Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1907-05-07
snecia1 70 The EyENTNG NEWS:

HtISif . htttltAOb w D~~Y (ft+~t
Special to the EVENING NEWS:
NEW BRUNSWICK, May 7:
The contention is made by former
Freeholder Michael Welsh in the de-
fense to the damage suit brought
against him by John Quinlan, former
street commissioner of the borough OF
South Amboy, and now on trial here
before Judge Lloyd and jury, that
he was authorized by a verbal reso-
luton passed by the Board of Free
holders to do the work for which he
is now asked to pay damages and that
as the agent of this board he cannot
be prosecuted and held responsible
for his official acts.
The defense was reached yester-
day afternoon and finished this morn
ing. Lawyer Alan H. Strong, coun-
sci for Welsh, in opening his case,
held that such a resolution was
adopted by the board 1t was con-
tended by counsel for the plaintiff.
Lawyers Adrain and Pearse, that no
such resolution appeared on the Of
fetal records of the board and Law
yer Strong admitted this to be cor
rect. The lawyers argued for some
time as to the admission of the
records upon this point to prove that
it did not exist therein and the court
i finally overruled this insistence on
the part of the plaintiffs counsel
holding the admission by Lawyer
Strong to be sufficient.
4 Mr.. Welsh Sworn.
Mr.. Welsh was then sworn and
testified to a verbal motion being
made by him at the close of meeting
in September, 1905, at a time when
the board was about to adjourn and
the clerk had probably left, to the
effect that he was to have a survey.
made of the road and get the grade
established. This road had been inn
proved before, having been macadam-
ized by Rue & Fountain up to the
borough limits and although the road
within the limits had been made a
county road the work had never been
completed there. The lawyers at this
point got into another discussion as
to whether the resolution referred to.
provided for survey or to do the
work Mr.. Welsh claimed 1t provided.
for the work.
Testimony Contradictory.
Throughout the two hours cross
examination of the defendant he was
continually confronted with state
ments made at former trial OF
ei17ilar case, the testimony now and
: en being contradictory 1t was
brought out by the lawyers for the
plaintiff that Mr.. Welsh owned nine
a la ,,,st nf E00 fnaf
on this street.
} Former Freeholder Cox, who was
} chairman of the road committee at
! the time the alleged motion was
, adopted, corroborated Mr.. Welsh in
, this particular and also said that 1t
, was agreed that the work was to be
' paid for from money transferred from
: the road appropriation for road re-
repairs in South Amboy. Former
g County Road Supervisor H. H. Brown
: also remembered the adoption OF the
: motion or resolution referred to, but
!, he was not clear as to the language OF
. it.
Assistant County Engineer Jen-
: nings to Former Engineer Dougherty
e testified to going with Mr.. Welsh to
the South Amboy borough officials to
E get the book for the determination of
: the borough grade. He and Engineer
q Thomas, of the borough, determined
: what they thought was the grade
from this book which they had three
times, getting 1t twice from the plain
tiff in this action who was then street
Z commissioner of South Amboy.
d John Mannion On the Stand.
d John Mannion gave testimony yes
st terday afternoon for the plaintiff. He
O has land adjoining that of the defend
h ant and conferred with Welsh as to
! the cut being made in the street. He
=. said Welsh, when asked as to the
% deep cut being made replied, Why
. should | leave my lots in hole be-
e cause another man built on hill"
h Road Committeeman Ambrose, of
II the South Amboy borough council,
@ gave evidence of a similar character
o as to his calling Welsh's attention to
T the depth of the cut.
= Forrest l.. Smith, of Perth Amboy,
p civil engineer and surveyor, was
y sworn, after Quinlan's deed to the
!. property had been put in evidence.
Mr.. Smith explained a map of the
d land. The John Quinlan property
: consists of lot with a frontage OF
q about ten feet on Augusta street, and
forty-fve feet on Main street, com
= tanning one single dwelling house and
= part of double dwelling house, the
I other part OF the double dwelling
7 house being on property Of Mrs,
Q Quinlan, also containing third
v house.
+ The profile showed that prior to
y the grading for which damages are
: sought the yard lines were only about
: eighteen inches above Main street
. grade, while after the grading they
d were from S "a feet to feet above
g the street level.
He explained fully all the details
d of the map. On cross examination he
I Continued on page ~
II