National Republican. (Washington City (D.C.)) 1872-1888, 1874-04-29

4 @. VINO were present at that negotiation
A. Mr.. Mace, Mr.. Knbourn, Mr.. Evans and
myself -
6. John o. Evansi A. Yes, sir.
i 9. Hallet KLoourni A. Yes, SIR.
asked to witness It.
Q. Did you witness III A. did.
Il @. And were you under the impression thai
both parties had executed 1T A. thought 90
at the time. Ny attention was NOT especially
drawn to the wording Of the contract. was
called In, out of my store, and presumed It was
was satisfactory to both gentlemen. / was
asked to witness Il, and, at their request, put
1t away in my desk. stt3
Q. At Whose request
The Chairman. That Is immaterial.
Mr.. Christy. This is the most innocent OF
transactions. Mr.. Mace, largely interested In
the best pavement, according 10 the testimony
Of this witness and others, laid IN the city Of
Washington, was induced by John o. Evans
/ and Hallet Kilbourn toexecute a contract: and
the parties ask this witness to sign it and wit
ness It, which he did, he being, Of course, the
custodian Of that contract. Now, wish to
show, BY this witness, that In this way they did
carry into effect this system of destroying CON-
petition, keeping Mr.. Mace out of the list Of
competing bidders.
The Chairman. Why do you not ask him
| that question:
By Mr.. Christy: Q. At whose request did
you take charge Of that contract A. Well,
am uncertain whether It was at tie request Of
both of them, or whether 1t was at the request
| of Mr.. Mace. cannot recollect. e
Q. By whom were you requested to witness
It.
The Chairman. That Is certainly immaterial.
Mr.. Christy. viii show by this witness, or
expect to show, that these parties in tact tailed
TO sign 1t, excepting Mr.. Mace, who was under
the impression that It was fully executed.
hat IN " y AL hfrv,
that question.
By Mr.. Christy: Q. How long did you keep
that contract in your possession before you
again inspected NJ A. was called by some
afiiction in my family day or two afterward
to California. On my return, In sixty day.,
Mr.. Mace, learning that was home, called ct
my store. He said to me that he wanted TO
see the contract, and said to me, doctor,
could you have been party with those gentle
men 70 have taken away from me the benefits
of that pavement 20 / said TO him, "No." !
was surprised at his language, and asked him
why. He said he had an idea that the con-
tract was not signed by those other gentlemen.
I said that could not be possible, and opened
10Y desk and got out the contract, and found
It was not signed by those gentlemen. told
him before he had made his statement that
would have sworn that 1t had been signed.
BY the Chairman: @. When was this; this
first arrangement with Mr.. Macei A. do not
reeollect the date. It was In August, 1871, !
think.
Q. August, 1871 A. think so. Ijudge 1t
was about that time.
Q. You went TO California and was absent
sixty daysi A. Yes, sir.
Q. Did Mr.. Evans and Mr.. Knboun sign
that contract after your returnl When You
found their names not attached to IL, what was
done with the contract them A. ! called upon
Mr.. Kilbourn. He said If would note the CON
tract that Il was not such a contract that 1t
was necessary for him to sign, and he said that
he did not intend to sign It.
y. Why did he say It was not necessary for
him to sign lit A. Well, did not hold any
further discussion with him.
@. He did not give any further reason? A.
No, sir; / did not hold any further discussion
with him about it.
Q. What was the nature Of that contract
A. If / recollect the wording of It, 1t obliged
them to pay so much royalty for whatever Of
the pavement they put down.
BY Mr.. Stanton: Q. It was in the nature of a
license from Mr.. Mace, was lit A. think It
was.
Q. It was license from Mr. Mace to use the
patent at 8 certain rate Of royahyl A. think
so.
Mr.. Harrington. Mr.. Evans testified that he
was to pay Is cents on the square yard.
By Mr.. Christy: @. This was anterior to the
opening Of the bids by the Board of Public
Worksl A. think 1t was, sir.
Q. Do you not remember that It was finally
consummated to this extent on the S0th of Au-
gust, 1S71l A. do not recollect, sir.
The Chairman. He says 1t was in August,
but he cannot recollect the date.
The Witness. l cannot fix the dates. / went
away in August, and ] was away until October.
By the Chairman: Q. Where is that contract
A. do not know.
@. Did Mr.. Mace take It away with him I
A. There was some suit in court about this,
and was summoned before q commissioner
and notified to bring the contract with me, in
giving such evidence as give you here to-day.
The contract was made part of the evidence,
and was fled with the commissioner.
By Mr.. Christy: Q. Doyou remember whether
this occurred after Hallet Kilbourn returned
from New York In August A. do not know.
As told you went to California. do not
know when Mr.. Kilbourn was in New York.
Q. What connection had you with the Mary
land Freestone Mining and Manufacturing Com
pany at that timel A. think was president
Of Il at that time.
Q. How long did you continue PRESIDENT A. |
/ think was president three years.
Q. DID you not furnish very large amount |
of material, &c., to the Board OF Public Works |
A. think 81 900 or s., 100 worth.
Q. OF materiali A. Yes, sir.
Q. Did you not furnish large amount to |
contractors under the Board of Public Works!
A. ! think we did-some $4,000 or $40, 600
gSTTssiii .
Q. Did you not furnish Collins & Jones alone
$40, 900 WORTH A. Yes, sir; and think they
we're the only ones. do not recollect of any
body else. will say to the gentlemen that,
although president Of the company, ! was not
the manager or the superintendent Of It.
By the Chairman: Q. Who was the mana
ger OF ia A. Mr.. Hayden was the superin-
.endent Off He made all the sales; and am
not particularly charged with the amount of
'ales, nor TO whom they were sold.
Q. Is he still living herel A. Yes, sir; was
lot charged particularly with those things. /
vas simply the president, and not expected to
10 that.
Mr.. Christy. What was the extent OF the in
crest of Governor Cooke at that timel ! mean
n August, 1871.
The Witness. In what do you meant
By Mr.. Christy: In the Maryland Freestone
Mining and Manufacturing Company A. Well
do not know. think, maybe, that he held
,ne-eighth or one-tenth of the stock. 1 am not
Instinct or positive about that. did not keep
he books; and very frequently there were
transfers of stock made without my knowl-
edge.
By Mr.. Mattingly: Q. Do you know of any
use Seneca stonel A. No. wish there was
that would have prevented them
rom using it, because ! am satisfied that we
ost SIS, 900, any way, by the sale of it. am
mr., here was not some power 10 prevent It.
BIZ Mr.. stekarT Q. TINS Is what you call
seneca stonsI 4; Xss. y. = |.
Ny rscpllectipn is that thirty or forty thousand
iollafs' worth was sold to Jones 4 Colin, and
,.ap sure that We LOST any way ten 81 hfeen
thousand dollars on this sale. We had to take
i
ve had IN ali. them 80 tbaI onr losses vere
7ery heavy on them.
Q. Then you have never profted very largely
rom the Board Of Public WorlSsl A. / am
,ot certain that we realized cent; l think it is
IN the other side.
To be Concluded to-,norror.]
nrrnnnr L