The San Francisco call., 1898-02-15

an inner coat pocket document which Attorneys Cope and Sullivan examined.
 AS the instrument was unsigned they Insisted on the production of the genu- me contract, which, 1t was arSueo, would be brought into court later:
 Judge Belcher glanced through the document and passed 1t back 10 Dun don with the remark that he could not see that it contained anything of none tary moment not covered by the testi- mony of s. E. Slade.
 Dundon then brought forth book purportlng to be his private record or receipts and disbursements for the f1rm or Darby Laydon & Go. The only entry or seeming pertinence to the legal in qulry was checked HI. c. c c. This indicated deposit made with the liar DOT Commission in the form of a certi- lied check in the case of a bid, which is required by law.
 M. w. H. Healy. who has been member of Healy, Tibbets & Co.,, waterfront contractors, for nearly ten years, testified that his firm drove 6So plies on sections l, 2 and of the seawall dur1ng July and August, 1887. He saw possibly 100 of these piles himself The Harbor Commissioners supplied him with piles through Darby Laydon & Co Some of them were second hand. lie saw two that were rotten. He re- membered stating to the Harbor Com mission, after his firms contract nao been completed, that some or the pies supplied him by Darby Laydon & Co. were rotten. These were among the fender piles. They were not required to be creosoted. They were the larger. outside wharf piles. The standard piles, creosoted numberr.; 425 under the specifications, supported the wharf superstructure He made the state ment quoted to the board, because Dundon has Sarcastically refected on his firm in the presence of the board
 Witness said he did not know of any money having been put in an envelope and placed where a certain memper oI the board could get 1t. He was asked if he had not told Darby Laydon this fact, but an objection to this question was sustained by the court. The rot ten part of the piles referred to hao been cut off.
 Further examination of the witness brought out the fact that he enJoineo the board. for the purpose or gaming time in which to secure piles necessary for the fuirillment of a contract he had secured as the lowest bidder. He had been buying piles from the Pacific Fine Lumber Company for years, put Just before he bid on this contract they hao notified him he must agree to pay them a higher price. He had declined to do so, and arranged to secure piles else where, though it would require more time to get them. The suit never came to a trial He had prepared mmsell to deliver the piles at any point the board might indicate for treatment. Witness admitted a combination had been formed against him, and thls was the means he took to save hlmseII OH his contract.
 MT. H. c. Holmes, engineer Of the board testified that certain provisions in the specifications for the treatment of piles were inserted by himsel1 ana that MT. Stratton had advised the hoard not to compromise the Pacific Pine Tumber suits He corrected the latter statement, saying that MT. Strat- ton's advice was not given in open meeting. but when several persons were nresent including the secretary of the hoard and himself His instructions as to the insertion of patent numbers III tbe specifications covering treatment of piles came from MT. Stratton ana Chairman Colnon MT. Stratton had advised the board that they were not prohibited by law from using patented article or process when the result to be accomplished could not De attained by other materials or means. It was only since this trial had begun that Mir Stratton mentioned anything about a law passed by the last Legis- lature respecting the use by State boards or institutions of patented ar ticles, and then he said he had forgot ten about the existence of such stat