should not have done it before he made his measurements, that I might have got some benefit out of it. Q. Did you think that Mr. McConnell was in any way interested in Mr. Hayes, by being so anxious to see his teams employed there? A. It seems so; one or two other things indicated it. Some stone were being taken away from my side of Oliver street; the north side. A man that owned a lot there had some stone in his cellar, and when we were digging where his cellar was, he came along and wanted to know if he could pull those stones out one side. I told him he could if it didn't give too much trouble; but if they were small stones, I should take and dump them right into the carts. McConnell came there one day when this man was getting them together, and asked him what he was doing. He told him that they were his stone, that I had hauled out of the cellar for him; that he had asked me to. McConnell told him they wasn't mine nor his; that he would see Mr. Hayes and have him come right over and take them away. He said they were none of mine or his, and he would let him know so. He showed a good deal of feeling; went over and saw Hayes, and afterwards came back, and said he would let them go. That was one thing that people standing round there seemed to think showed some favor to Mr. Hayes. Q.-Did Mr. McConnell seem to feel much interest in Bonner and Sutherland? A.—I don't know. I have seen him with Bonner talking a great deal since this transaction. Q. A. Where was Bonner at work? - Mr. Bonner was over back of those buildings, between the hill and the buildings on Pearl street. Q. A. Yes, sir; I knew Mr. Bonner, had a bowing acquaintance; but Mr. Sutherland I did'nt know at first, till somebody told me he was Mr. Bonner's partner. I didn't know him for some time after he came there. I thought he was employed as foreman. Q. Do you know Mr. Bonner from Mr. Sutherland? Was Mr. Bonner there much of the time when this work was going on? A. — I don't think I saw him many times. The times I think I have seen him were when he was talking with Mr. McConnell. Q. About what time was this? A.—I think this was a month ago. I know it was a month ago. I have very lately sub-contracted to a man by the name of Fitzgerald, in back of Pearl street, to cart to the Suffolk-street District; and it was at that time that Mr. McConnell was there taking measurements. I requested him to be particular in taking his measurements then, as I had been employing carts by the day, and I was going to sub-contract it to Mr. Fitzgerald. Q. The time that you saw Mr. Bonner there was when? A. — About a month ago. Q. Then he had no teams there at that time? A. -No teams there. Q. Was he there when his teams were there? A. — I didn't see him there a great deal. I don't think I saw him but a very few times. Q.—Mr. Sutherland stayed there all the time? A. man. Q. Yes, sir; he stayed there all the time, and acted as fore Whose teams did you have employed when you found you were paying for more dirt than the city was paying you for? A. - Everybody's teams. Q.Hayes's teams. A. No, sir; Horgan hired the teams of everybody; I would not know one from the other. We have got the book that has the names of all that we employed. Q. TESTIMONY OF FREEMAN M. DYER. (By MR. PERKINS.) Are you the owner or agent of a line of schooners? A. Yes, sir. Q.-Fishing schooners, and oyster schooners? A. — Yes, sir. Q. A. Q. You have occasion to buy ballast for those schooners? Will you please state the names of the schooners of which you are owner or agent? A. - Frank Atwood, N. B. Dyer, Finback, N. B. Hawes, Freddy Alton, Emma L. Rich, Bertie Prince, Mary Steel, Alice, Eunice Rich, E. F. Lewis. Q. A. Q. You were the agent for getting these vessels ballasted? During the months of last winter who did you purchase the ballast from for those vessels? A. - From Mr. Martin Hayes. Q. A. - Was he the only person? I never had any engagement with any other. Bonner sent over half-a-dozen loads to my vessel through mistake. Q. What time was that? A.—This last spring, either March or April; probably in March. Q. How many loads did you buy of Mr. Hayes for those vessels? A.- Well, I don't know. Q.I mean last winter. A.—I never had it put down how many loads we had. Q. A. How many loads does it take to ballast a vessel? -The Freddy Alton took one hundred loads; the Mary Dyer about one hundred loads. Q.—Each of those vessels ballasted how many times during the winter? A. Some of them four, some three. Q.-It took on the average from seventy-five to one hundred loads to a vessel? A. Q. Yes, sir. What was the total sum you paid Mr. Hayes for ballast ing these vessels ? A. — $1,169. Q. You have his receipt for the money? A. — Yes, sir. Q. Have you any idea where that ballast came from? A. No, sir; I might guess about it; but so far as knowing, I don't know. Q. When does the ballasting season close? A. Along in April. I guess the first part of April, probably. We didn't have any ballast after that. Q. It began in November? A. — Yes, sir; in November. Q. This was all the money you paid Mr. Hayes for ballasting from November to April? A.-Last winter; yes, sir. Q. A. What do you pay a load? TESTIMONY OF JAMES MAGEE. Q. (By MR. PERKINS.) You are a police officer of the Eighth Station, harbor police? A.-T Wharf, Long Wharf, and Central Wharf, up to the end of the market. Q. It was the same through last winter was it? A. — Yes, sir. Q. Will you state what you have seen in the way of ballasting schooners with Fort-Hill dirt? A. My attention was first attracted about last Christmas by an occurrence that took place on T Wharf. It was about December 24th, the wharfinger called my attention to the fact that there were a large number of dump carts on the wharf, and that they blocked up the thoroughfare so that no other teams could pass. He asked me to help him drive them back so that the other teams could get by, and I done so. I asked a man driving a team where the dirt came from, and he told me it came from Fort Hill. This was one of the drivers of the teams. I then went to the schooner, and found it was the schooner Mary Steele, in the oyster trade, lying at the north side of the wharf, and men were shovelling the dirt on board. I asked them where the dirt came from, and they told me it came from Fort Hill. After I had talked with them some little time, I asked what they got for it, and they said thirty-five cents a load, and ten cents for shovelling it in ; making for hauling it to the vessel, and putting it in, forty-five cents a load all together. There was quite a collection of teams, perhaps there might have been at that time thirty loads on the wharf. The men could not shovel it in fast enough, and the men with the teams began to grumble about having to wait so long for their turn to come to unload. Perhaps ten or fifteen minutes after a young man came on the wharf and ordered them to the dump. He singled out particular ones, say alternate ones from the row, and ordered them to go to the dump. That somewhat excited my curiosity, and I followed the teams. I saw perhaps fifteen of those thirty that were standing on the wharf turn round and go up and unload in the dump that was being filled by Mr. Hayes. Q. Where was that dump? Between Commerce street and Clinton street, at the end of Nickerson's fish-store. Q. Between Atlantic avenue and Commercial street? Yes, sir; the opening was between Commerce street and City Wharf. They came in from the City-Wharf side, and also from the Commerce-street side at this particular time. They deposited it on the Commerce-street side. Q. A. What did the other teams do? They unloaded at the vessels, and it was shovelled aboard. That day they took sixty-four loads which they shovelled into the schooners, and could not get any more, Dyer told me. The following Monday, ich was Christmas, I believe they took for ballasting eighty-six loads. Q. Did you learn whose teams those were? A. — The teams were all in the employ of Mr. Hayes, and it came from Fort Hill. I followed the teams, and saw them loaded there and drove down. Q. Q. What side of Fort Hill was it taken from? The further side, the big opening. The south-west side? A. — The south-west side. Q. A. high. On what street? They had an opening cut from Oliver street; it was quite |