The record-union., 1896-07-01

ing a reporter and declared it lost. To-
zer appealed from the decision of the
Chair, but the appeal was lost, Mckay,
Tozer and Pennish voting not to sustain
it.
Pennish moved to reconsider the vote
on the reporter, but the motion was
lost.
Davis refused to vote for the motion
because he did not believe in forcing
things.
Mckay said Davis had been forcing
things for three months, because Croly
would not appoint the clerk he wanted.
well, 1 consider Mr.. Croly very
ungrateful man." said Davis.
Tozer moved that, as w. E. Doane
was going to report the proceedings for
the defense, he be sworn.
Mr.. Doane was sworn, and then Mr..
Hughes said he would ask permission
to put Kent on the stand as a witness,
to show bias and prejudice on the part
of members.
Devine moved that it be considered
the sense of the board that no member
be sworn at the beck of any attorney.
Kent said he had been threatened if
he did not let go on these charges that
charges would be preferred against him
in the Superior Court for malfeasance
in office because he had written a let
ter to Mr.. Croly proposing man to
him for employment on the street. He
acknowledged that he did write such
letter in behalf of a man who had
family and was in need.
An argument ensued between the at
torneyS and Mr.. Hughes request was
denied, as was his request to have
George Murray, the former Street Su-
perintendent, sworn.
L. b. Washburn testified that he was
for a time foreman under Mr. Croly.
He was also for time foreman under
superintendent Murray. Croly did not
do things as Murray did. Mr.. Croly or
dered him to haul the dirt into the lum-
Der yard, which was one of the charges
Mr.. Hughes objected to some things
testified to, and Kent moved that
Washburn be allowed to go on and tell
his story, and he resumed.
Witness said that Mr. Croly ordered
him to put two wagon-b beds on a
wagon that stood in front of Croly's
house. He took his men up and put
them on He did not know who the
thought that the wagons were after
wards used for the city's work. Did
not know whether Croly owned any
teams or wagons used in work for the
city.
Corporation Counsel Johnson asked
witness opinion on Croly's competen-
cy,and Mr.. Hughes objected to the opin-
ion being given. Devine said he hoped
wit t1n o1l 70
as he considered him fully competent
to judge He told Washburn to stand
up and make his statement, and the
latter said he did not consider himself
competent to judge.
He thought Mr.. Crolys methods were
more expensive than Murray's, as the
latter would have given away the dirt,
instead of paying to have it hauled.
Croly never told him to keep count of
any loads that he put on private lots.
Under Murray he had hauled dirt in
front of peoples property and they
wheeled it in themselves.
He did not know Milo Wagner, but
the latter had, he thought, used one of
the wagons he placed a bed on; at
least one Of the beds was on a wagon
Wagner used. He did not know who
the team or wagon that Wagner drives,
or whether Mr.. Leitch owned them
Witness swore to the charges because
he had heard that the teams spoken Of
in the charges were Crolys Gus Smith,
who has a sprinkling contract, had told
him that he thought they were Cro1y's.
The wagon-beds were not injured by
being placed on the wagons, as far as
10 n; l,,% l,1
thought the city would find it cheaper
to haul the stuff taken out of the sew
ers in open wagons. The dirt hauled
into the lumber yard was the scrapings
OF the streets. While he worked under
Superintendent Murray he had hauled
dirt to China Slough on Labhardt's lot
and for various other parties. They
sometimes got a glass of beer in re-
turn 1t was customary to do so, and
to get rid of the dirt as cheaply as pos
sible, and to make the haul as short as
possible, but dirt was generally put on
alleys.
1t did not cost the city any more to
dump the dirt in the yard than in the
alley, and was not more difficult Some
times people would haul the dirt off for
the privilege of having it, but there did
not seem to be anyone who wanted it
just then. At Kent's request, he hauled
dirt afterward into the alley between
Second and Third, further down the
street. 1t was no more work to haul
the dirt into the yard than it would
have been to dump it in front.
p. NJ. Rooney of Perkins swore that
he knew some of Mr.. Croly's wagons
on his ranch. He did not know whether
they were brought into town or not,
but they were not now on the ranch.
His horses were pot on the ranch now
They were blaek and a bay horse and
bay mare. He had understood that
they were CroIy's and Irvine's He
heard Mr.. Irvine say that he bought
the horses, he thought, in 1891. Kent
and Devine drove out to Brighton one
day, but he did not remember that they
asked him about the horses and wag-
ons.
Kent admitted that they went out
and asked Mr.. Rooney about the
horses.
Mr.. Hughes said the defense would
admit that one of the teams and wag-
ons that left the ranch in the fall of
1890 had been used on work in the city,
but they did not belong to Mr. Croly
when they so worked.
Charles Hackney of Perkins knew the
horses and wagons, but knew nothing
about them since they left the ranch He
did not know who owned them then or
now. He saw Wagner driving one of
them on the street since.
Milo Wagner testified that he was
hired by Mr.. Irvine to drive the team
and work on the streets three or four