Q. It was on the south-west side of Oliver street? A. — I think that is the situation of it. Q.-State any other instances that were brought under your observation. A. At T Wharf, and the Emma L. Rich, also the Lucy Keeler, and the Emma A. Higgins. They laid at the Eastern Packet pier. Then there was the schooner Twilight, the schooner Nightingale, the Brig Constance, and the schooner Rose Skerritt. The Twilight and Constance laid at Long Wharf. The others alternated between T Wharf and the Eastern Packet Pier. The Twilight and Nightingale laid on the north side of Long Wharf, and the brig Constance and the Rose Skerritt on the south side of T Wharf. Q. You say those vessels were ballasting with Fort Hill earth? A. Yes, sir, in every instance there were teams that I saw come from Fort Hill, and go there. I followed them up from the wharf to Fort Hill. There was one load in each instance. I followed the team, and I saw it load at Fort Hill, and come down and deposit it on the wharf. Q. Were all those loads, where you followed the teams, taken from the same place on Fort Hill, or different places? A. All those I followed were taken from Fort Hill in pretty much the same place, the same side of Oliver street. A. Q. When was this? This was up to the middle of February. Anything after the middle of February? A. —- February 7th,— March 4th was the last. Q. — Have you got the dates when these vessels were ballasted there, in your pocket? A. Just as I put them down at that time. Q. A. What are the dates? - December 24, Finback, and Mary Steel, those were in the same week. Up to January 20th there were three, the Emma L. Rich, and the Lucy J. Keeler, and the Twilight, about one hundred tons each. A load is supposed to contain a ton. Q. Do you mean to say that one of those loads of dirt weighs a ton? A. That is what they estimate; that earth was very solid. There were other vessels, that also took it from different places ; but I didn't follow them, and I could not therefore testify in regard to them. TESTIMONY OF EBENEZER THOMAS. Q. (By MR. PERKINS.) You are a police officer of the Eighth Station? A. Yes, sir. Q. How long have you been on that station? A. - Seven years the 9th day of last May. Q. State what you have seen during the last year, in reference to the taking of Fort-Hill dirt, and putting it on board schooners, on your beat. A. - My beat now is all over the district; it was at that time in January, on India Wharf, and Central Wharf. Q.—Tell what was brought to your notice. A. The 19th day of January I noticed a number of teams drawing some gravel down the wharf, some down T Wharf, some down Eastern Packet Wharf, and some down Commercial Wharf. I noticed them go down a number of times, and some would go up around, having come up on Commercial street. I thought it looked kind of suspicious for the teams to go up Commercial Wharf, and sometimes turn up Eastern Packet Pier; and on the 20th day I called Mr. Magee's attention to it. He said he had been looking at it. I asked whose teams they were, and he said he supposed they must be Hayes's teams. I asked one of the young boys whose teams they were, and he said Mr. Hayes's. That was one of the drivers, who was a boy. I followed him from there on to the dump, saw him load, followed him back, and saw him go on to T Wharf. Q. Where were they loading? A.-Up on Fort Hill, way up next to Pearl and High streets. Q. On the south side of Oliver street? A. Yes, sir. He dumped his load, and then went back again. I saw them a number of days; I saw them on the twenty-first day. Q.Have you got a memorandum of this? A. paper. I had one, but, through mistake, I tore it up, or lost the Q. Do you know the names of any of the schooners you saw ballasting? A. The Lucy J. Keeler, the Emma Rich, and the Mary Higgins. That is all the ones I had the names of. Q.—These were what dates ? A. The 19th, 20th, and 21st of January. Q. All the loads that you saw taken were taken from that place by Pearl street on the south side of Oliver street? A. Yes, sir. Q. A. How many times did you follow the carts? I never followed them but once; that one time. I asked him whose team it was, and he said Mr. Hayes. I asked him if he was driver, and he said he was. I followed him up, and saw him load up, and then down on to the wharf again, and dump after he had got back. Q.-Down at this schooner? A. Q. A. Yes, sir. How came you to mistrust? I had seen the same teams drawing dirt, and dumping it on the dump. Q. The dump was then between Commercial street and Atlan tic avenue. A. Yes, sir. And I thought it looked suspicious to see the same teams drawing it on to the wharf and dumping it as ballast. That is what made me think it was wrong. A. Right in back of Commerce street, and Atlantic avenue; right in the jog there at the junction, where they first commenced. Q. Did you question any more teamsters? A. — I did not, sir; only this one. Q. TESTIMONY OF EDWARD S. HAMLIN. A (By MR. PERKINS.) You are a member of the firm of Bosworth & Hamlin, coal dealers? A Q. Yes, sir. Have you a dock at East street? A. - Yes, sir; opposite East street on Federal street. Q. Have you within the last year made any contract for filling that dock? A. filled up. Q. A. I had about one hundred and twenty-five feet of it, I think, Who did you make the contract with, to fill that? I went to see Mr. Souther, and he sent a man by the name A. Yes, sir, he came to me and told me Mr. Souther sent him there, and whatever he agreed would be all right. He agreed to fill up the dock at a dollar and a half a square. A. Well, they agreed to do it in about three weeks; I should think they were about three months at it. March or the first of April they commenced, Either the last of it was early in the spring, and they didn't finish it until about the middle of May. Q. Did they finish the whole of it? A. Yes, sir. There was to be some ashes put on top. This clay that comes from Fort Hill would not do to fill the whole up with. Q. — He did fill the whole, and he was to have a dollar and a half a square, and put this ashes on top? A. — He filled nearly up to the top with clay; there was about a foot of ashes on top. Q. Have you any reason to think the clay came from any particular place? A. Horgan told me it was to come from Fort Hill. Q.-You first went to Mr. Souther? A. Yes, sir. Mr. Horgan said he came by Mr. Souther's directions. He came there and wanted to contract for the filling. He said Mr. Souther had sent him there, and whatever he done would be all right with Mr. Souther. Q. What did you say when you went to see Mr. Souther? Q. Who did you communicate with? A.—I supposed it was his clerk; it was at his South Boston office. Q. At the Boston Wharf? A. — Yes, sir. Q.-You told his clerk you wanted to make a contract for filling your dock? A. —Yes, sir. Q. The result was, Mr. Horgan was sent to you? A. Yes, sir. Q. A. Q. A. Q. And he said he came by the direction of Mr. Souther? Whom did you pay? I paid Horgan. Do you mean a dollar and a half a square, or a dollar and a half a yard? A. - A dollar and a half a square. Here is the receipt. |