The New York herald., 1874-05-07

The "Knowing Expert'' Completely
Used Up-A Tired Out Court Stenog-
rapher Throws UP the Sponge.
Nj. Herman Lenlbacn, theoretical. expert who
was expected to do great things for the defence
in the Newark conspiracy trial, was recalled for
continued cross-examination yesterday. On the
previous day he had admitted that all he knew
OF Telford pavements had been acquired
from books during the past three or four
weeks. and that he had no practical knowl-
edge but yet declared that he differed with all the
authorities he had read regarding the use of dir t
In pavements. He thought it was good to use in
certain quantities. They thought otherwise. On
his re-cross-examination yesterday the Attorney
General again piled him with leading questions
the result OF which was that by the time he had
left the stand he had been metaphorcally "hoist
with his own petard." The witness had
PREPARED A MAP
illustrating cross section OF the pavement and
exhibited this in court, and was asked to compare
with it a like map in Parneli's work ON roads, He
did so, and rather surprised the Attorney General
by modestly remarking that he thought his map
was the best, as he showed the interstces as they
were in the pavement. In Parnell's the pavement
was represented as solid body. Parnen and ali
the old authors agreed that stone only should be
used and thus, in time, secure a solid pave
ment. The witness said he differed, and
thought some dirt would make better pavement
He admitted that his averages OF the depth OF The
pavement were not calculated to give the jury
lair and truthful representation OF the real average
depth. He also admitted that the excavations
he made In behalf or the defence had been made
with the help OF twenty men and foreman iur-
ntsned from
THE STREET coMMIssroNER's OFFICE,
and that when property owners demonstrated
with him for not making his excavations nearer
the CUTTERS where there Is less depth throughout,
he said he was not going to be dictated to by tnem
he was gong to make the excavations
where his judgment directed best. In Or
Mr. Gllchrist asked him If ne could tell when MIR.
Telford wrote his work-wnether before or alter
he had laid paveme its. and whether Telford pre-
ceded Macadam, but the witness was compelled to
coniess his inability to answer either of these
to think that the witness was as well used up as
could be desired by the prosecution, told him he
could go. The next witness called was Mr.. Ber-
tractors. Mr.. Stanley corroborated O'COnnor's
admission that there had been an understanding
SnnoPF bsae S OdSs ae e me
ana the Shanleys Tor the grading; both
however. were TO have equal interests IN
cent to any 0icia or other person for this job or
any other one he had ever been engaged in. lie
was asked In relation to the agreement Of himself
and O'Connor with Colonel Kirkland in Washing.
General did not press the question. He swore
that the pavement was apparently as good as any
seen. The witness gave his answers so rapidly
that the court stenographer was unable to follow
THREW UP THE SPONGE
declaring TO the Court that the three weeks con-
stant wear OF the trial had tired him out, and he
could not 60 on any longer. A substitute had TO
sten0grapher ID not the only person by o long
number who is tired OF the weary repetition and
rerepetit0n OF the evidence, but II IS confidently
hoped that the case Will be brought to close this
week.