New-York tribune., 1882-12-31
o. b. POTTER TESTIFYING.
THE FIRE IN The WORLD BUILDING.

b. Potter the to damages for personal
property lost by the fire. Mr.. Mllcomson claims that
the fire caused by the negligence Of Mr. Potter.
The defendant in his denies the terms Of Mr..
MacomsOns lease set forth in the complaint. denies
negligence on his own part and deulcs that during he
euantcy of Mr.. MalcomsOn the water and heating ap-
paratus fire and fixtures Of the premises were
under his (Nir. Pottor's control. Mr. MacOmson re
Gently obtained order for the examination Of
Mr.. Potter a party before trial. The examination
carried yesterday, Mr. Potter having been sworn
before Justice DOn0hue. The witness testledi
"By profession | educated a lawYcn Nv bdsi-
is principally farming and taking OF my
erty. the of the building No. 81 Park
prior to January 81, 1ss2. II was destroyed by
fire on that day. The last time was at the building
prior to tine fire the evening previous. eft II,
| guess, about o'clock in the evening. I usually 60
earlier than that hour The reason for my remaining
late that evening to that huo that had been
heated entirely cooled of aud closed up before
went. That the hue which had been in use
on that day, about twenty twenty-five
feet from Nassau-st, IN the centre
wall Of the building Nothing done by me that day
relation to this ue pt to see It closed up with
temporary wall across IT, The fine connected with
the only fire in the building, that in the boiler for warm
ing The building"
Mr. Malcomson-Was such fire connected under your
direction that iimo with any other 1Ue you had
this one closed upi
Mr. Pouer-W1cn this closed the hue nearest
Nassaust which had used lcaat since the build
ing built, opened and connected with the boiler
QWhat occasioned the closing up by you of the first
nue referred TO- on Tire night Of January 30 Abe.
informed upon ing the buid ding on the
Of the 3Oh that there had been found lire or
smoke in upper story OF II building coming from
this fue. Ny sons clerk. and after~ard my son, in
formed me. gave directions to send for mason 10
close up the ue and also to send or my carpenter Mr.
Weir.
Q.-Before the fire did you have any
conversation with any Of your tenants
as to the condition of that Aucl A-A few days
before Mr.. Clark. who occupied room on the secoad
floor told me he thought that Gic was pretty warn.
directed Mr. Weir TO examine It aHd 'ee that everything
was removed from it that could occasion any danger
Afterthe drawn aud before the hIe was closed
off on January 80 A. L. Beach to INV office and
comu!ained Of tho want OF heat in his
room. told him that fire smoke
had been discovered IN tina fac; that had di-
rcccd IL to bc closed and return 20 the ODD due to be
made and that this would necessarily occasion his being
cold little while That evening before left the build
ipctwo three hourz ater-aud before this luo was
IA ly cooled of, Nj Beach, who also remained there,
should think. until about o'clock, had conversation
with me about the 0ue and the security " Il; don't
remember any other conversation except my instructions
MrWoir before Leaving tho building all wood
coming any way the Inc and supply its place with
anqsonc or some other tnng 50 that there should De
possible danger before II again used Mr. Weir Is
pdaseu Ut q, 'a a. "iI W. @ ,'te ~ m J s , ~
IA df,ldu.,I told him had examined tic hu" from top
20 bottom and excluded all rc and smoke rOm and
returned 10 the OF the Old nuc that lue al
ready oed oh and to that extent there could be no
OIad there been any changes IN the boilers neat
nS apparatus in that building made under your dire
previous autumn had been retued and put in order for
wlncr the old ue, which uad been III use since the
building constructed, being found To 9e INTERFERE
with draft since the new ouliings-the Kelly ana
the Xanierblt 04iIdingsIlad been Ou.!t aD2Ne H.
huc closed, and this other nue. To when nave
previously alluded; wa % fu p oa M US @
directed examination OF the arcn over the boiler and
the removal OF any distractions that might BE- there il
me he done and reported 10 me as having been done
Q-Whom di You direct to do it,and who reported 90
n, nv ,,rnnsrir lie eH,pioyed Mr. Burton whom he
recommended a most competent and experience d |
maa. That WAS abou, January l. MI. Taylor advIs,d |
me that the old 1ue incrercd with IN ts draf by
The new ouidngsand advi-edn order to secure draft
for boiler, that this new fIc he opened anew told
him examine it aftcr doing 80 ~ report
ed that II carried down from the hrst floor above
The street wncn 1t double hue from the top OF
the building OF the same size was IN he upper stones
and cOunrced with the boiler he thought u would make
10 he done and war done oy him and Nv Burton.
Q-WI dd the "ork unust 5ou . iU @ O 3
opening the way the cid fue, which previously had
Dosr from mason iobber in tne vicinity May.
Q.-Of what material were the stairs Of tho building
2.
sJr'ugs and aud. think. mahogany balu-ters and
hard rails Water for the building was ,suppi55%d to-
pipes; for the upper stories It was pumped TO
aisprhated There were not my knowledge any hose
connec ed from these tanks for Use Ia case ol IRE
O. At the ticle you made the changes from the new
dus TO the old, dd you consult Mr.. Taylor or Mr..
win .lch work In relation to the chang before you
made it Al lid not, except TO explain to NJ Beacg
also to explain to the nas9ns VINO dd |
was This danger IN the new iue was discovered
late in the day the 30th. There was no opportunity
sc 90 exclude the heat and smoke from the due
wnere supposed tnere might be danger; ,
~ Io e @ e aftsrnoon nj tbe 3Oth that thar nue wus
heated, aud that there had been smoke com |
hB , ~ =, b.ra II used nniI Thoroughly examined ana
nue had been IN use Tor uOIe than twenty years
no & ou % enerag "a. boti old and new after yon
hccn ciTefay exaincd by Mr. Burton and Mr. Taylor
shorly previous Januay 81 reported TO me per
iect made no examination oI le Old hue beyond thS'
DSls %neTS on Ga @uuy SSp So wen you ' house 1s
tmrn on the following morning. l started for my farm
aIsinespg quite early the next morning. think by
building that morning. Ine night previous before eay,
was entirely cooled down, and to be there early IN the
morning and proceed with the WORK asO Instructed
HE engineer before leaving 10 be very
careful Of his fire and keep the best lookout
Tor everything, l always did Either May
or some otner man instructed by me to return
tne next morning 10 put damper across the lue
instead of the wall with which had closed &C. that
wnen the lue had been perfectly examined and made
sale we could return 10 the use OF It by turning the
dRmpcr.
Nj Potter also gave detailed and extended testimony
rung the relative situation OF the different ue-.
the boiler the stairs, ana the condition OF the
shaft OF the elevator He said tnat he deriving
yearly from the portions Of the building
were rented OF 100000 He had an insurance Of
SlOj OUO - the building and S45. 100 on the rent
JOuu H. PAr-Ons appears counsel for Mr. MalcOmson
and Mcsss. Townsend, Dyett Ensein for Mr.. Potter.