The New York herald., 1878-01-18
THE HUNT-STEVENS SUIT.
ARGUMENTS OF COUNSEL ON BOTH sIDEs-
VERDICT IN FAVOR OF THE PLAINTIFy FOR

VERDICT IN FAVOR OF THE PLAINTIFT FOR
THE FULL AMOUNT CLAIMED.
After occupying eight days the action commenced
by Mr. Richard N. Hunt against Mrs. Paran Stevens,
TO recover balance OF alleged bo due
him for his services architect planning and
perintsnding the Stevens apartment house ana tho
building No ,l60 Broadway, was concluded yesterday
In the Superior Court before Judge Sanford and
suited In a verdict for tho plaintiff.
The testimony oi the plaintiff In rebuttal, was
tnued, and, In answer 10 his counsel said that after
having heard all the evidence he thought II had
proved that the Stevens building has settled uni
ormly throughout that tho main cornice Is still
disturbed and perfect, and the settling greater
where II was on sand than where It rested on rock
During a cross-cxamination considerable amuse.
ment occasioned by tho frequent wordy exchanges
between the witness and counsel tho latter finding
1t difficult 10 modify the aggressiveness the plaintiff
who when on the stand. appeared 10 be armed cap
pic with prompt and pointed answers. In reply to a
question by Mr. Parsons how the witnesses could
locate the steam pipes In tho WALL where he proposed
at one timo to put up additional Pipe leading from
the boiler 10 the rooms where the radiator going
to be placed, he replied, "By going there and
getting at them OF course" To tho intorrogatory,
''How would you got such pipes down through
the wall oi high building" the reply was, "By let
ting the pipe down IN soctions the way in which
10 China In that way ifyou'll pay for i.n Counsel
''You understand you are under OATH" Witness-"I
understand that" On tho conclusion oil tho cross
examination OF Mr.. Hunt, Mr. Choate ANNOUNCED 10
the Court tnat tho plaintiff rested his Mr.. Par.
tho defendant 60 to tho jury without any iurthcr
testimony on thei: side. 1t was then agreed that
counsel should occupy ono hour each IN summing up.
SUMMING UP FOR THE DEFESCE.
Mr.. Parsons then addressed tho jury IN bohalf OF
the deiendant and said that thero
i,ct o evidence In case II OF great service
counsel Tor tue paint 10 have sitting at his
during the trial gentiemeu brought up 10 tho science
OF architecture VINO could not only suggest but framo
the questions asked HIS Witnesses on tho stand While
he (counse) represented the unfortunate ownors OF
the property the counsel on the other sido Is sur
rounaed by rampant Of friends OF the palnuG,
most OF whom have a decided interest IN
tho issue, and have madc ms case theirs. These
well to impress their side OF tho the minds Of
tho jury one prominent feature IN the case was
iessionai reputation OF Mr. Hunt. We do crit-
tuat reputation, but Oh the contrary chccrtuily
admit mat ho is u skilled architect, but when he
agreed TO supcrintcnd the erection Of Tho Stovens
house VIC had right TO expect mis- personal
care ana attention In overseeing this work.
for which he was paid $4,000. or at u
tate OF $4,000 year. He made tho plans
ana arranged the manner In which water was 10 bo
carried through tho building and II excuse for
HIM say hc lett the Supervision Of this work
Mr.. Raght, as It was himself VINO had been employed
by Mrs Stevens on condition Of the personal service Of
tho plaintiff. II he had gwen his personal care and
attention " the construction OF the building tho dsas
rous consequences that have cnsued would not have
OF over 100000, and was intended 10 be
occupied by the first people in New
YORK. Since then families have been obliged
TO leave the building on account o its seeming TO be
,umbng 20 the ground. This suit is brought against
tho estate OF Paran Stevens aud yet Mr. Hunt insists
that IL Is between himself nnd Mrs. stevens in
order 10 apn noy and humiate hor. WO have not put
her the stand to be made fun Of by counsel on the
other side, who has insnuated that she was person
who iond Of litigation, and " no wished TO bo boss
of this ana tnat We declined TO call her witness
10 crafty Mr.. Hunt by our seeming 10 mako It u
n
furnished to Mr. Stevens was not the building that
Mr. Hunt INTENDED to build IN consideration Of his
fec OF $4,000 lie says that Mr. Stevens refused TO
lot the party wall DO touched but there Is no evidence
IN tho testimony OF the other witnesses that Mr..
10 say that the responsibility for tho bursting OF
tho water pipes, The inefficient means adopted
cracking OF arches &c. rested on the plaintn not on
account Of any defect IN his plans but owing TO the
circumstance OF his not having given more OF his
personal and attention TO tho details In tho con-
struction OF the building Tho repairs snco needed
ON tho house have cost about $4,000. and counsel
thought IL but just that the plaintiff should assist in
bearing this loss and asked for verdict for the de-
foudant
ARGUMENT FOR THE PLAIxTIFT.
Mr.. Choae, IN The course OF his argument for tho
plaintiff, d:-During my experience IN the trial of
cases In this court for the past twenty years have
fence than that set by the other side, and the jury
want better proof than to compare tho evidence IN
the with the argument made by counsel II was
not my intention to have said anything about Mrs.
Stevens but the counsel has Imposed that necessity
upon me by making her appear as the champion OF
the defence, and says that verdict for tho plaintiff
IS going 10 mortify ana humate her. Mrs.
Stevens as Is well known, is very eminent historical
person, queen in social life tho centre OF fashona.
BILE society IN this city and ut Newport Princes and
grand dukes have followed In her train and rov
atty itself has crooked tho elbow furnish rest Tor
her eIovod hand but II dw In IN social ic sho
hardens her heart against the aborng classes which
she has lett behind her. she Is leaving behind her tho
Of his homes. duesi This is not tho only % case IN
gets his money without suing her II the claims are
due she cannot be mortified and II they are not due
she is no! expected to pay them II Is not tho mor.
this professional gentleman which has been before
this Court for eight days. Mr. Stevens who made tho
contract with tho plaintiff, Was very shrcwd old
gentleman, having had largo experience IN
keeping leaaing hotels in this city and
tecls he knew that II he paiu architect ive per
cent of the cost OF tue building he would have loavo
oil the details OF construction to tho architect But
lie said, II won't do that, will give you three per
cent $4,000. instead Of s25,OoO) ''and tho other
$4,000 l VIII give to Mr. pnui' to to super.
save you time and troublo,' as The con.
tract itself states Mr.. Hunt was TO superinlcnd
he was to see that tho plans were properly carried
out and TO be the superintendent OF tho supcrin.
tendeuL MI. Hunt says II was against his protest
that the party wall was used without being thor
| oughly shorcd up and underpinned Tho other side
said that tho plaintiff could not prove that Mr..
Stevens had ordered tho work TO go
| shout tho upderpinning; but here wo have the
evidepce OF Mr. Paul, to show that this was true.
This omission was the cause OF the settling of the
Filth avenue wall IL the subsequent pile driv-
ing which resulted IN the cracking 0f the wall and
not the auit OF Mr.. Hunt. They say that the PLAIN
tiff responsible for tho inefficient heating apparatus,
wnile II was Mr. Stevens who determined, alter due
study aud deibcraton upon the subject, TO put the
indirect radiator.
PAUL, APOSTLE OF TRUTH.
Fortunately, Paul, VINO perfect apostle OF truth
In this case snys that the walls were half up before
anybody know what KIND OF a hoaiing apparatus Mr..
stevens was going TO put in And here the cnargo
aDou frozen water pipes tails TO tho ground Tor II the
house had been properly heated the water in tho
pipes would have been lar less likely 10 freeze. They
say good deal about these pipes ireeZng and
bursting, but they have not attempted 10 prove that
any damage has been doDo by IL. IL 10 tue
experience generally OF all the architects who testified
In THIS II The pipes had been properly boxed
ana fetcd, set f0rth la tho spccincat0ns, they
would not havo been frozen. We have heard mucn
about running all tho stevens house, owing
to tue walls not having been properly filled In. THIS
morning | heard my children In the nursery
trying 10 tench the baby the story OF "rho
House that Jack Butt" and l was almost