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ITION. Tlie Legal Struggle to Es tablish the New Charter Opens Briskly. : FEATURES OF THE CONTEST. The Taking of Testimony—Who Will Hold 'the Reins for the Immediate Future? The battle over the charter was resumed In this city this morning in the Vice Chancellor’s chambers in the First Xa nonai name mulcting. Aiaerman iwumc anti Assessor Law were there on time, but nobody else was. The hearing was merely for the pur pose of settling the question who are at present in possession of the offices, while the main issue of the validity of the char ter was not to be brought up. Supreme Court Commissioner George Cossedy and his handsome white whiskers showed up early and took the principal seat. On his next trip the elevator boy brought up ex-Mayor Collins, the legal heavy weight of the charter people, and City Collector Love. They were quickly followed by Assemblyman O’Neill in a new spring suit. He shook hands with Mr. Love, whose office he claims, and the two rivals sat down side by side. Assemblyman Feeney dropped in for a moment and then dropped out. Speaker Hudspeth stayed when he learned that he could«smoke in the room. Senator Edwards was last of the coun sel to arrive. Mayor Cleveland sat down behind him and Mr. Cassedy called time and closed his eyes. James H. Love was the first witness called. He testified he was actually in possession of the office of City Collector under appointment made by the Board of Finance and Taxation. He still receives the taxes. The money received he paid over to City Treasurer Nugent. The latter •was actually in possession of the office of City Treasurer, and Samuel D. Dickinson was actually Comptroller. “What are the emoluments of your office?” asked Mr. Edwards on cross examination. Mr. Love confessed to *3,000 salary and some fees. The amount of the latter, he said, he was perfectly willing to tell, but he didn’t, and Mr. Edwards didn’t press the question. THE TREASURER TALKS. City Treasurer Nugent was so late that the hearing had to be suspended when the elevator boy carried Mr. Love away. Mr. Nugent testified that he was City Treasurer under an appointment made by the Board of Finance and Taxation and was actually performing the duties. The books and papers were in his possession now. He received money from Mr. Love as CitV Collector, and occasion ally from City Clerk Scott. Last Thursdav he received a sum of money from the State Treasurer. Mr. OUU iU», *** possession of the offices of City Collector and City Comptroller. Payments of claims against the city were made by warrants signed by the witness, the Mayor, City Clerk and Comptroller. The salaries of city emoloyees for April had been paid on order of the old charter Boards and not by the new Boards. Up to ' date there had been no difference in the financial arrangements of the city. On cross examination by Senator Ed wards he said that no demand had been made on him for the office and he did not intend to give it up. William Eiy, the City Treasurer’s clerk, testified that Mr. Nugent was actually in possession of the office of City Treasurer. A demand for the office was made on him this forenoon, in Mr. Nugent’s absence, and he refused to deliver it up. Ex-Senator and possibly Corporation Counsel William A. Briukerhoff, wearing his bronze G. A. R. medal.came in. Charles W. Laws, Assessor in the Fifth district succeded Mr. Ely. He saiil he was ap pointed tost April, but he did not know exactly when. He named the other As sessors. They met on April 15, under the old charter, and organized by the election of Michael J. O’Rourke as president and the witness as secretary. They held meetings April 29 and this morniug. At the latter both Messrs.,. O’Neill and Prigge were present and took part in the proceedings. The Assessors, as far as he knew, were going on with their work as usual. The regular notices required by law had been published by each Assessor in the newpapers. Mr. Col lins offered the papers in evidence. On cross examination he and Senator Edwards got into an argument as to whether all the Assessors usually had their field books ready by the first Mon day iu June. He had not received his new books yet, and then Senator Ed wards tackled him on the work actually done. The witness said he had been look ing around his district and noting his ob servations in his last year’s field book. As far as he knew, the Assessors had re ceived no legal advice to stick and no de mand had been made for the old field books and papers. Michael J. O’Rourke, Assessor in the Second district, caused Commissioner Cas sedy to open his eyes while administering the oath. He was certain he held the (UIIUM3, UUl U1UU 1/ JU1UVY tSAUUI/JJ >VUCU. XXU testified to the organization of the Board and the fact that it was in working order. A QUEER ROTATION. Senator Edwards’ cross-examination was intended to bring out clearly the fact that the Board of Aldermen appoint the Board of Finance; that the Board of Finance appoint the Assessors, and that the Assessors have themselves elected Aldermen and appoint the Board of Finance. Mr. O’Rourke admitted that he was an Alderman and had been for six years. He declared that while he had not Bis field book Assessor Wright had his. The elevator boy landed ex-Assembly nmn Tildeu in the chamber. He took a back seat and stared vigorously at the back of Colonel Jerry Cleveland’s head. • Senator Edwards took up the question of the breedlug in Of Aldermen, financiers and Assessors. Mr O’Rourke rested his cheek on his hand and said tlgit in 1888 Messrs. Prigge, O’Neill, O'Rourke and Schultz were both Aldermen and As sessors, and that this year the two offices were held by Messrs. Prigge, O’Neill and O'Rourke. Charles Estabrook staggered under a gouple of heavy record books,os he marched to the witness chair. He was informed that he had been appointed Clerk to the Board of Fire Commissioners to succeed the late John I. Van Alst. At this point ex-Governor Leon Abbett emerged from the elevator, hung up his hat and sat down opposite Mayor Cleve land, while Mr. Estabrook went on to say that the Fire Commissioners elected last month, organized by electing John Con way as President, and the witness ns Secretary. Mr. Collins rummaged the records fur nished by Mr. Estabrook and got him to tell what the Board did after organizing. Since April 34 there had been no meeting. There was attempted to be held a meeting May 1, but no quorum was present. OLD AND NEW F111E BOARDS. Mr. Estabrook confided to Senator Ed wards the names of the new Board, and said that Commissioner Guiton, who was appointed a driver, was now performing his duties as such. There had been no meeting of the new Board that he knew of, but notice had been given of a meeting this afternoon. “Do you expect to act as clerk?” asked Mr. Edwards. “’Bjeek,” remarked Mr. Collins, who said that the question did not relate to a fact. Mr. Estabrook’s expectations re mained a mystery. He said that so far ns he knew, the old Board had not attempted to run the department since the appoint ment of the new. “I guess that old Fire Board’s in nubi bus,’rsaid Mr. Collins as Mr. Estabrook floated away. James N. Davis told Mr. Collins that he had been elected a Police Commissioner at the last electiou. He told the names of 1.1™ „ T1__-4,1 41...4 -- thev organized. Mr. BrinkerhofT whispered to Mr. Col lins, who drew from Mr. Davis the testi mony that his Board was in charge of the Police Department and that it had held two meetings since Mayor Cleveland’s ap pointments were announced. Commis sioner Kelly, who was appointed a mem ber of the new Board, had ceased attend ing meetings of the old Board. The pay rolls were approved at a meeting of the old Board on April 26. Ex-Governor Abbett objected to Mr. Davis testifying to matters which could be better proved by the official minntes, and Mr. Davis was in consequence struck out very quickly. Mr. Collins wanted to introduce the minutes of the Police Board without proof by consent, but the ex-Governor wouldn’t have it. Mr. Collins said he did not admit the validity of the minutes of the new Board, and Governor Abbett retorted that he didn’t admit the validity of the old Board’s minutes. It was settled that each side must put what minutes it wants to use in evidence in the regular way. Comissioner Cassidy put on his eye glasses to administer the oath to City Clerk John E. Scott and Mr. Collins asked if the salaries for April hud been ordered paid. Mr. Scott, with great caution, re plied that they had. “Do these payrolls include the salaries of members of the Board of Finance and Taxation?” asked Mr. Collins. Ex-Governor Abbett objected, as it was a matter of record. The question was not answered. Mr. Scott said that the war rants included the salaries of Collector Love, Treasurer Nugent and Comptroller Dickinson, and were countersigned by Mayor Cleveland. Ex-Governor Abbett cross examined. He asked Mr. Scott if he meant to say that any warrants had been signed by the Mayor for any of the salaries of the old officials since the new officials appointed by him had qualified. DELICATE QUESTIONS. Mr. Collins objected to the question. Ex-Governor Abbett said he wished to Erove that no warrant had been signed y the Mayor for the salary of any of the old officials since the new officials quali fied. Mr. Scott said that he would prefer not to unswer the question without consult ing the records. Comptroller Samuel D. Dickinson came in, wearing the swellest silk hat of the crowd, and was immediately seized upon by Mr. D. Collins. He testified that he held the office and had two clerks, George R. Hough, who was appointed Comp troller by the Mayor, and Charles F. Esterbrook. Up to date all warrants have been signed by the witness, and Messrs. Nugent and Love were actually Treasurer and Collector at present. “Do you know the date of the latest warrant you have mentioned?” asked Governor Abbett. Mr. Dickinson did not. He said that about eleven o’clock this morning a de mand was made on him for the office which he had declined to give up. He re membered signing the salaries of O’Neill aud Prigge as Assessors, and.of Hough as his clerk, for the month of April in full. Mr. Dickinson said he got his full salary for April, and that the other old officials got theirs. MAYOR CLEVELAND CALLED. Governor Abbett took a turn at the ex amination, and called Mayor Cleveland. The latter testified that he was the Mayor aud that his private secretary was Daniel McAghon. On Saturday, April 6, the day the char ter was signed, he was at New Haven. |He was there over night; spent the early part of Saturday in New Haven and the rest of the day in other parts of Connecticut. He reached the State of New Jersey tV» o f. rlnv Inst, tnwjrnl He wanted to catch the 0:15 train to Ho boken, but was too late. It was after live o’clock at any rate. He went to the City Hall to get his letters, and found it was too late to catch the train. He usually al lowed thirty minutes to get to Hoboken. He was told that the proclamation for the vote on the charter was issued in liis absence. Thursday he concluded that it wus very improbable that the new charter would pass, but he in structed his secretary to have the City Clerk prepare the proclamation and have it signed by the President of the Board of Aldermen if the charter should pass in his absence. He was not in the city at the time the proclamation wns issued. He left a form for the proclamation. He told his secretary that he was not sure he would be home before the first of the fol lowing week. The only paper published in Jersey City on Sundays, lie said, was The Sunday Morning News. This testimony was given in preparation for evidence as to the proclamation having been published. On cross examination by Mr. Collins the Mayor dilated on the instructions he gave to Private Secretary McAghon. He leaned back in his chair and thought hard, but could not rememember anything else of importance. ABOUT THE TAX BOARD CLAUSE. Mr. Cleveland said he gave the copy of the original bill to Senator Edwards. It wns partly in type writing and partly in manuscript. It provided for a non-partisan Tax Board. “When did you first learn that that provision had been stricken out?” asked Mr. Collins. The Mayor could not say. He said that after landing at the foot of Montgomery street he went straight to his office. He had no means of telling what time it was save that he was too late for his train. A crowd was standing at the foot of the stairs talking, and that was the first he heard of the passage of the ?harter. He thought the men were joking. He appointed as Tax Commissioners, David W. Lawrence, John Prigge, Jr., ind Mr. J. O’Donnell. Mr. Lawrence was > well known Republican. This informa ;ion was given to ex-Uovernor Abbott. Chief Engineer E. Farrier of the Fire Department testified that he was the ■hief executive officer, und that the old Commissioners organized after the last dection. They had been in cearge of the leaprtmeat ever ■si nee. “When did they hold their last meet ng!1” asked Governor Abbett. “A week ago Thursday night. All were present. After that there was no quorum.” “Has the Board transacted business since the 24th?” | “Yes,” was the answer. This reply caused surprise for the num bers do not show any meetiug since the 24th. After a good deal of questioning Chief Farrier admitted he had probably mixed the dates up, and that there had been no quorum since the organization meeting. ISSUING THE PROCLAMATION. City Clerk Scott was called by ex Governor Abbett and questioned about the issuing of the proclamation. He said that Thursday morning, April 4, he went to speak to the Mayor about the chances of the charter passing. The Mayor was busy. When he went in again the Mayor had gone. Secretary McAghon told him the instructions the Mayor had left and showed l>im the form of proclamation which the Mayor had written with a blue pencil on a pad of official note paper. THERE 18 NO FINER HOSPITAL Johns Hopkins* Magnificent Bequest to Baltimore—Opening Ceremonies. Baltimore, May 7, 1889.—The Johns Hopkins Hospital, at Monument street and Broadway was, formally opened this morning. It is one of the finest and most complete institutions in tlewnrld emhrsninor seven teen buildings, which cover four acres of ground, and surrounded by ten acres more of beautiful grounds, which will afford healthful exercise to the patients. Its con struction was begun more than ten years ago, and the total cost was $2,050,000. To the nraniflcence of one man Baltimore owes this great institution—the late Johns Hopkins. It was he who also founded and provided for the Johns Hopkins Uni versity. Over twelve hundred invitations to attend today’s ceremonies were sent to persons in various parts of the United States, exclusive of those issued to Balti moreans. No one was admitted without a curd of invitation. Among the hundreds present today were the principal state and city officials, Drs. Fordyce Barker, H. M. Briggs, C. S. Bull, W. F. Dawson, T. A. Emmet, Frederick Hoffman, F. Lange. C. C. Lee, S. J. Meltzer, Charles H. Nichols, T. E. Satterthwaite, L. H. Sayue, L. A. Stim son and R. F. Weir, of New York; C. N. Hoagland and G. T. Kemp, of Brooklyn; Surgeon General Browne, United States Navy; Surgeon General Moore, United States Army- Drs. Frank Baker, J. H. Bryan, S. C. Busey, R. T. Edes, Robert Fletcher, United States Army; A. A. Iloeliling, United States Navy, and Dr. Stove, of New Jersey. Addresses were delivered by Francis T. King, President of the Hospital; Dr. John S. Billings, United States Army, and D. C. Gilman, President of the Johns Hop kins University. President King said that Johns Hopkins, in founding his two great trusts—the University and the hospital—each with an endowment of nearly three and a half millions of dollars, was'not actuated by a wish to build a monument to his own memory. His motives were higher and nobler. He remembered that in re ply to a question as to why he had never made a will Mr. Hopkins said that he looked upon his wealth as a gift for which he wTas not accountable, but which was given to him for a purpose, and he did not believe he would die before it was re vealed to him how he should dispose of it. “This wealth, he said, “is my steward ship.” One of the most interesting parts of Mr. King’s address was a quotation from a letter written by Johns Hopkins to his trustees, which olenrly sets forth in a few words the good he purposes to ac complish. It is as follows:— “You shall receive into the hospital the indigent sick of this city and its environs, without regard to sex, age or color, who may require surgical or medical treat ment, and the poor of this city and State of all races who are stricken down by any casualty.” __ ONE HUNDRED RACEHORSES. They Are Yearlings ami Now on Their Way Here from Kentucky. Lexington, May 7,1889.—One hundred --11__1..1 shipped here today by Adams Express consigned to William Easton, Hunt’s Point, New York city. The yearlings are the produce of the McGrathiana and Elmendorf studs, and a few others. They represent the grandest racing strains of blood in America—in deed in the world. They are expected to arrive at Jersey City on Thursday, and will be taken from there on floats and landed at Harlem, from whence they will be shipped to Hunt’s Point by the New York, New Haven and Hartford Railroad, the paddocks of the farm being directly alongside of the railroad track. Mr. Easton will conduct the sale on Tuesday next, it being the initial at Hunt’s Point, an establishment prepared specially for such sules. It is perfect in appointments, a garden spot of nature, and the racing world is on the qui vivo to witness the sale of the largest shipment of yearling racehorses ever made to the East. __ WHITE CAPS IT’iMSHED. They Were So Good They Rode a Man Upon a Rail Until He Was Insensible. CAliO, Mich., May 7, 1889.—On March 28 a gang of “White Caps” was organized in Koylton township, this county, for the purpose of ridding that vicinity of Alex ander Lawler, a farm hand, who was charged with immoral conduct. Lawler was ordered to leave the township, but did not heed the warning. A few evenings after the official notice the house was visited by the gang, who securely fastened Lawler's legs and arms and carried him nearly two miles astride a rail. At this point neighbors interfered and Lawler was taken from the gang un conscious. He had been roughly handled, and was unable to appear against his his assailants until Saturday last, when a warrant was placed in the hands of the sheriff for the arrest of ten of the White Caps. The Sheriff succeeded iu arresting D. 13. Best, TJ..,'... t r,.z» n... ■ ' Ed Hart, Fred Kossman and George Huntley, who were arraigned yesterday morning, and pleaded guilty. Justice West imposed fines and costs on the gang to the amount of $190, which was paid by their friends. Three mem bers of the organization have left the county. Those implicated are well to do farmers’ sons, ranging in age from seven teen to twenty-seven._ The London and Liverpool. There is no reason why a man or boy should not be well clothed when such superior clothing can be had at such reasonable prices as the London and Liverpool Clothing House are now selling. They have a large stock of one of the nattiest suits ever put upon the market. They call it the Brighton, and are selling it at $12 per suit. These suits are said to have cost from $25 to $40, and the rapid manner in which they are being sold testifies to the excellence of their ma terial and make. Fine dress shirts at forty-nine cents each is another specialty of the London and Liverpool, and all who cnmtemplate purchasing clothing or fur nishing goods should visit this establish ment, at Nos. 86 and 88 Bowery, corner of Hester street._^_ Fond of Flowers. Mr. B.—My dear Mrs. Crresus, may I not put your name down for tickets to Professor Pundit’s course of lectures on Buddhism? Mrs. C.—Oh, by all means! You know how passionately fond I am of flowers. __ Bgkcuam's Pills cure bilious and nervous Ills. RETRIBUTION. The Big Four Struggling for Liberty in the Grasp of the Law. THOSE QUEER COMMITTEES. The Mystic Number Four Was Prominent in Them All. The “Big Four” were all on the hilltop early this morning. They were breathing in the fragrance of the blooming trees that surround the old stone Court House, and breathing out vengeance upon those who had dared to bring them to the bar of Judge Lippincott’s court for trial. “We’re aU here,” said Reynolds, “and we’re not afeerd o’ all all o’ yes. Ye can blackguard us all you please.” rpi- ,1JJ_i- ttin — ~ r*-x-j — - courtroom at the ringing of the bell; hut by the time Judge Lippineott, looking less ruddy than is his wont, had taken his seat on the bench with Judges Paxton and Hoffman, they were all in their places. Kern, who enjoys the notoriety of being the chief of the Big Four, was the only one of the combine who sat with Counsellors Garret sou and Vredenbergh for the defence. He wore under his dark coat und vest, a blue striped shirt. From beneath its turned down collar a black scarf, decorated with a flaming diamond, fell over the shirt front on to his vest. He stroked his mustache, perceptibly darker than his hair, nervously, and whispered occasionally into his lawyer’s ear. The other three of the “combine” ar ranged themselves against the railing that encloses the bar, with apparent regard to the luxuriousness and aoundance of their hirsute decorations. First sat Hilliard, with his patriarchal beard straggling down to his lap. Watts’ chin was bare, but other parts of his face were covered with carefully brushed side lights and mustache, and at the end sat Reynolds, who wears no hair on his face. Gathered in the courtroom were Com missioner Van Keuren, ex-Alderman Max Salinger, newr Finance Commissioner John Edelstein and old Finance Com missioner Joseph Warren, Patrick Sheeran, “Jim” Braun, Chief Engineer Ruggles and others of less note. INTERESTING RECORDS. The proceedings of the morning were not sensational, but it was surprising what a vast amount of interesting read ing Clerk Martin Finck found in the routine minutes of the Board’s proceed ings that no one would ever have sus pected that entirely unsensational manual of containing. During the whole morn ing Mr. Finck diverted the jurors with selections from these records. There was first the street cleaning con tract, Dennis Byrnes offered to do the business for $10 per mile. The Board, which was the big combine, awarded the contract to Thomas Mailly for $15. The Board of Finance did not concur. Clerk Finck said that the non-concurrence was due to a belief on the part of the financiers that he could not do the work for that money. The Board of Works went back and awarded the contract to Lawrence Carey at $19 per mile. Prosecutor Win field made much of .the fact that the Board had skipped over Barney Shanley. He was evidently under the im pression that Shanley is the well known Pennsylvania Railroad contractor. Mr. Vreedenbergh called Mr. Winfield’s at tention to the fact that the bidder lives on Union street in this city, while the contractor lives in Newark. The only point the Prosecutor scored on this branch of the enquiry was Mr. Finck’s confession that he did not know why the Board should have picked out McCarthy of all the higher bidders for the contract. • THOSE QUEER COMMITTEES. , Then Mr. Finek was directed to turn "back the pages of his mannual to the date when Commissioner Van Keuren quit the cnair, ana rerusea to serve longer as me Board’s President. Reynolds was made temporary Chairman till Kern was made President. The Committees were reorganized at the time of the change of President. The committees are all made up of Hilliard, Reynolds and Watts, or of Watts, Hilliard and Reynolds, or of Rey nolds, Hilliard and Watts, or of Reynolds, Watts and Hilliard. Van Keureu and Somers were left entirely out. The Prosecutor went over the proceedings of the Board act by act, as shown by the minutes. The whole business of the Board was done by the four, with Van lveuren and Somers always on the other side. The only mo tion that invited unanimous concurrence was that for the close of the meeting. THE SAME FOUR REPEATED. For nearly two hours Mr. Fiuck regaled the juries by intoning, at hulf-miuute in tervals;— “Kern, Reynolds, Watt and Hilliard.” And then, after a pause:— “Somers and Vau Keureu.” Mr. Winfield’s part of the drama was to invite the first response by asking:— “Who voted for such and such a resolu tion.” The pause in the clerk’s replies was to give the Prosecutor a chance to ask:— “Who voted against it?” It was terribly unsensational, but it was important as showing that Kern, Reynolds, Watt and Hilliard wore solid every time in running the business of the Board, and in bearing out the specific al legations against the defendants that whatever was done by the Board was in pursuance of a conspiracy between them. Watt broke away in one instance, ami in another instance Somers voted with them, but these were both on unessential matters. “And,” the Prosecutor said when ex Judge Garretson called his attention to them, “the matter that Somers acted with them on was probably square. ’Twould be surprising if, in all this mass of busi ness, there was not a square thing done.” He did not let go until lie had led Mr. Fiuck all through the catechism of 300 finely printed pages; and even after he had shut up the book, he sent Mr. Finck back through the record to find an answer to a question he had forgotten. »» iiu, uu aoacu Tutcu 1UL me pay rolls ou which are the names of Dooley, Larkins and Matthews?” Mr. Fiuck chanted the monot one. “Kern, Reynolds, Watt and Hilliard” in response. “Who against?” intoned the Prosecutor. “Somers and Van Keuren” was the re sponsive strain from the witness box. THE CROWNING INFAMY. Mr. Winfield did not omit to call the at tention of the jurors to the fact that the last act done by the combine on going out of office was to vote Pipe Yard Keeper Carroll out of an office he had filled for many years and vote Reynolds, one of the combine, into the place. When ex-Judge Garretson began the cross examination he showed by Finck that Mailly, to whom the street cleaning contract was first awarded, was the third lowest bidder; that the Board of Finance had refused to allow the Board of Works to make the contract witn viatuy, and so forced the Board of Works to con tract with a higher bidder. An opinion by the Corporation Counsel that the Board of Works could not contract without the consent of the Board of Finance W'asa feature of the examination. THE PROCEEDINGS IN DETAIL What a Combine Was This and How It Hung Together. When the proceedings in the case op ened this morning Martin Finck, the Clerk of the Board of Works was called to the stand again. His examination be gan with testimony as to the street clean ing and garbage removing contract. He was asked whether Mailly, to whom the contract was first given by the Board of Works, did the work pending the action of the Board of Finance. COMPARING THE CONTRACTS. “Idon’t know, sir.” “Who would know?” “X presume the Street Commissioner.” “Who did the work between March and December?” “I think William R. Cook.” “Then Mailly had nothing to do with It?” “I think not.” “How many bids were offered under the last advertisement for proposals?” “Seven, I believe.” “What was Shanley’s bid per mile?” “Seven dollars, I believe.” “And Cook?” “Nineteen dollars.” “And McCarty?” “Nineteen dollars.” “And Byrnes?” “Ten dollars.” “And Bvrne?” Eleven dollars.” “And Carey?” “Nineteen dollars.” “And Mailly?” “Seventeen dollars.” Witness said the reason the contract was not given the lowest bidders was be cause the Board of Finance would not concur. The contract was given to Mailly, and the Board of Finance have concurred in it, and subsequently under new proposals it was awarded to Lawrence Carey. The Board of Finance, on March 22, concurred in this. “Do you know why the contract was awarded at 819 per mile to Carey instead of to Shannon at $7 per mile?” “I don’t know, except that the Board thought the work could not be done for that money.” FORMING THE COMBINE. The witness testified that Van Keuren was elected President of the Board in April, 1887. “Was there any particular four com bined at that time to control the Board*” “I don’t know, sir; I was not the clerk then.” “Who was?” “John Rowe was an acting clerk.” “The resignation of Van Keuren took place September21. It was not accepted and at the next meeting Van Keuren refused to serve and Commissioner Reynolds was appointed temporary chairman, and sub sequently Mr. Kern was elected. The committees were appointed by all the members of the Board except Somers, who was excused, and Van Keuren, who voted no. “Is the chairman a member of the com mittee, by virtue of his office?” “He is.” “Can you tell me why Somers and Van Keuren were not placed on these com mittees?” “lean not.” “Who voted for the appointment of an Assistant Water Commissioner?” “All except Somers, who was excused, and Van Keuren, who voted no.” The witness then said that several ap pointments were made by Kern, Rey nolds, Watt and Hilliard. Also that a number of contracts to Charles O’Neil, James McGowan, Jasper Kern and others were given by these four being op posed in nearly every instance by Somers and Van Keuren. Witness further testified that pay rolls were ordered paid by Kern, Watt, Rey nolds and Hilliard. “Did any member, after this Board organized, ever employ any one to do work?” “I don’t know, sir. I can't tell unless it was done by resolution of the Board.” “As a fact, did not all these men as a rule vole together?” “I can’t say, sir.” “While you were clerk was there ever a split in these four?” Witness did not answer, but Counsellor Vredenbergh said there was. The evi dence all through was to show that the four indicted men voted together, and it was very well substantiated by extracts from the official minutes read by the witness, which showed the manner they voted and that Somers aud Van Keuren voted against mem, unu time me same men always voted to approve the minutes, and Somers and Van Keuren opposed. The same men voted for requisitions for sup plies and to pay claims. MONDAY’S LATEST DEVELOPMENTS. Mr, Dumont’s Testimony Concluded— Street Cleaning Contracts. When the extra edition of The Jeu.sky City News went to press yesterday af ternoon Street Commissioner Dumont was still giving testimony. His evidence referred to the relations between the Board and Street Cleaning Contractor Cook. On cross examination Mr. Dumont said that the figures charged for cleaning sew ers should have been for reconstructing sewers, and that it was a clerical error of the foreman. The payroll was drawn to pay these men for reconstructing a blind sewer on Myrtle avenue. He saw the men at Work every dav charged in the pay roll. It ordinarily required two men, a driver, and a horse and cart to remove the gar bage. The bills referred to that were not paid were incurred when the Board of Finance refused to concur in other bills. William R. Cook, when called to the stand, said that he was employed by the Street Commissioners to dean the streets December 1,188T. He was given a note to that effect by the Commissioner. He was to receive 8400 a week to do the work that inquired what was the original contract, and Mr. Cook replied $6 a mile. "Well, did you not come out ahead by this arrangement?” asked the District Attorney. "I would if I got these bills paid,”refer ring to several bills in the Prosecutor’s hands. $12,000 or CLAIMS. “How much is the total?” “More than $12,000.” “How much does it cost to clean a block?” “The price varies.” “Can it be done for $5 a mile?" “No; and not for $5 a block, and who ever tries it will be compelled to get a bondsman, like myself, to carry out the contract. As for the removal of ashes and garbage, there is not money enough ap propriated to do it.” The witness testified that he had con tracted to clean several streets, but he did not remember how mtieh the totul dis tance would be. He did not know the length of Jersey avenue, or how far it was from Warren street to the corner of New ark avenue and Eighth street. "1 agreed to do the work for $400 a week,” said he, “and clean what streets the Street Commissioner designated. There was no measurement of streets to be cleaned mentioned in the agreement, and all I had to do was to follow his in structions.” “You cleaned Newark avenue from Warren street to Jersey avenue on Decem ber 8,” said the Prosecutor. “Now do you 4. mean to say tnat you cleaned tnis tnor oughfarc nine days afterwards, as this bill sets forth?” “Yes, sir.” “What else did vou clean?” “Grand street, Pavonia avenue, Grove street and Palisade and 1‘ ranklin ave nues.” “How great a distance would the por tions of the streets you cleaned make?” “I don’t know.” ABOUT TWO MILES. Chief Engineer Ruggles was recalled and he said that the distances mentioned by Cook would make about two miles in all. Martin Finck, recalled, stated that pro posals were received in December, 1887, for removing garbage and ashes and clearing 550 miles of paved streets; that bids were received December 2, and that Henry E. Murray was the lowest bidder. The contract was not given to him because he and his sureties could not be found. John R. Keeney’s bid was the next lowest, but it was in formal and does not appear in the min utes. “Did the Committee try to find Mur ray?” the Prosecutor enquired. "The members did, and found out that where the sureties claimed to live there was nothing but vacant lots.” “Well, is it not true that it is a custom for a contractor to send in a lower bid as a feeler?” Mr. Winfield asked. “If so, I don’t know it.” “Do you know Martin Curley, Patrick Brady or Alonzo Pettit?” “Who was the third lowest bidder?” “Henry Byrne.” “Why was not the contract given to him?” "Because of an irregularity in the agree ment, I believe.” “What was it?” "The agreement,” said Mr. Finck, “stated that Philip Tumulty of—(the word ‘of’ printed)—Philip Dolan were sureties.” “Of” should, no doubt, have been “and.” “The bids were:—Murray, 819,850; Kee ney, 821,343: Byrne, 822,904; Patrick Kehil, 821,300,” said Mr. Finck. “Why did not the Board award the con tract to Kehil?” asked the Prosecutor. • FUNNY REASONS. “Because when the Board of Finance, Mayor, and Board of Works met to discuss the project of a new pump for high service, on December 29, the street cleaning con tract came up, and the Mayor said that the contract ought to be awarded to Fran cis C. Meehan, whose bid was 840.200, be cause he thought the work could not be done for less.” That was the only reason Mr. Finck could recall. “Why did not Morris E. Sullivan, who bid 824,450, the next lowest bidder, get the contract?” “I don’t know.” Dennis Byrne, who bid 825,500, also failed to obtain the contract, but for what reason the witness could not tell. Joseph H. Mailly, who bid 820.935, did get it, and by a resolution of the Board he was in structed to perform the work while wait ing for the Finance Board to concur in the award. The Board of Finance did not concur, and an opinion from Corporation Counsel Blair was read by Mr. Winfield, which showed that the Board of Works acted against his advice, and that the contract should have been awarded to the lowest bidder. The Prosecutor next brought up the contract for cleaning receiving basins. Ex-Judge Garretson objected and said that there was no count in the indictment that touched upon this contract and he did not think lus clients should be made to defend themselves. Mr. Winfield explained that he had shown an overt act on the part of the de fendants, and that this evidence was ad missable to corroborate it. The Court admitted the evidence, and then, remarking that it was four o’clock, adjourned, anti the testimony was re sumed this morning. Turf Notes. Mr. Walter Gratz’s stable arrived at the Brooklyn Jockey Club track Saturday. Elkwood, the winner of the famous race last year, when heads divided the first three", is looking well, but his underpin ning will not do for so greut a race. He w'ill scarcely stand the necessary prepare tion. The Dwyer Brothers’ large stable were out Sunday in great force. The two year-olds were rattled along in great shape, but no Tremont will be found amongst them. Flatbush (brother to Firenzi) and Extra Dry (brother to Dry Monopole) worked half a mile in 51%. This is not within five seconds of Tremont’s time when he was asked the question. Long Island and Brussels were doing steady work. A mile in ubout 1.48. Both have improved considerably and may win races if well placed. Benefit, The Tomboy Colt, Houston and the brother to Blue Wing showed good sjieed in their work, but they are ardly up to first class form. nauuver, m hub biuuic, mts ueuu uttuiy off his feed for the past few days aud it is doubtful whether he will carry the Dwyer’s colors l'or any of the races in which he is entered at the Brooklyn track. The Juggler people are very sweet on his chances for ttie Brooklyn Handicap. His performance in the Centennial Handi cap at Clifton on last Tuesday was a very meritorious one. Whatever beats the son of Jils Johnson aud Avoea will land the purse at Brooklyn. Terra Cotta, who won the Troubadour Stakes at Nashville on Saturday, will not come East until after he has ran his Western engagements. His owner, Mr. Hankins, will not throw another chance away as he did last year. He will have a good rest at Sheepshead Bay and will be close up at the finish for the great race. The bay colt Diablo 3, by Eolus-Grace Darling, is moving in great shape. He has both wintered and is doing well. His fine form of last year should be materially improved upon and it will take a first class horse to beat him whenever he starts. Sunday morning, when Hugh Penny, the well known light weight jockey, was exercising the bay gelding Armstrong 5, by Lyttleton, dam Imp. Duchess of Cher well, the horse suddenly faltered in his work aud fell. He was found to be paralyzed in his quarters aud had to be shot. The loss to his owner, Mr. Car mody, is a serious one, as he was a good race horse. Today Mr. W. L. Scott’s string of twenty-one horses are due at Sheepshead Bay, as also are Captain S. S. Brown’s string. The stable ot Mr. D. D. Withers will also arrive on or about Wednesday. If rumor be only half true the maroon and red sash of Mr. August Belmont will be in great form tms season, me work done by the two-year-olds at their quarters, Babylon, L. X., is said to be something above the average. Prince Royal, a very consistent performer last year, shows great speed in his work. The $30,000 yearliug of last year, “King Thomas,’’ is located at Slieepshead Bay, and of till Senator Hearst’s two-year-olds he has shown the best speed. The veteran “Exile” in W. lakeland’s stable is in good shape aud will b<* seen out for the Brooklyn Handicap. “Cyclops,” in the McMahon & Co.’s stable, will bear watching as he is moving fast. Five furlongs in 1:05 is good going. Hudson Circuit Court. The calendar for Monday. May 13, A. D. 1889, Supreme aud Circuit Court cases is:—Nos. (55, 7(5, 4, 5, 6, 9. By order of the Court. Dennis McLaughlin, Clerk. O'lleilly's Excelsior Oat Tonic. The best nerve and brain tonic in the world. Hotels, druggists, grocers and saloons sell it, or send to the manu facturers for it, 339 and 331 Newark ave., Jersey City.V The Merchants’ Protective Association Discusses the Eight O’clock Rule. WHY MR. METZLER DID NOT SIGN. He Becomes a Member of the Organ ization After a Frank Statement of His Position. It was a big meeting that was held bj the Merchants’ Protectiue Association in the Second National Bank building last night. Mr. George Hawes presided and E. M. Doane officiated as secretary. The meeting was public and clerks and labor unions had been invited for the first time in the Association’s history. Among those present were Messrs. Van Anglen, Schaffer, Seely, Hulshizer, Gullberg, Wessels, Metzler and Furst, and a dele gation of three from the Central Labor Union. Not until twenty minutes to nine v UIW tliv uiccuug vmicu tv V1UG1 WJ Mr. Hawes, who welcomed all. He then reported that the petition in behalf of Early Closing, which had been circulated throughout the city, had received the signatures of seventy-seven firms willing to close at eight o’clock. The Committee on Advertising reported that 30,000 hand bills had .been delivered to the public in parcels or by distribution on the streets. The committee believed that this plan had been effective. Gustav Metzler, of the Boston One Price Clothing House, inquired whether the association knew of any stores that were kept open later than eight o’clock p. m. Chairman Hawes repled “very Few.” WHY ME. METZLER DID NOT SIGN. “I can name you a dozen,” retorted Mr. Metzler. “I refused to sign the petition sent out because I have been ill-treated by the association in the past. I came here to-night by your invitation to justify my action. I close my store at eight o’clock, and I cannot see the necessity of signing such an agreement when I see parties alongside of me closing at nine o’clock—and they are members of the association, too. I have found by experi ence that it is not wise to close at eight o’clock in the clothing business, but I do it at a loss of $20,000 sales a year. With some exceptions, the New York clothing houses close at nine o’clock, and if we force the mechanic who works all day to go to New York for his clothing it is un just to him. The early closing does not affect the ladies’ department of my store so much, and during the dull season I will close at 7 o’clock. ltI defy you to find happier people than those who work for me. [Applause.] Even your Christians keep open on holi days, and I close on all of them. 1 give my employees excursions, balls and pic nics to make life pleasant, and I am will ling to subscribe #100 now to a fund that will provide this for all the clerks. There is one thing more I wish to say, and that is there is not a firm in the city that has more friends than the Boston. I have never been invited before to attend your meetings.” “That is because you are not a mem ber,” said the secretary. “In regard to early closing the merchants believe it to be wise to close. If Mr. Metzler thinks differently he has that right. I can’t conceive why all merchants do not join us in the work for early closing, for the Board of Trade cannot do all.” THE OTHER SIDE OF THE CASE. Charles Furst was very sorry if the association’s action had caused anyone to feel slighted, and he desired to apologize in its behalf. He took exception to some of the points made by Mr. Metzler. He did not believe that Jersey City people would go to New York shopping after ■ i * .. tt ...i_ Koine people made it a point to go to New York to buy, no matter what the closing hour was in Jersey City. He could not see how Mr. Metzler could lose as much as *20,000 a year by closing at eight o’clock. As to the question of caring for em ployees, his own appeared to be very well satisfied. He had not, however, found the plan of providing amusements for them as successful as Mr. Metzler seemed to think it. His employees, as a rule, pre ferred to do that for themselves. He hoped that Mr. Metzler would no longer hold the opinion that the association was hos tile to him, for such was not the case. “We have now got Jersey City custom ers educated up to trading before eight o’clock p. m.,” he said, “and I hope to see the closing hour seven o’clock p. m. Some merchants become backsliders, but they injure themselves by so doing and they lose after a while. In an appeal to the public to not deal with any one who keeps open after eight o’clock is our only hope. I do not believe that this is a boycott be cause it points to no particular individ ual.” AIMS OF THE LABOR UNIONS. Merchant Wessels said he would like to hear from the Labor Union delegates, and the chairman of that committee replied that he would like to make known the names of the firms who refused to Bign the appeal This President Hawes re fused to permit, because many merchants who had been sought had not been found, bnt they would be visited during the week. The delegate then said that the union is working for nine hours a day, but that about thirty bosses had refused thus far to join them. “We have promised the Clerks that we will not purchase anything from any store that does not close at eight p. m.” he said. Mr. Lawrence, who has bought out Perl mutter’s hat business declared that he sympathized with the movement, Richard Allen, labor candidate for Sheriff last fall also endorsed the movement. Mr. Wessels then said he believed Mr. Metzler would join the association, and proposed his name for membership. He was elected and accepted the honor. llain by Wednesday Night. Washington, May 7,1889.—(Special pre uivliuu.; -f*. ow**** V* ~—- - n-— central of Dakota. The conditions are favorable for severe local storms in the States bordering on the Mississippi River, and in the lake regions and the Ohio Val i’he rain area will probably extend over the lake regions tonight, and reach the North Atlantic Coast by Wednesday indications for twenty-four hours. For Eastern New York and New Jersey, fair; southerly winds: slightly warmer. For Western New York:—Fair; south erly winds; stationary temperature. Hartnett’s Record. .701 At ..