The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-11-03
Mr.. Weart and Mr. McDer-
mott Clash at the AS
pha1t Hearing.
Alb OVER TRINIDAD's COUNSEL.
The City Tries to Show That the
Company's Proposal Was Not
a Proper One-The
Testimony.


CITY Attorney Spencer Wsart this morn
ing before Supreme Court Com missioner
Isaac Remaine. Testimony was being
taken in the certiorAri proceedings
brought by Mr.. McDermotr to remove
the contract of the city with the Barber
Asphalt Pavement Company into the
Supreme Court for review. George
Crystal, President of the Trinidad Coma
pany, was on the stand, and during tine
proceedings Mr.. McDermott said tina { he
was never counsel for the Trinidad G ON
Dany aud never had any interest In the
concern.
"But you said you were" remarked Mr..
Wears.
81 never said So" declared Mr.. McDers
mott emphatically.
well you did. and I will go on the
stand aud swear you did right in this very
room"
IT you swear to thgs you know what
you will do" '.a
Il will tell the truth"
You will tell lie," declared Mr.. Nc
Dermott with considerable warmth.
subsequently, Mr.. McDermott apolo-
gzed to Mr.. WearG and said he should
have said that the Corporation Attorney
would be mistaken. The examination
was conducted by Mr.. Wesrc aud
Corporation Counsel Edwards in behalf
of the city and Mr.. McDermott appeared
for the prosecutors Of the writ. The first
witness was e. R. King local manager of
the r. G. Dunn, commercial agency He
testified as to VINO composed the Trinidad
Company and commercial stand OF the
members.
HOW TRINIDAD COMPANY WORKS.
Then Mr. Wear5 called Mr.. Crystal,
who testified that his company did not. as
rule lay, pavements, but supplied the
material and expert laborers TO others.
The company's business is the importing
and refining of asphalt. Mr.. Weart WAS
questioning the witness for the purpose
OF ascertaininQ whether the company
ever laid any pavement OF took tcontracts
in it's own name. Mr.. McDermott al
nitted for the purposes of the pressuE
suit thai it never did. The company res
tanned the expert pavement layers in its
employ. Mr. Crystal continued aud
sent them from place to place as the were
needed.
The Trinidad pavement was first laid
in Chicago by the Western Pavement
Company, the material and labor being
furnished by the Trinidad Company.
Mr.. Crystal then went on TO testify as co
Who laid The pavement in other cities.
During this testimony Mr.. Weart asked
Mr.. Crystal question TO which the
witness replied that he did not know.
THE STORM BEGINS
You Will nave 10 aUSN6E inc q ue6-
tion. :" said Mr.. Weart, decidedly.
"Oh, If counsel is going to take that
ground, I. as counsel, will instruct wit
ness that he need not answer" quietly
remarked Mr.. McDsrmott.
/ '.As counsel for the Trinidad Com
pany?" eagerly asked Mr.. Edwards.
mo as private counsel for the witt
ne directed the Com mmissioner TO enter on
the record his denial that he was the
compauy's counsel. That is what started
Mr.. Weart to say that Mr.. McDermoit
mad stated that he was counsel for the
company.
Nothing further was said on ths subs
| ject and Mr.. Crystal continued. Coming
down to the Jersey City contract he said
| that his company had refinery ia this
CITY of which Robert Alexander was
Superintendent up to about July when
| he resigned. Mr.. Crystal thought he
was in the company's employ when he
submitted the bid to the Street aud
Water Board. Alexander had some ar
| raugem ent with Mr.. Stevens
| the secretary of the COM
| pany to put in a bid in the name Of
the company, Mr. Crystal did not know
what the arrangement was. His cOm-
pauy was not willing TO do the work
under the terms In their bid
unless they were given the
entire work. He admitted that the
| Board of Directors of the company never
| gave Alexander any written authority To
put III the bid. But such q course was
unnecessary, as Stevens had authority
| TO make suca arrangements. Alexander
had made contracts for the company be-
| fore.
Mr., Weart then read the letter, in
which the Trinidad Company refused to
enter into an agreement with the city in
| reference to plant, aud said that that
was written on the advice OF counsel.
| Mr.. M'DERMOTT WAS NOT THE COUNSEL.
| "Who was that counsel?r asked Mr..
| Edwards.
81 don't know" was the reply. "Vau~
| derpoel, Cumming & Green, of New
| York, were our counsel there"
Mr.. Weart then examined Mr.. Crystal
on the Eighth avenue and Broad street
| New York pavement which had beeu
| laid with Trinidad asphalt. The witness
said that the Eighth WAS rather poor
| pavement because it had been laid with
an inferior grade OF asphalt. aud there
| were car tracks In the street. The quality
| of asphalt used on Eighth avenue could
not be laid in Jersey City under the pro-
posal submitted by them. The Broad
street pavement was q good one.
Mr.. Crystal WAS then turned over to
| Mr.. McDermotI for cross exRmination
| ard In reply to questions said that Mr..
McDermott never received dellar from,
nor WAS in anv way ever employed by
the Trinidad company. As Mr., McDeI-
mott considered all this testimony trrele-
want he did not cross examine Mr..
Crystal further.
KING Lo BESGULA CAPTURED.