The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-28

Thurow weed have anything TO do with this matter!
A. He had not Was be consulted about any way
suggestion as to your seeing Bools or seeing Loewf
He had nos @ And il never has been the sucjecs Oh
witness-sucs the occurrencsf O. since or beforss
have doubt have related the fact since the &C.
currence 9 And about that time you did THINK!
A. / did not O. Can you remember when you nrss
mentioned u 70 him9 can not; not until alter INC
spring Of 1884 O You say that you told DR. Elmer OF
Q When did you tell him 4. told him at the time
the negotiation was gong on; told him q the time
Q what did you tell himf A told him we had
10000 70 pay IN order 70 procure the right Of laying
pipe in the city, and the rights that belong TO gas
companies O Did you not tell the doctor that
the s2o, 600 was for buying up the Common councilY
a did not Q Nothing Of the sorti 4. Nothing Of
forq A might have given HIM an idea; don't know
that did, think stated the facts they were. Q.
gagged Mr. Losw 10 procure this right and had promised
that you had gone 70 BooIei A. think did. Q And
Yes. Q Where 10 Mr. Loew now 2 A presume he is
about the city; have not seen Hmm recently. q You
Witness-About wbatf Q About the expenditure
what he did with the money. A have inquired;
money, and had further curiosity about 1t; what
became Of IL never asked him. nor has he ever told
Redirect examination Was Mr. Boole ct that
time member Of either branch Of the city govern
A. do not know
BY Mr.. Field-Do you not know that he is the man
who had charge Of the streets for long time A.
he held It at that timer A. do not remember; do.
not know that he did. Q Do you not know when his
term began or endedf A. No; but l know thai we had
. Mr.. Boole for street Inspector
PLAINlHY IN REBUTTAL
d.. William Elmer, plaintiff recalled. Examined by
Mr. Field @ Previous TO the application 70 the Com
Council for the franchise did you have any
versation with Mr.. Mlbank ABOUT II? A. did. Q.
What did he say to you and what you to him2 A. He
said that he could get franchise from the Common
Council rather he proposed getting franchise from
the Common Council to lay pipes &C. through tho csy,
and that he would have 70 pay something for IL; and
told him would leave that matter pretty much TO him,
and he proposed 70 get the franchise here could get
one In Washington, and the understanding
Mr. Fullerton objected.
O. What was said between your A. He said he would
get the here II would get the in Washington.
@ Did he say through whom no was 70 get IL here
or whom he would employ A. He said no could get
them through Mr. Boole, Of the Common Council.
@ Was anything said about his having 70 pay anybody
or anythngr A. He told me that he had paid through
Mr. Loew 10 the Common Council for the franchise
$4,000. @ Did he state that he had purchased the
franchise through Mr. Loew Of the Common Council,
and had paid $50, 900 for it, A. Yes sir.
This all the evidence that related TO this transact
ton. At the conclusion OF the testimony the
summed by the respective counsel great length.
The Court then charged the jury who retired and after
an absence of about one hour rendered verdict IN
favor OF the defendant. For the plaintiff, d. d. Field;
for the defendant, William Fullerton.