SIXTH HEARING, OCTOBER 20, 1871.

TESTIMONY OF R. K. ATWOOD.

Mr. Atwood appeared and presented to the committee the following memoranda of the number of loads of earth which he stated were furnished to him by Martin Hayes & Co., for the purpose of ballasting vessels:

On the back of the above statement was the following endorsement: "Statement of Hayes' ballast, Feb. 20, 1871."

Mr. Atwood also presented a bill with a printed heading.

[COPY.]

MESSRS. H. & R. ATWOOD,

BOSTON,

1871.

Bought of MARTIN HAYES & Co.,

Dealer in New and Second-hand Lumber of all descriptions;

Doors, Windows, and Blinds; Brick, Stone, Sand, Lime, Cement, &c., &c. Order Box 22 State Street.

Mr. Atwood stated that the earth charged in the last bill was furnished after settlement of the first bill, Feb. 23, 1871; and that the whole amount of earth charged in both papers was furnished to him by Mr. Hayes during the winter of 1870–71.

The amount of money paid to Hayes by him was $476.35 (on the first bill) +$171.50 (on the last bill) $647.85, with the usual discount of five per cent.

Q. (By the CHAIRMAN.) Do you know where this earth came from?

SEVENTH HEARING, FRIDAY, NOV. 10, 1871.

TESTIMONY OF WALTER F. McCONNELL.

Q.-(By MR. PERKINS.) You have been some years employed in the office of the City Engineer?

A. Yes, sir.

Q.-Since the beginning of the work of removing Fort Hill, have you been the engineer in charge?

A. Yes, sir.

Q. All the engineer's duties at the hill for the city have been performed by you?

A. Yes, sir.

Q.. What has been your custom in measuring the land on the hill; do you measure before the earth is taken away, and also after it?

A.

Q.

Yes, sir.

Is there any of Fort Hill that has not been measured at all by you?

A. Well, no, sir; not where there has been any work done; not but that has been measured at some time or other.

Q. The whole of Fort Hill has been measured by you?

A. — Yes, sir; that is, where there has been any work done; and there is hardly any place, but there has been some work done except on the edges. The estates that front on Pearl street, so far as they run, have not been affected.

Q.Is there any of the territory lying between Broad street, Purchase street, and Oliver street, that has not been measured by you?

A. Well, this part which abuts on Broad street has never been measured because the buildings have never been removed. There is no portion of it, that is not covered with buildings, that has not been measured.

Q. You say there is no portion of the territory between Purchase, Broad, and Oliver street, excepting what is now covered with buildings, but what has been measured by you?

Q.- Both before and after its removal?

A. Yes, sir. There are some buildings now on parts that have been measured; where the earth has been excavated, there have been new buildings put up.

Q.

Please indicate on the map where each contractor was at work, beginning about a year ago.

A. — A year ago Atlantic avenue was finished, and they began to fill the docks inside of Atlantic avenue.

A. Mr. Souther, Mr. Farren, and Mr. Hayes; that is, after the completion of Atlantic avenue.

Q.

A.

alley,"

Where were the different contractors at work?

- Mr. Souther was at what was formerly called, "Baker's now Hamilton street, — running west from Broad street

towards Oliver street. He did not cross Oliver street, but came to Oliver street. He worked between Washington square and Sturgis street, and some on the north side of Sturgis street. He went about to what is called the Bancroft estate, this large estate on Oliver street.

Q.

Where was Mr. Hayes working on his contract?

A. Mr. Hayes began by taking out the small corners that the machine could not get into. He dug in this Bancroft estate, and cut through Whittemore's, through Hamilton alley, and through this estate of the city on the corner. Then he began in Batterymarch street, and went up Hamilton street, until he met where the machine had come to working this way. He worked in a southerly direction to where the machine was at work, and he finished clearing off on this side everything that the machine could not get into. Then he afterwards worked on the west of Oliver street, between Sturgis street and Pearl place, including both of those. He dug Sturgis street and Pearl place to grade, and also removed the dirt under the houses on Pearl street. Those owners were all paid grade damages; the dirt from the cellars was thrown out by themselves, and he carried it away.

A. -- Yes, sir; that was included in the contract. After finishing all the small corners, he went on top of the hill, between High street and Purchase street, and took that off. Then he went on the bottom, between Purchase and Broad, and between Oliver street and the church on Quiet place.

Q.

Where was Mr. Farren's contract?

A.- Farren finished digging off the top, then he came in on the bottom, right under where he was previously at work, — at the intersection of Washington avenue and Purchase street, and dug out sufficient to complete his contract.

Q. All this earth that was removed by Mr. Hayes, and Mr. Souther, and Mr. Farren, was removed under their contracts with the city?

A. — Yes, sir.

Q.— Did you ever hear it stated that there was any considerable portion of the hill that was not measured, but was reserved to be used to ballast vessels with?

A.- No, sir.

Q. You never did?

A. No, sir.

Q. You never stated that to any one, that any part was so reserved?

A.

No, I never stated that any part was reserved. I have said that I have known of ballasting being done from parts that were not measured under certain contracts, certain existing con

tracts.

Q.-Parts that at that time had not been measured?

A. Yes, sir. But they had been measured at some time, in connection with some other contract.

Q. — Before?

A. — Before.

Q.

A.

How do you know they were measured?

Because I measured them myself. The first contract on Fort Hill was for the removal of the earth from Oliver street, to dig the whole street through. After that there wasn't much done for a year, but there was a great deal of ballasting done from the sides of the street. It was dug out very abrupt on the sides, and they took the earth where the sides run down.

Q.

How did you know this ballasting was being done? A.-Only by hearsay, when I was there.

Q.

How was it in 1869 and '70; did you hear any statement made that there was any ballasting being done with Fort-Hill dirt?

A. Not particularly; no special statement that I'know of. Q.-You say you did hear in 1868 and '9 of ballasting being done from the sides of Oliver street; did you hear of any ballasting? Did any rumors come to your ears that there was any ballasting being done in 1869 and 1870, from Fort Hill?

A.-I can't say as to that particularly. I might have heard that, or I might not. Something might have occurred; there always has been ballasting done ever since I was on the hill. Q. How do you know, by personal observation?