we were to receive; among OF
e. things ne were to get, and did get, 9 lot (
the West Side, In part payment; Latin did Il
business until the final sale there is 1itl
controversy existing between Mr. Latin al
r myself in regard 70 tbs 6uai Bettemol
Y Q-Was not the sale made to Danks, Nash
d Co? Did not Meears. Colby d Enithor
sign the notes - surety for the othtre? 4.
So far ns that is concerned, was asked Il
would take the note 90 slgued, and said
would Q.-Was not the sale nada to Dan
d Mash! Any impression was that Col
It EllithoFpe became phftas to the operatit
or purchasers to certain ext tent. an a
confident that any portion Of stock was tra'
feEred to Colby Or ElIshorpe Q-Do =
know to whom 1t se6S tfxusfe1Tedf Al
not recollect, but tho understanding WIS Il
Durham objected to the paper without Col
& Euthorpes notes VIA satisfied, perst
Ally with whatever they Were mind
Eivc me, As I wanted to sell my ato
Q-Wss there spirited controversy betws