A. In no other place. You refer to the poll-tax payers? Q. But for poll taxes you assess them where they reside? A. Yes, sir, for poll taxes in the ward where they reside. Our assessments are by wards. We send the assistants out to take the districts, or parts of wards, and assess a person in his place of residence. Q. Who was the first assistant assessor in that part of the ward? A. Mr. Horace Loring. Q. That part of Ward 5 is now in what ward? A. Hayward place, I think, is a part of new Ward 10. Q. What is the custom in your office, where parties are not assessed in the places where they reside, and come to your office to get assessed? What course do you pursue? Do you take their word as a matter of course? A. No, sir; we take their oath. Q. That they reside in a certain place? A. In the blank form with which we provide them, they are obliged to swear that they resided in a certain place upon the first day of May, and the length of time that they resided there previous to that date, and where they reside at the time they appear before us for the purpose of assessment. Q. You don't know whether Mr. Shaw was assessed at the place where it appears, by your book, his residence is, or whether he came to the office? A. Yes, sir, I have not the slightest doubt he was assessed at No. 8 Hayward place, at the time the assessors were there. If the assessment was made after that, it would show an interlineation. Q. Have you got the book of 1874 ? A. No, sir. He was assessed as an inhabitant of Ward 5 in 1874. Q. You don't know whether it was at the United States Hotel, or this place. A. That I don't know without inspecting the book. Q. (By the CHAIRMAN.) What year was this you referred to, when he was assessed in Hayward place? A. On the first day of May, 1875. CROSS-EXAMINATION. Q. (By Mr. DEAN.) He was assessed in Ward 5, — I understand that you assess by wards. The obtaining of the residence is an incident, isn't it? A. We assess by wards, and the obtaining of the residence is more than an incident. It serves to identify a man; it shows the place where his bill is to be delivered. Q. That is a matter of convenience. The assistant assessors are confined by ward lines? A. Yes, sir. Q. And you assess by wards, and, then, for your convenience, for the purpose of collecting the taxes, to know where a party is, you also ascertain where he can be found. He was assessed in Ward 5 for how many years before? A. I can't answer definitely; but for many, Q. Did you ever know of his being assessed anywhere else than Ward 5? A. Not since Ward 5 was created in 1856. Q. So that, as far as your knowledge and the records of your department go, Mr. Shaw has been assessed as a resident of Ward 5 from the time of its tablishment down to the present? A. That is my recollection, sir, of our records. Mr. FITZGERALD. I have a witness here who is very anxious to go, and I shall call him out of the ordinary course that I have marked. George Z. ADAMS. Q. (By Mr. FITZGERALD.) You are a member of the Suffolk bar? A. Yes, sir. Q. And you reside in the Dorchester District? A. Yes, sir; that is, at Grove Hall. Q. You know Mr. Shaw? A. I do. Q. How long have you known him? A. A year or more — something more. Q. You live in Dorchester? A. I live in the part called Grove Hall, which is near the Dorchester line and is a part of Roxbury. Q. Have you seen Mr. Shaw out there? A. Frequently. Q. State at what time. Had any conversation with him? A. During the last summer and fall, and the early part of the present winter, I have seen Mr. Shaw in the horse-cars, and travelled over the road from Boston to Grove Hall with him in the cars, perhaps on an average, night and morning, of once in ten days or two weeks. He got out at the end of the route, at Grove Hall, where I did. Q. Did he get in there, in the morning? A. He would get in in the morning. Q. Ever had any conversation with him about where he lived? A. Rather slight. I remember on one occasion, some time in the summer the date I cannot fix very definitely — of talking about the Cochituate water, and he said in words about as follows: Where I live we have not the Cochituate water, and, as our well is dry, I have to go down the hill quite a little distance to get water, which is a great inconvenience; and he spoke on the subject as though no one knew the value of water until deprived of it, using about the words which I have. Q. Do you know any place he referred to? Mr. DEAN. What he said will be well enough to give. WITNESS. From what he said, it was a place on Wales street, about a quarter of a mile from where I live. Q. (By Mr. FITZGERALD.) Acquainted much in Dorchester? A. Somewhat; considerable in that neighborhood. Q. Tell whether or no it is a matter of notoriety that he is a resident of and resides in Dorchester? Mr. DEAN. Stop a moment. competent. The CHAIRMAN. (To the Chairman.) I ask whether that is Will you state that question again, Mr. Fitzgerald? Mr. FITZGerald. State whether or not it is a matter of notoriety that he resides in Wales street, Ward 16? The CHAIRMAN. The chair would rule that he must state what he knows himself, personally, as a witness, and not what he might have heard. Mr. FITZGERALD. That is exactly what we want to find out. The CHAIRMAN. A person might be ever so notorious, but the witness might not know of it. Mr. FITZGERALD. — Do I understand the committee to rule that this matter of common talk and conversation in a neighborhood, showing where he is supposed to reside, is inadmissible here, as tending to prove that he has a residence in that place? I know that it has been the custom to admit it here. At the hearing three years ago that question was admitted both on the one side and on the other. The CHAIRMAN. The chair would state that this gentleman is before the committee as a witness, a sworn witness, and he testifies to what he knows personally, and to nothing else, except it may be received what common report may say. He is to state what he knows himself. He is a sworn witness and must so testify in accordance therewith—what he knows personally. Mr. FITZGERALD. — I know it has been admitted in a case tried here before, in which Mr. Shaw's seat was contested what the people say generally of him as to where he resides. Where does the chairman, Mr. Devereux, reside? He resides in the Charlestown District. It is a matter of common notoriety, as tending to prove, not conclusively, but as tending in the direction at which we are aiming, to show that Mr. Shaw is a resident of Dorchester and not Hayward place. The CHAIRMAN. The committee will be ready to take this hearsay evidence for what it is worth. Mr. DEAN. I object, because it is clearly incompetent, because it is nothing but hearsay. If it is because a number have told him so, then it is hearsay from a good many people; and if it is because a good many say so, it is still hearsay. The fact of notoriety is incompetent. You don't want a dozen witnesses to testify to notoriety, if one witness can say it is notorious. The CHAIRMAN. -The chair would consider it to be incompetent for a witness to say what he might not know. Mr. FITZGERALD. If this were a trial of law it might not be admissible; but this is more in the nature of an investigation, and the strict rules of a trial of law are not applicable here. The CHAIRMAN. -The evidence has already come in that it was notorious. The committee have heard that. I presume they might have heard that from a thousand other sources that Mr. Shaw did not live in the ward which he represented. The committee might take that for what it is worth. Mr. FITZGERALD. If the committee were willing to accept what they hear outside of this hearing, that Mr. Shaw did not live in Ward 5, then I would introduce nothing more, but rest the case with the committee. The CHAIRMAN. - But the chair intended to have impressed this fact upon the gentleman; that what may be said don't amount to that [snapping his fingers] as evidence; but the question is what that evidence knows as bearing upon that question. The fact has reached the committee that it was notorious that he did live out there. They must take that upon its merits as a matter of notoriety and nothing more. Mr. FITZGERALD. That is all I would ask of them in connection with that matter, if they are willing to admit that portion of it. Mr. DEAN. —No, no; the committee don't admit him to tell what is notorious. Mr. FITZGERALD. The CHAIRMAN. Do I so understand? The chair rules that such a report is undoubtedly bruited around that such is the condition of things; but it isn't necessary for the committee to take it as a fact. Mr. FITZGERALD. I didn't mean that; I mean merely an opinion. Mr. DEAN. I understand the chairman to rule it out. The CHAIRMAN. The chair would rule it out as incompetent at this stage of the proceedings. Q. (By Mr. FITZGERALD.) You say, Mr. Adams, you saw him in the latter part of the summer, and the early part of the winter? A. I think through the summer and fall, until within six weeks. I haven't seen him within a month, I think. Q. (By the CHAIRMAN.) You refer to the last past six weeks? A. Yes, sir. I have not seen him out there for a month or six weeks. Mr. FITZGERALD. Mr. Dean, he is your witness. Mr. DEAN. - That is all; I don't care to ask him anything. Q. (By the CHAIRMAN.) Do you know from your own personal knowledge that Mr. Shaw lived out there? A. I can hardly say that I do. I have never seen him go into his house. I don't know each particular house on the street. Q. You do know where it was said he lived out there, or alleged that he lived out there, but don't know from your own personal knowledge? A. No, sir;- I don't know in which particular house. DANIEL J. ATWOOD. Q. (By Mr. FITZGERALD.) — You are proprietor of Nos. 7 and 8 Hayward place? . That Mr. Shaw was assessed at No. 8 Hayward place, as residing there? Q. State how long Mr. Shaw did reside in that place, about the first of May. A. Mr. Shaw came to No. 8 Hayward place on the last day of April, 1874, and signified his intention to make it his residence there. He signed the register of the hotel, as all persons do who engage rooms there, and he took a room, and among his effects was a small portmanteau. My brother-in-law, who is a witness in this case, can tell more about that than myself, as Mr. Shaw had the conversation with him, and, as a rule, Mr. Chase had charge of the house, and about the times that Mr. Shaw was there will be able to state better than my self. Q. How long did he stay there, so far as you know? A. I know that Mr. Shaw stayed several nights there. Q. After the first of May last? A. I am speaking of 1874. Q. I now refer you to 1875. A. On the last day of April, 1875, Mr. Shaw came to the Hayward House and registered his name, and was assigned his room, and said he proposed to make it his residence there, as he had before. Q. Was there any understanding between you and him as to what kind of a residence it would be? A. Well, I don't know what inference might be drawn, but that was what Mr. Shaw said. Q. As a matter of fact, how long did he stay there? A. One night. Q. Did he pay for his room? A. Yes, sir. Q. And hasn't been there since? A. Not to stay there. He has called occasionally to see if any communications were left there for him. Q. What constituted his luggage when he went there on the first day of April? A. It was a portmanteau. Q. Did he take it off next morning? A. No, sir; I think it remained there for an indefinite time in 1874. In 1875 on the last day of April when he came there, I am not aware he had any luggage. Q. And has been there off and on for communications which might have been directed to him? A. Yes, sir. Q. You know the asssessor, Mr. Loring, don't you? A. No, sir; I remember distinctly that I wasn't in when the assessor came there. My wife gives him the names of the parties in the house, and also of the property in the house. Q. State whether or not Mr. Shaw told you that if the assessors came there you were to give them his name. A. I think he did, and yet I have not a distinct recollection. It is simply an impression that if inquiry should be made if he resided there, to state that he did. Q. And he slept there one night and had no bag or baggage at all. A. That was the case in 1875. CROSS-EXAMINATION. Q. (By Mr. DEAN.) As I understand, this portmanteau still remains there? A. I couldn't say. It remained there a long time. I haven't seen anything of it for some time.. I know it isn't in the room that it was in originally. Q. Mr. Shaw told you he intended to have that as his residence, and wished to have it as his domicile? A. Yes, sir. Q. And requested you to tell any one who inquired about it, that that was his domicile? A. Yes, sir. Q. And your wife, in accordance therewith, gave his name to the assessor to be assessed as residing there? A. I could not say what my wife did tell him. Q. And in 1874 he stayed a number of nights? A. Yes, sir. Q. And since then he has called, more or less frequently, to see if anything was there for him? A. Well, along away in the first of the season, he called occasionally; but of late his calls have been quite infrequently RE-DIRECT EXAMINATION. Q. (By Mr. FITZGERALD.) As a matter of fact, did Mr. Shaw pay for anything except that night's lodging? Was there any room, or has there been any room, assigned to him, except for this once, when he slept there? A. Not in 1875. Not since the first of May, 1875. The CHAIRMAN. again? - I didn't hear that question. Will Mr. Fitzgerald ask it Mr. FITZGERALD. - Did Mr. Shaw sleep in any room any number of nights, except that first night of the 30th of April? Was any other room assigned to him? Did he pay anything, except one or two dollars which he paid you for that room? Or did you consider him a lodger in that place? A. Well, he had no permanent room engaged. He hasn't been in the house, to have a room assigned him, since the last day of April, 1875. Q. He has paid nothing? A. He has not. Q. You have no bill against him? A. I have not. Q. Wasn't it understood, Mr. Atwood, that this was for political purposes that he should be understood as living there? Mr. DEAN. Oh, no. The CHAIRMAN. The committee cannot receive that which was supposed. We want to know what took place. We are not to suppose anything. Mr. DEAN. I think he has a right to do it for political, or any other, purposes. Mr. FITZGERALD. I don't want to pursue it any further. Q. [By Mr. MAY.] Since May, 1874, between that and the 30th of April, 1875, was he not at your house at all? A. Although I don't have entire charge of the house, I know that Mr. Shaw lodged there several nights after the first of May, 1874. Q. Very well. My question is now, whether after the first of May, 1874, and prior to the 30th of April, 1875, he was not at your house? A. I have an impression that he was there in the fall. Q. When was that? A. If my memory serves me right, it was after the nights commenced to be cool and comfortable for one to sleep after the heat of the summer. is my impression. My register would show what nights he was there. Q. Then, whenever he came he registered his name? A. Yes, sir. Q. That will apply to every night he stayed there? This |