The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-07-29
SCHOOL SITE CASE.
Condemnation Commission
erS Hear More Testimony
in the Manning Ave-
nue. Lot Purchase.
M'GRATH's PECULIAR ADMISSIONS
No Permit for the Work Begun
After the Contract With the
City Was Signed.


Yesterday afternoon was esumed the
taking Of testimony in the case of Mrs.
Alice McGrath, whose property on Man
ming and Johnston avenues the city pro-
roses to condemn for q school site.
Messrs. I. Romano and G. ]. Cronan
were the Commissioners appointed by
Justice Lippincott. The city was repre-
sented by Corporation Attorney Douglass
and Mrs. McGrath by Counselors DENIM
and Mulvaney.
Mrs. McGrath asks about $1,000 for the
lots taken and the building partly erected
thereon. The city contends that Mrs.
McGrath began the building work after
the contract for the option of the lots to
the city had been signed by her husband,
Patrick McGrath, which contract she re-
pudiates on the ground that she gave him
no authority to sell her property.
When McGrath was en- the stand he
a sorry witness, n under a sharp
cross-examination at the hands of Mt
Douglass admitted that there was no
permit granted for the erection OF the
building, and the excavation work was
begun after he had signed the contract
with Mr.. James c. Young, which contract
he at first denied he had ever signed. 1t
was, however, placed under his nose. and
he was compelled to own up
Contractor Kelley, who had charge OF
the building in course of erection on the
lot, was the first witness yesterday. A
man named Jowst vas the frameman.
They a no plans, but he thought Nc
Grath had. He began work about six
weeks ago.
..Why?" asked Mr.. Douglass.
sMr. McGrath notified me-" he replied.
Did you talk with Mrs. McGrath about
the contracts" asked the Corporation At
torney.
Eyes. but she was guided by her hus-
band.
was anything thing said about a loan
from the Monticello B. n L. Associa-
tion?s
mo"
Mr.. Douglass at this point showed Kee-
ley the contract between himself and the
McGraths for the building of the house,
and asked him to explain the many eras-
ures therein, but the contractor couldn't
do that satisfactorily. Then MI. Doug
lass showed hin the language of the con-
tract, which said that the work should be
done under the supervision of the build
ing committee of the B. nj l.. Associa-
tion.
Did you have a committee down to in
spect your work?' asked Mr.. Douglass.
mo, 1 never seed one"
.Who drew the contract?"
Judge Garrick.
And you knew what you were sign
ing?"
Yes"
you knew by the contract that you
had to build according to the supervision
of the building committee of the Monticel-
10 B. and L.. Association, and yet you
went ahead and never once saw them?"
mo, / never saw them,' said the con-
tractor, glad to get off the stand.
Patrick McGrath. the husband. was
called. 1t was he who was so overcome
by Mr.. Young's fascinating way of doing
business that he signed the option of pur-
chase by the city one minute and clean
forgot about it the next. He is a foreman
for Contractor Henry Byrne, bright in APP
pearance, but disappointing when he
talked. 1t was all smooth water under
Mr.. Dennin's skillfully put questions. He
procured a loan from the B. and L. As
ISOLATION, and it was issued in February.
He paid for the initiation fees $3.50 and
the subscription on 80 shares were paid
after that monthly or -bi-weekly. Then
when Mr.. Douglass started in to cross
examine him McGrath's troubles began.
He said that he himself never paid any
thing on the loan, his wife did.
who told you to say that" asked MI.
Douglass, suspiciously.
Nobody McGrath said, after a pause.
.sWho prepared the mortgage to the
Building and Loan Association asked
Mr.. Douglass.
Judge Garrick."
% ssnilC-.,, -. o,,r rr-ifo a,yor cinp 4, mort
gage to the Building and Loan Associa-
mo
rs it not a fact tina the association re-
Il don't know. I was there when the
loan was granted replied McGrath.
"Who was the committee appointed to
appraise your property for the associa-
Il don't know."
Can't you remember one MEMBER
No. the witness couldn't stand
a strain like that, but finally when Mr..
w. Knight, J. E. Knoeller and others, Nc
Grath guessed they were on It His wife
hadn't paid anything on the s6S7 bonu to
paid today.
fore or after the signing of the contract
with Mr.. Young?' asked Mr.. Douglass.
McGrath was cock sure it was before his
fatal signature was attached, but finally
under the inquisitorial torture confessed
it was after.
"Who e~xcavated for you"
Henry Byrne."
"Who gave him order to do it?"
Don't know
Did he do it of his W accord?' asked
Mr.. Douglass.
'sHe amt that kline of a man" (Laugh-
ter, in which all joined.)
Did you get a permit for the build
ing?"
did you know that a permit was never
granted for that building?" asked Mr..
Douglass.
mo"
Don't you know tina it is contrary to
the ordinances to build a building four
stories high without a special permit?"
mo"
did you ask for a permit from the
Board Of Aldermen" !,
Moves, I meant asked the City
was it passed by the Board?"
Yes. four weeks ago. triumphantly
replied McGrath, as If he had made a hit.
WAS it approved by the Mayor"
Don't know"
Don't you know it was not?, persisted
Mr.. Douglass, and after a little more
squirming McGrath admitted that 1t was
not. He also said that he had never per-