The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-09
The JERSEY MUNICIPAL FRAUDS.
Trial of the Board of
; Public Works.

Bull VUs"AAou . Mouopoiy IA VonIacU-br8y
Knows Something This Time-Ben
Welsh Never Down Grand Street.
Hank Newkirk Reads Too Fast.
The members OF the Board of Public Works OF
Jersey City were placed on trial in the Court Of
Quarter Sessions in that city yesterday, on the
charge Of awarding the contract for the construc-
ton OF the Van Worst street sewer without having
advertised, as required by law. The construction
Of the sewer was carried out by William Robertson,
the partner Of William II. Bumsted. The members
Of the Board, Messrs Gillett, Martin, Ingwersen,
Welsh, Startup and Bray, were in Court.
District Attorney Garretson was the only counsel
for the State, while against him appeared ex-Chan
cellor Williamson, Q. II. WINFIELD J. Dixon and John
Linn. No jurors were challenged by the State but
THE DEFENCE CHALLENGED SIXTEEN.
After the District Attorney opened the case, VII
liam Robertson was the first witness called for the
State. He testifed-I am q contractor and
builders William H. Bumsted, the father OF william
Il. Bumsted, IL my partner, and has been since
April year ago; l built the sewer on Van Worst
street from Grand to Essex street; I was first
spoken to about the matter by william H. Bumsted,
who was then, believe OF the Committee
on Streets and Sewers; this was about the LIST Of
December, 1871; a few days afterwards uncovered
the old sewer for distance of 200 feet and salary
for two weeks succeeded, after which was or
dered to build a new sewer; the old sewer was
half OF wood and half Of brick; there are some
houses between Grand and Essex streets, which
front on Van Worst street, and drain in the rear
OF the houses which faced on the other streets
connected with the old Van Worst street sewer;I
NEVER PUT IN ANY SEALED PROPOSALS
n mn ovorh ~ n
advertisement for proposals it there was moth
ing said about the price; my bill for the Van Worst
sewer amounted to $1S,SOO; have received but
$1,000 upon it; was paid by city warrant.
Henry II. Newkirk Clerk OF the Board of Public
Works, was sworn Us the next witness. He testi-
fed-The Board of Public Works In December,
1871, consisted OF William H. Bumsted, Benjamin ].
Welsh, Morillo II. Gillette, Aug. lngwersen Earl S.
Martin, Thomas E. Bray and William II. Startup;
know nothing of sewer in Van Worst street, ex-
cept that on the 23d OF January, 1872, the Commit
tee on Streets and Sewers introduced resolution,
which was passed, to pay William Ii. Robertson for
work done and materials furnished for the con-
structlon OF the sewer. When this resolution was
passed a ~ p ta
n8 0 ! SENT 1T TO THE MAYOR n
for approval it came back to me signed by him,
and sent 1t to the City Clerk, who drew war
Adut ioi Viz uHVuut, thC COmultlcc vi DtTcctS
and Sewers consisted OF Messrs Bumsted, Bray
and Welsh, and at the time the resolution was
passed all OF the members OF the Board were pres
ent save President Gillette nothing had been
done by the Board regarding this sewer up to that
NO ADVERTISEMENTS FOR PROPOSALS $40
mad been published, nor had any bids been made;
know OF contract being awarded to O'Neill Il
Mclaughlin for the building OF sewer on Grand
street; the bids were received August 30, 1871.
William w. Miller was next sworn and testified
am a civil engineer aud had charge OF the work
on the old Van Worst street sewer in the old sewer
the lower part was timber and tine upper part
december. ISL, by direction Of Mr.. Bumsted,
think; was first ordered to examine the old
animation, took the levels in each man hole, and
reported verbally with profile to MI. Bumsted; ;
the Board; did not report to him; was ordered
to give lines and grades for q new sewer; recon-
structed sewer they call 1t.
Public Works testified that lie was not Consulted
in the case OF the Van Worst street sewer because
the COMMITTEE on Streets seemed to have taken
the matter into their own hands the profile in the
case was given 10 the chairman OF the committee
tMr. Bunsted), and that was the last witness ever
SHARP DEBATE
between counsel mere took place, and the District
Attorney closed 1t by remarking with great
warmth, 1T seems you want to put everything on
Bumsted."
William Coleman testified that he built the sewer
in Van Worst street in 1858.
Ezra Carman City Comptroller, testified to the
payment OF the warrants in the contract between
the city and William Robertson for building the
Van Worst street sewer; copies Of all contracts are
kept in his office, but there was no copy OF that
contract. .+
Ex-Chancellor Williamson arose and moved that
the Court direct the jury to acquit the defendant
as there was no evidence OF o contract expressed
implied TO 60 to the jury In this case The whole
expenditure paid on the contract was $4,000, and
the whole money paid on 1t was only 81 600. Robert
tine Boar Of Pubic Works except IN
regard to this work.
The District Attorney replied that the payment
Indictment was found on the Attn or March and the
Board Of Public Works were thus checkmated In
the business the contract between the Board and
luton ordering the payment Of g, 000 Can Robert.
son recover the balance OF $4,000 against the cityY
paid him. He carries out his part Of the contract
and they carry out theirs, and 1t was emily when
TRrGHrExEp BY THE INDICTMENT
that they stopped payment if
Mr., Winfield followed on behalf OF the defence.
the money had Been It nave
work was performed BY Robertson for the city
the Board OF Public Works. II Robertson engaged
to do this work 1t was contract. 1t was not
necessary the contract should be written. It was
contract even though 1t was verbal For this rea.
and In view of all the facts adduced In the
the Court decided that there was sufficient evil
dence 10 go 10 tne jury. ~ -f 49,
Counsel for defence here held IS M
A LONG CONSULTATION,
after which the defendants were placed on the
Earl 8. Martin knew nothing about the work on
the Van Worst street sewer till he was indicted for
it, though he voted for the payment OF the money
for It; In voting for appropriations he did not
INQUIRE about the items, but relied on the chair.
men of the respective committees.
Court-How do you explain the fact that this
item appears In the minutes and you did not inter-
est youself further In the matter A. We never
INQUIRE about items; I sal moa r'~-5
THE MINUTES ARE READ VERY RAPIDLY
by the clerk there Hank Newkirk became very
pale) I; the minutes are not read ut the following
meeting, bat are approved without reading.
August Ingwersen testified that he was never
consulted about the Van Worst street sewer though
he voted for the appropriation; IL was customary
to take the statements OF the chairmen OF each
committee; the chairman Of any committee has,
however the right to enter into any contract with.
out consulting the Board, providing the amount
WiIliam b. Stffffi6 knew no more abont the