National Republican., 1874-04-01
the date. presume It YES abOut the 1st Of

II
the date. presume It vss about the 1st o
September.
Q. Had you any conversation with any mem
Der Of the board previous 20 that In regard TO
contract A. do not remember thst had.
Q. That letter was the first time your atteu
ton had been directed to itf A. That lettei
was the first, because we had been working OF
orders all the time.
Q. What did you do when you received that
letteri A. was notified that q contract wa,
drawn; was executed, or would be. Previously
I had made out list of streets that wert
sodded, and asked for the work on those streets
and was then notified that would have to
enter into eontract. procured my bondsmen
a contract was drawn and signed, and thu
bondsmen agned the same day. 80
Q. You say that you had made n proposition
to the board for certain work, when was that
madef A. ! presyme the latter part Of July.
@. You heard nothing of the proposition
until about the first of September A. It wai
wards. : - tns
Q. Afier the first Of September A. No, SIR
two days after my letter. ,e-..
Q. You had notice that you would have to
make contractf A. Yes, sir. s,.,-r--.s
Y. Then, instead Of your receiving notice
about the first Of Julyl A. No, sir.
q. understood you to say that you received
the notice few days before the contract was
made In September A. Well, that could not
bs the first of July. That would be number
O. Certainly; but understood YOU to say
INA, you did receive the notice early In Sep
temper, put lew days before the contract was
executedi A. say The latter part Of JuIv. as
the contract was executed en- the srd of Sep
tember. ~
Mr.. Wilson. The 18th IL was executed.
The Witness. l beg pardon, I forgot the
dates. Then, probably the letter was written
to me in September, II Il was the 18Th.
By Mr.. Jewett: O. You NAV state ,xbethe-
at any time you conferred with any menber ~
the Board Of Public Works with regard to the
terms Of that contract A. did not further
than
Q. Just wait; was not that contract, the
terms of It, all settled between Mr. Smith and
the Board Of Public Worksi A. Ny
Q. Just answer the question, If you please
A. cannot answer It. do not know.
cannot answer for what Mr.. Smith has said.
Q. And was not the contract prepared, con
tanning all its terms, when it was presented to
you, and all you did was to execute itl A.. ]
saw the rough Of the contract before 1t was
drawn. ~ ~
Q. Who showed It to youi A. Mr.. johnson
and understood what / was signing; under
stood that l was to have the work under CON
tract at the same price that had been doing fl
for on orders.
Q. Why did you, on the Sd of July, If You
then had not considered at all the probability
Of getting a contract, assign your contract to
Mr.. Smith! A. II the word Contract" Is in
the assignment, It is q verbal mistake, because
had no contract further than-but that is no
bonded contract.
Mr.. Gattingly. I think he misapprehends.
Mr.. Jewett. Just wait, Mr.. Mattingly
Q. (To the witness.) In whose handwriting
Is that assignment; can you telll A. The
My own signature.
Q. Did you not just sign what Mr.. Smith
presented to you to sign, without reading iti A.
No, sir; read it. l never sign any papers
unless | know what am signing.
Q. You had read II, and knew what you were
about. You had assigned to Francis II. Smith,
not simply saying the word ''cont5acts," /" but
"any and all contracts or orders" between you
and the Board Of Public Works! A. 1t explains
itself further along.
@. admit It explains itself further along. 1
want you to explain It. Could those words
have been in 1t without you knowing lit A. No,
sir.
@. Then you had no contract to assigni A.
had work dene on orders to assign.
Q. You had no contract to assignl A. Not
at that time.
". lou ulu uOI eNDeCI auy COutIdcLs a.
did not know what the board might do.
O. No, don't know but lightning might
strike you; but we are not providing against
that. Now, Is 1t not fact that in this whole
matter between you and the Board of Public
Works you were simply the representative of
Mr.. Smiths not that the simple fact?
The Witness. do not fully understand that
.question-that am merely representative OF
him.
Mr.. Jewett. That is, that Mr.. Smith was the
party In negotiation and in treaty with the
Board of Public Works, and simply wanted to
use your name and was using your name for q
consideration to you.
A. will say no, sir; because 1 did the bust
ness the most of the business-with the
board myself; In getting orders, making out a
list of streets. The correspondence VIII show
that shat with the board did myself, and 1t d
in my own handwriting, and not by suggestion
of Mr. Smith.
Q. When did Mr.. Smith propose to you that
he would take this assignment of all contracts
which had then or might have with the Board
of Public Worksl A. On the Sd day of July,
Ithink the date is.
Q. That was the first time, was it, That was
the first writing that we had ever drawn OF
executed at that time.
Q. ask you when he first spoke to you oi
the propriety of your assigning to him al
after have with the boardi A. We had 9
verbal understanding to that effect when
commenced work.
Q. A verbal understanding that you were tC
assign contracts to himl A. That / was tC
give him power Of attorney.
Q. am not speaking of the power of attor.
ney. am speaking Of the contracts between
you and the board. A. would Ike to ask the
gentleEan-
Mr.. Jewett. do not want to embarrass you
at all. Do not understand me in that way.
Mr.. Stanton. he wants to inquire about the
power of attorney.
The Witness. want to know If giving the
power of attorney constitutes the assigning Of
a contract. -.- Er
Mr.. Jewett. No, sir; do not so eonstrue It.
The Witness. Then have assigned no con-
tract.
Q. am not saying that you have. ask you
why you agreed on the third of July that you
would assign all contracts which you then had
or might thereafter have with the Board Of
Public Works, II you had no contract and did
not expect anyl A. That statement says "con-
tracts or work done on orders" We had done
work on orders. i.
Q. am not speaking Of the work on orders
/ am speaking OF contracts which you then had
or might thereafter have. It Is different
thing from orders. A. do not understand
your QuesblOn 80 tuab eau ansWor u pEOOaDAy
satisfactorily to you.
@. However, you do answer, that, In this
whole matter you were acting for yourself and
not for Mr.. Smith-that Is what / want to get
at, simplyi A. Ihaye answered that anumber
of times.
@. Very well, now am satisfied. That Is, l
have nothing more to say; that is what WANTED
to get at.
By Mr.. Bass: O. What portion of the work
on New York avenue was It that you received
so cents foot fora A. From Ninth to Four
teenth street, and two reservations on Ninth
street.
Q. And from New York avenue. from First
to Seventh streets, you received forty centsl
A. Yes, sir.
@. Which work did you do frsti A. New
York avenue, from Ninth to Fourteenth streets
oh, the first was on Third street.
Q. Which of those two pieces Of work to
which have called your attention, from First
to Seventh street, or from Ninth to Fourteenth
A. From Ninth to Fourteenth
Q. You did that frstl A. Yes, sir; and
Pennsylvania avenue next.
@. / understood you TO say, In reference to
this subject, upon which Mr.. Jewett interrog-
ated you, that this assignment was made to
Mr.. Smith, with reference to enabling him to
draw the certificate. A. Yes, sir; under power
Of attorney.
Mr.. Ohristy. desire to call Mr.. Miller upon
single subject.
TESTIMONY OF J. Z. MILLER.