New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-01-25
AFFIDAvITS AGAINST APPRAISERS.
DECLARING THAT COMM ssIoSERs APPOINTED
TO FIX DAMAGES WERE INTERESTED
IN THE ELEVATED ROAD.


IN THE ELEVATED ROAD.
Alfred r. ConNlng and william c. Peckham, ~
counsel for David II. Hart. argued motion before
Judge Patterson. of the supreme Court, yesterday
morning TO set aside decision OF Commissioners John
FOX and Eugene II. POmeroy, who were appointed py
Judge O'Brien about two years ago 10 appaiSe damages
in Manhattan Elevated Railroad suits. The decision
OF these commissioners affects the southwest corner
of Forty sec0nl-st and SlShave. which has 100 feet
in each street, and Is owned by David Il. Hart The
courts, some time ago allowed 10000 for the dam
which this property Ind sustained by the erection
OF elevated railroad and station Of unusual width
In front of IT, but when the case was brought before
the commissioners they allowed only cents Tor
damages. Mr.. Harris lawyers Immediately began an
investigation Of the relation OF the commissioners TO
the Manhattan Railroad Company, and yesterday they
supported their motion for setting aside the decision
OF the commissioners with twenty TO thirty andavits
which charge two Of the commissioners with improper
intimacy With the Manhattan Elevated Railroad people
The most serious charges are made against commits
soners Pomeroy and Fox. although Commissioner j.
Henry Haggerty does not escape Without some I'M
putations OF misconduct. Colonel E. c. james ap
peared for the Manhattan Railroad.
Charles II. Strong u lawyer, having his Office at
No. Ill Broadway. In his affidavit says that Fox was
! member Of the Board Of Supervisors in 1867, 1858
md 1850 ut n time when william NJ. Tweed was a
member OF the board and In 1859. John Fox "was
transferred with william NJ. Tweed to the famous
Court House Committee
II am informed says Mr.. Strong In his affidavit,
shat J. Henry Iaggcrty was not freebooter when
he vas appointed q commissioner. but that the hold
ing OF the appointment was SO much OF an object TO
him that he procured transfer of real estate TO him
in order " enable him 10 Mr. Strong also SAYS
that the records OF the Board OF Supervisors for two
years when Fox and Tweed were comembcrs OF 1t,
an1 when the Manhattan Elevated Railroad claimed
TO have the right TO build It's road I'm Nnthave were
daafr NJ, x.icito Cd fhc
mept OF the Manhattan Elevated Railroad he declared,
and learned from Of the men, who seemed to be
employed there clerk, that the Manhattan Rail
road Company selling iron to Fox, presumably old
iron and by another clerk employed there Mr. strong
was Informed. he declares that trucks belonging TO
Mr. Fox frequently came the Manhattan Elevated
Railroad receiving department where goods are bought
and delivered.
Edwin J. Chapman, law student, testified that he
had visited the Office OF John Fox. nj NO 1GO Broad
way, and asked man. who said he representa-
tive Of Mr.. FIX II Mr.. Fox had sold Iron TO John ID.
Crmmns. and Mr.. FoXs representative answered in
the affirmative. But wien asked II Mr. Fox had sold
iron to the elevated railroad the said that he did
not know Mr.. Fox has sign on bis Office. which
says that he Is dealer In brass, iron, railroad sup
plies. etc. John ID. Crimmins built several miles OF
the elevated railroad and has rebuilt considerable part
OF 1t. DR.. Shine. brothernlaw of John Fox. was
surgeon OF the elevated railroad company
not long ago and said to him 81 hear that YOU
have been dealing in iron with the elevated railroad
to which Fox replied at IS not so. haven't had
anything TO do with them in six years Mr. Harris
lawyers argue that the inference 10 be drawn from
this is that prior 10 six years ago Mr.. Fox
admits having had dealing In iron with the elevated
railroad. In Franklin D. Psole's affidavit 1t is sworn
that while I'm the Legislature John Fox voted in favor
OF the rapid transit companies that htcrward were
merged into the Manhattan Elevated Railroad Com
pany, but he voted against certain acts which IA
fored. the then rival road to the Manhattan Road.
or II Gilbert Elevated Railroad, as 1t was called.
8.Ason s. Clark testified that January l.. 1903,
ne visited No Morrsst. at IL o'clock in the morn
Ing. and there met Mrs. Elizabeth Jones' the wife OF
William j. Jones, the proprietor Of the Eagle Hotel,
and asked her what was the best way to get place
for n friend the Manhattan Elevated Railroad.
Mrs Jones said that John Fox had applied for place
on the elevated railroad for william Jones,
and that the boy had served the company four years
as "tcketchOpper" and gateman. and had left the
work simply because lie did not care TO serve longer
william Jones is working In Union County,
n. J. FRANKLIN d. Peale In his affidavit, also says
that he William J. JONES' the father OF William
Jones, and he also said that John Fox had secured
a place on the Manhattan Elevated Railroad for bis
william.
In the afhdavits against Commissioner Eugere u.
Pomcroy 1t Is declared that POmeroy and Frederick
A. Ward occupied set Of law Offices together at
No. 156 Broadway, and that it was necessary to
pass through Mr.. Wards room to reach Pomeroy's
Office The lease OF these offices was sworn TO bear
the signatures Of Frederick a. Ward and Eugene II.
PomerOy. Julien 7. Davis, testified that Frederick
A. Ward had been retained counsel for the
Manhattan Elevated Railroad. lie also testified that
Sinclair Myers and George ii. Scott were employed
by the Manhattan Elevated Railroad Company eX-
pert real estate appraisers.
Appended to the affidavit series Of crossques
uonng from former examination in which Scott ad |
q Nfo,l
tan Elevated Railroad people for testifying for them
William G.. Peckham, In his affidavit, declares that |
this work performed by Mr.. Scott was worth only |
~ OOO while S5 900 would have been liberal allow
snce. Addison :. Clark testified that Sinclair Myers
Haiir0ad people In proceeding We're the fees |
Of the firm Of Scott a. Myers: D., s,ou .,., s,.on.
friendship existed between Commissioner POmeroy |
and Mr.. Myers. =. A; Iiibbards affidavit SAYS that
reference that Myers be Retained the realestate
expert in some OF the cases then on ta h before ore
ISOLATED with Myers and was very friendly TO him"
Mr. sssra further testified that Scots and MSsr
heard from any expert In some cases where .5e
THE counts allowed sord n ees sH s&0nsaa
Of the low valuation OF damages given by M'ssr nG
Erwin rt from Tho speo ha ccn for
when prS;ee%nss took place. sne 1
fc"P . K n sd in 0p his aSav f?
soYcr Pomeroy has employed Scott and Myers TO sell nj
st S for s% and yG s cha had
SlmS committees and boards ,of RE New York
c ts tf% c ad
bsrs Of the Billiard and Bowling Committee
HAS NEW. YORK AND NORTHERN BEEN SOLD?
SPECULATION ~ WALL cTREET ABOUT BUYERS
AKIN THEIR POSSIBLE OBJECTS.