New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-11-26
AOUEDUCT LAWYERS TILT
Opponents Sag Dir. Dougherty Has
John Doe Minutes.

The usually dreary proceedings of the hearing
before the Aqueduct Commission into the Mer-
chants Association charges Of faulty construction
in the Jerome Park reservoir were enlivened yes
terday by frequent tits between J. Hampton
Dougherty, attorney for the Merchants Associa-
ton, and Wallace Macfarlane for ex-Chief Eng1-
neer HILL
Daniel Ulrich the assistant engineer, witness
for John b. Macdonald, the contractor, and Mr.
Dougherty opposed the efforts of MIR. Macfariane
to have Ulrch justify the substitution or rock gust
for sand in the mixing Of mortar.
II am here as a matter of right while you, Mr.
Macfarlane, here only as a matter OF courtesy,
said Mr.. Dougherty.
Il am here as an attorney. and have just
much right here you and 1 think when I get
through l will have shown that the screenings. or.
you call it, rock dust is sand within the meaning
OF the dictionary" replied Mr.. Macfarlane.
THE wall had been put to a rather unusually
severe test" said Mr.. Ulrch. THE discolorations
reported by Mr.. Alden April o. 1903 were due to
the amount of sediment in the water and the pres
OF iron in the rocks and stones. 1 inspected
the wall. and found dampnesS and some
cracks in it, which could be accounted for by the
heavy rains for two days previous. The assures
shrnkages could not have been caused by internal
disturbances of the bank"
In response to Mr.. Alden's report of April q.
1903 Chief Engineer Hill inspected the wall with
witness. They found assures. In June the
Mayor, Controller and others found no leakages.
After receiving Mr.. Alden's report OF October OF
this year, the witness made another inspection
of the wall and found no difference between those
portions built with mortar in which sand was
used and those built with mortar made of rock
screenings. In both parts he found leaks. 1t was
because the core wall had not been sunk to sufi-
GENTLY deep foundation. The water soaked through
underneath
Mr. Macfarlane asked the witness 10 state
whether the engineer had the right to alter the
specifications.
Mr. Dougherty's objection to this testimony was
overruled.
ST wish TO meet these various objections" said
Mr. Macfarlane, that are constantly cropping
out that the specifications have been disregarded.
I wish to brand these statements lies that have
been spread broadcast. The engineer had tne
right TO alter the specifications as he saw mt, IT.
in his judgment. the situation required such
Il wish to charge again" said Mr.. Dougherty.
that these statements are true-that the specInI-
cations have been violated ana wltuly V0laled'
in contra diction the law. l shall show
II wish to compliment the counsel SAID MT.
Macfarlane ION his mate courtesy not 10 say
his impertinence"
The increases Of the prices in the open market
W o sn3pli t the witness said
Under cross-eXaminatiOn Ulrich said there was
for the discontinuance OF work on the
until this last summer. He admitted that in the
three and One-half years that he had been IN
charge of the work there had been only fifty feet
OF wall constructed.
Have you a copy of the minutes Of the so-called
John Doe proceedings which Mr. Jerome began last
June?" Mr.. Dougherty was asked. He became in
dignant, and appealed to the chairman.
II refuse to answer. should not be asked any
such question" he said
At this point adjournment was taken until next
Wednesday.
It was said by Mr.. Dougherty's opponents that
they had doubt that he had copy of the min
utes Of the John Doe proceedings, and that he
was holding them whip over the witnesses.