The herald., 1893-12-24

meQc6Q tuelr IaDOrb. tOlu ulu uO.
He said the whole arbitration amounted
to nothing because the arbitrators were
not first sworn in. So let the whole
thing Drop"
Here board took recess till 80 p. m.
Afternoon Session.
On resuming the investigation after
lunch, the first witness called was DR.. q.
V. Baldwin, who said he was dentist
following his profession in this city.
ABOUT a year ago he purchased guam
tity OF trees for an orchard which he
owned, and they were fumigated by an
inspector named George McMullen. A
few days later the trees turned white
and began to look very sickly. The tops
| of these trees were dead at the time,
although the roots seemed alive. These
trees were brought here from Pomona.
Witness could not say whether the
younger trees were brought here from
Florida or not. He had understood that
the firm of Stewart Bros. had the job OF
fumigating these trees, but they were
not to be fumigated till they reached his
place.
M. A. Cunningham, recAlled-Did not
know whether the money paid by him
to Dan McMullen, 81 for about days
work, was paid into the county treasury
or not.
Mr.. York-"Did you not call at Mr..
John Scott's Office after these trees were
damaged as stated by you? ?'
"Yes."
"Did you not meet Professor Coquil.
latte in Mr.. Scott's Office on that occa-
sion ?"
"Not to know him, SIR"
"Did you meet gentleman in Mr..
Scott's Office who had been engaged
as an entomologist for years and who
told you that he had never know an
orange tree to be killed by the process
OF fumigation ?"
II remember no such conversation. +"
! Continuing further. the witness said he
was served with only verbal notice and
not a written one by the commissioner,
to have trees fumigated. Could not say
if the money was paid to reimburse the
county for use OF its chemicals in the
process. Could not state whether chem
/ icals WARE -<AhA~a-.~d Irrm the cunnuy UI
I whether they we're purchased in this
city at all. Could not positively swea,
whether Scott and Geary were ac-
quainted before the arbitration took
place, to settle disagreements between
McMullen and himself as to damage
done to his trees by the fumigation.
Mr.. E. Stewart, sworn, made an ex-
animation of McClure's orchard at Yer
non. Found the condition of the or
chard to be bad, ali the bodies of trees
being infected and not to exceed over a
box of oranges on any one tree in the
orchard.
II looked at the scales with magni-
| flying glass while in the orchard and
they were alive then."
Mr.. Knox-"Look at them now and
let us hear if you think the scales are
alive now"
The witness was given magnifying
| glass with which he examined some or
anges shown him, and testified that he
had found one live scale ON an orange
taken from McClure's orchard at Fruit
land
Mr.. York-"Will you swear those are
the same oranges? ?"
II think they are. l put three or
anges in that box and gave 1t to Mr..
Knox at his Office"
Mr.. Knox was sworn, and stated these
were the Identical oranges brought him
on Tuesday by Mr.. Stewart. Here the
prosecution rested it's case.
Judge Knox-"As yet there has been
nothing proven by the prosecution. We
can examine more witnesses to vindi-
cate Mr.. Scott, but we do not wish to
| occupy the time of the board unneces-
sarily or we would call in more wit
nesses."
George McMullen sworn--''I made a
bill of 81 to Mr.. Cunningham for fumi-
| eating his trees, which I itemized to
him, of which So was for my labor,
which retained. The other So was for
chemicals belonging to the county,
which he turned into the county treas
ury. told Mr.. Cunningham he had no
case against Mr.. Scott, for the simple
reason that Mr.. Scott had not notified
him to close up his premises" In re-
gard to the arbitration held in this case,
witness said he met Mr.. Cunningham
on Broadway, and the question of the
trees came up. II suggested arbitre-
ton, and the names of several men were
submitted, among which were those of
Geary and Montague. suggested Mon
! tague as being more familiar with trees
than Geary. Cunningham said be
would not have Geary and did not want
him. Had no conversation with MIR.
Geary after his selection az arbitrator,
nor with Mr.. Scott as to his selection. y
Mr.. York-"Who was present at the
timer"
"Mr. Montague, Mr.. Compeer and the
arbitrators. The investigation was held
in the horticultural Office and Mr.. Scott
was present on both days of that inyes-
tigation."
Mr.. York-'Did you ever see the
trees alleged to have been damaged by
your fumigation since that time ?"
II have not seen the trees myself, but
have seen the man who bought them at
95 cents each from Mr.. Cunningham
and he told me they all lived but three. I"
Witness said he examined the trees
on the third day after the fumigation.
They looked yellow and the bark had a
dead look. Rather than 90 into court
about it. he offered Cunningham 800
for damages which he refused to take.
Witness further says that he saw the
trees in question about six weeks ago
and most of them made the growth of at
least one foot during the past year.
Those which the first purchaser rejected
can be shown to have made more growth
that those he accepted. In the opinion