The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-13
HONESTY OF BARBOR MASTERS.

UnwillinGness Of Witnesses to Testify-Thc
COmplainant's Case in a Muddle-A Tangled
Skein Of Evidence.
The opening OF the Court at the Port Captains
ONCE to continue the Investigations appertanng to
the alleged frauds in the Harbor Masters Depart.
ment was delayed considerably yesterday by the
non-appearance OF the wharfnger. Niver, who
seems ANXIOUS to avoid again being subjected to
the searching animation Of the defendants
counsel, Colonel Davis. At length Mr.. F. Cushman
was called to the witness chair but he resolutely
REFUSED TO ANSWER
any questions, even those put to him by his own
attorney, which had been before asked him IN Jus.
tice Ledwiths Court during the inquiry into charges
against Captain Hart, instituted by him some few
months ago. Mr.. Davis asked that the evidence
taken in the case before Justice Ledwith bo
produced, and SAID he was willing to accept
that testimony. Mr.. Benedict concurred in
this arrangement but the evidence was
not forthcoming, complainant's counsel having
failed to provide himself with copy Of 1t, The
Captain OF the Port said that he should rule out the
admission Of 1t anyhow, as the witness was before
the Court and ought In honesty to testify. But
Cushman would not take Captain jones' mint, and
sturdly refused 10 answer O host OF important
questions put to him by Harris counsel-in fact he
seemed AFRAID 10 reply to them for fear OF further
ELIMINATING OR CONTRADIoTIN0
the statement OF the witness Niver. Mr.. Davis, In
long and eloquent speech, commended that Cushman
and Niver had c0nnved to ruin Hart by bringing
false charges against MIN, ana asserted that the
wharfngers had lea2ued together to attain the end
they had in view. Mr. Benedict replied with some
asperity and delightful little tilt between counsel
ensued. The Captain OF the Port regretted his
inability to compel the witness 10 testify,
and as usual, threw as much oleagnous matter
upon the troubled waters as possible. Colonel
Davis asked that certain bills he produced should be
admitted as evidence. Mr. Benedict opposed the
motion, but the President OF the Court Overruled
him on the ground that as certain pis Oh the com.
plainant's had been admitted those the defendants
wished to produce were also entitled to an &C
Witness Cusl,man 10y Mr.. DAvIs)-The wharfage
bill OF f. Cushman, marked N, for $50, was paid for
the monthly lent OF the derrick aud house on pier
No. s. decline e gay whether stated before Justice
$'Nt' y IN TnE HABIT OF CHARGING
in my bill o certain amount for looking har6or
marked X, N, ., p, r, s and 7; bills Q and are
signed by persons In my employs al those ois were
paid; the $62 20 mentioned In exnlplt g,
might nave included charge for going for
q 1arbor master; have heard from TWO persons
at least-Mr. Gardiner, OIL the boat A. n. Hadley,
and the agent OF the Fultonvlle line-that Hart had
forbidden persons to pay me any rents ior inc use
did he would remove their vessels from the Slips;
said II they would not pay would prosecute them;
since Hart said that have
CHANGED THE FORM
of making out my bills; formerly made them ont
for the berth and that included the OF the
and derrick and other prlvileges; now make them
out for the rent OF derrick and house only; don't
alter the charges though at all.
Az this stage the Court adjourned until eleven
O'Clock on Tuesday next.