The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-17

Direct Refusal of Complainant 10 Testify
Knapp Re-exanined-Au Arranzcnent Be
tween Counsel.
The conrt OF inquiry into the truth OF the aega-
lions made to the Governor against Harbor Master
Hart resumed its duties at the ONCE OF Port Captain
Jones yesterday morning. AS Mr.. Nlver, the
wharinger, could not attend, as he was consulting
counsel Mr. F. CushmGn's examination was sought
to be continued; but that gentleman resoiutely
refused to answer any question put to him by Mr.
DAVIS, counsel for the defendant, unless Mr. Davis
would first make an affldayit that the witness had
been guilty OF
SYSTEMATIC ROBBERY,
as charged by Mr.. Davis In his speech on Friday
last. Counsel for the defence did not the
sity or proprety Of this course Mr.. Cushman left
the Courr after merely testifying tnat with refer.
elce to a previous examination into similar
cnarges preferred before Judge Ledwith, he offered
not to press those charges If paid the OF So 500
and counsel's lees.
Milton Knapp Of o. Broad street, was then re-
called by Mr. Benedict and stated tnat though his
first impression had been that the 5000 paid to
Niver by him was not gong to Hart, he had since
altered his opinion. BY Mr.. Davis-l never agreed
with Cushman that would pay share Of the
EXPENSE OF PROSECUTING
Hart until about year after the proceedings were
first instituted; made no agreement before the lat
ter part OF last November. gave Niver 500 on
September II, 1870, and 800 on December 8: the
whole amount was returned thirteen days later;
Hart has given me PERMISSION to berth vessels in
the canal district within the past year; he has
never refused me berlh; / did not agree with
Cusnman and Nlver that would bear proportion
oil the expenses III prosecuting charges against
Hart flied with the Governor about year ago.
Al the request OF Mr.. Benedict Colonel Alison q.
Davis was tnen sworn by the Court:-l am an at
torney and counsellor at law. and do business ut
No. PIe street: counsel for Hart IN the recent
investigation before Jud Ledwth: do not think
was present at every hearing, though may have
been; was present during the examination o. Mr..
Cushman: a portion OF that examination was taken
down by stenograpner; hold copy oil It. In my
hand
cence as he mad been unable to obtain one. and Mr.
DAVIS replied that he was willing that all the
should be admitted, provided CusIman would sub
mir 10 a cr0ss-examinatiOn. Mr.. DAVIS stated that
IL was his opinion tnat Cushmao was endeavorhg
viously sworc TO In Judge LedwiIh's Court.
AS no other witnesses were on n.a a!i Captain
case until hall-past ten O'Clock this day.
CoMMU IcATIoN FROM GOVERNOR HOFFMAN
The following communication relative to the
above case was yesterday forwarded by the Gov
ernOr to the Captain OIL the Port of New York;:
EXECUTIVE CHAMBER ALBANY, Jan. Is, 1872.
STR have received petition signed By the mercantile
qaesns 70 remove Daniel Iari, ci the Harbor
as e mas 81 ey bs eve e
no facts make no specific charges Of misconduct and IN
safs sy ME- % SsS not
the g tariffs have bsn ss with
nvsstg,ion IN addition to what testimony may be offered
TN s 70 ne ss
copartnersbp testify what they know in the matter and
as ss S:"S SaS
to dSs s the 81
i ~ JAMES f. JONES, ESQ., Captain Of the Port Of New
York,