, 1861-11-22

zViaenee Of John H. Ke&xle ana D,
H. Holt.

6~4eA ~ @a0eAAAs>4 ~o1uys 14scE I0o l0H8 In
terim which the latter has enjoyed In qfs n-
censa.
The first wltnese introduced was Jor H.
Kedzle, who testified as follows:
TEsT4MoNy OF JOHN Kzpz1E,
know Ald. Colby; have had negotiations
With Mr. Colby respecting the purchase Of hls
claim against the city on Western avenue It
was aome two months since; some agents o1
told me th.t the rarty, whom did not at that
time know, had = claim against the city in ths
form tf city orders they proposed to take d
touse ard lot on West Lake street, aud think
lone other real estate, for which they pro-
posed to gfya me the city Indebtedness, aud
referred me to several parties to :cctatn the
condition Ct the cl A!m On inquiring found
that the Indebtedness .sas not Ia the form Of
city orders; Mr. Monroe showed me the
papers, and gave me his version and opip-
ion OF the claim, which turned ont to
be claim against the city for macad-
amiz1ng Westsrn avenue; Mr. Tompkins
ard Enbury made an appointment with N :
70 meet the owner Of the Claim / met VI
Co.U5 l. cesess::e I. tt.= z: s=hnrs hlock
oh1"cteu to Purchasing the claim, and told
loMklnE and Enbur2 that abticipa.sd there
Eonlo be difficulty in collecting it; Mr..
Colby 1epresented 10 me that the claim was
before the Co1nmis sioners, and that they pro.
ceeded very slowly ttat 1t might BE- some
time before they reached it, but he had no
doubt they would allow 1t; he .4lso stated If
had any fears atout it, be wou1d have 1t
passed through the Coancll, and further, that
be had Recommendation OF the claim from
R1.joii.y r 81 the Alsesmen' afser considering
sny trade, audi tie matter dropped.
Q-Who were The parties to whom you wero
referred by Tompkins aDd Embury? Al
was EefeTred 10 Nj: Aunroe; don't know
that Eas to any Others. Q-Was any dis
@ tlnct offer # made 70 yoa? Al knoM | pro.
Lake street l had gi7ea them several lists
Of real estate, and this one was picked out
from them. Q-What YVES the valua Of the
zeal estate proposed to be taken for the claim
Al think from $1,000 to IS GOO.
Cross E1aninaation-- you remember
when this investigation commenced? a.
1ee, Sir. Q-Was this transaction you have
spoken Of before or after thats Alt was
some two weeks before the charges were
made. Q.-To whom did you communicate
this transaction? Al never communicated
It fully to any one before this time. Q.-How
this? Al don't know. Q-H.ve you had
aay conversation with him? A-No, air.
Q-HaFe you had any with the City Attor
ney? Ayes, sir, at his Office il the Court
House Q.-Had You communicated it to any
one before you Hsle hubpanaed? A.-No,
slr, rot the details. was oaee asked about
progress. Q,-Hho inquired? Al hardly
remember. I was in the City Clerks Office
at the time, and some one said to me,
You Know Eomelhing about this trans.
aeuon. l taid did, but did not
60 into any details Of 3he matter. onig
I,1n remember 1 the City 1Clesk and Consts-
H. eonsdsFsa sTs Prsss9t Fsspset,ses es ci1
zen! Al consider him tuca. Q-Is he
Ieputed to be an honest man? Al never
heard any imputations against him. Odd
!ou qrdertaad be Was MI. Colby's attorney?
Al dld. Odd lie give you full State,
ment OF the patnre ard character Of the
Gain? Ale dia, AID showed me the pa
ptrs 1elstirs to it. Cat the interview with
Ut Colby, what pap=1s did he show you? 4.
Acne that ramember, except the recon
mendation alluded to before. Q,-Wa5 not
tnia the statement Mr. Colby made in relation
TO this claim being Fass ID by the Council
dld y9u not ask him whether j: would be
majority Of the Council had recon-
nended it and that he presumed it would be
Pested? Al think he eaid he 2noaEd hape
the claim put through the Co7sncI before the
tfaL Lsachon vas eopsanmated if chose. @.
Did Jou not know that he could not have
the claim put through unless the Alderuo en-
voted fori it? A-Wel:, don's know,
:, 10 Afr. Col5y:-Q--Did not this conversar
ton take place in Mr.. Bunpey's ofice. Al
Con t knoT Mr. Bonney lanpposed it WAS in
your Office. Q-Don't Eou Remember that I
told you presumed the claim would pass the
merded it? Any former statement is as
near as can recolleet the answer; there NAV
be bare possibility that one Of your agents
may have stated you would hare it put
through.
TESTIMONY OF D. r. HOLT,
Il Was connected with the Chicago Stone
Coal and Mining Company as 8 Btockholder
and Director; I vas also the Treasurer was
member Of tie Company from Its first or
lime inter1eEteo IN CAIN against the city for
macademiziDg West Randolph street: I don't
Know What the clsin W2s; I don'c know OF the
redt mpflon OF an estimate ikEu d by the
CITY to Colby and ElHthorpe, which they had
Pledged at Tinkham's for ioan; think Nj,
Coloy PITTS Was e eognlzant Of the CLAIM I know
1e1y little OF the details in this matter; Mr.,
Colby mas very anxious to have
the settlement coasummstsd there 1as ne,
claim made ulon the Company BY Colby for
any OF the a7ails Of the bonds given BY the
city IN settlement; never delivered any esti-
On western avenue, to Mr. Colby; the amount
OF the bonds We took in settlement was either
Sl5,0VU or SIG 600; I heard the mac ,damizinr
ct Western avenue talked over in the Board !;
the substance Of it Was thai We we're under
me necessity Ct going on to improve the road
LOT our own benefit; / knew that the Council
mac taken some action at the time about The
improvement; the matter was managed by
Mr. Colby and Ellithorpe don't remember
when TIE Company decided upon the improve.
meDt whether it WAS before CRATER the order;of
the Council, but think at both tunes; 1 can't
say whether any portion Of the work
Waa done before the order, but Remember
the majority of It was doae after the order
was reEciDded; shcu1d think the work cost
the Company les than 81 600; it cost, how.
ever, more than ne expected, IS We set it
oeWn Ut @A'o or $40O; I heard this sumner Of
c:alm pelpg presented for this work; the
company preferred no claim willis I was a
MEMBER my impression always was that We
macadam'zed the west half of the road in the
to#D, outside Of the city, and that the cttv at
tne same time would hare to mec.dam;ze
their side of It.
tsr C,oss ~ E5aniieatio1 Were you present
upon a should think not. @. D5 Won
Know. then, what the details were2 4. No
Ell. y. 10 what place aud interview do yor
1eler When you say 3ou think Colby Was
Present: 4. At the time the Mayor gsye me
ne bonds, It was in the Mayors room. q
Have You any recollection as to whether C1
oy was present then? A. I am confident he
Waa. q; Do you mean to say an order Wa
passed by four Company to macsdamizs
western Avenue at the expense oj
ne Cnmpan! 4. That is my recollection,
cont knoW the form of the order. That. the
books will show you. Q.-Are you cerlaiu
t5hf such a4 o1der VAS passed By the comps
~! Al an not certain any record Tas
made Of such q thing, Q,-D:d Won Eesn .
book Of records? A-Tes, sir. Q>-Were hi
oroefs and resolutions passed by the company
entered IL that book: Al don't know. O.
Were any entered upon it? Al tding
ferc we're. Q.-What was the book for? A,
"A book Of record. Q-Record of what
A,-Ihe afairs and transactions Of the com
Eany suppose.
q. VITO signed the petition to the Council f,,
an ofoer to macadamize Western Avenue ?
= CONT know. Q. Did you sign it? A |
been presented to me, undoubtsdly I shonld
have signed it. Q. Would YOU have sigaed a
Petition to the Council to procure the passare
q an order to mscadamixe street outside tie
city? a. The street WAS not ont of the civ
limits; il Euch had been the fact should not
lave signed it. Q. Had you ever been on
Western Avenue before the petition WAS pre-
ssIted: a. les, sir, perhaps half a dozsn
1lmee. q. Die you know at the time that IN
effort Wns being made hy the company TO get
an order for macadamizrg this avenue? A
| heard such ac effort was being msds. @.
Did yen expect that If the Council made sacn
~ order md your company performed
tie labor urder the order, they
rou'd receive pay for it? Al didn't SUP
pose tie Company would do work without
pay, although don't remember about this
particular instance. can't tell what 1 expect.
60 then. Q-Nhat did you suppose was the
OBJECT IN setting such an osder from tn s,Couu-
Gl Al don't know what supposed O.
20 you mean to be understood IS convey.
tUE the 1YDrreAsinu that ~ thu Taur n;1