Q. Hill? A. Q. Hill? A. When did Horgan tell you that was to come from Fort He told me at the time he made the contract. - Did he tell you afterwards that it had come from Fort Yes, sir. There was some little of it came from Tremont street where Dr. Dix is building; a small portion, but very little of it. Q. — Then after he had furnished the earth or a considerable portion of it, he told you that the earth did come from Fort Hill with the exception of a very small portion? A. — Yes, sir. We knew, of course, what did come from there, because it was a different earth from that that came from Tremont street. Q. I suppose there is no doubt Mr. Horgan wrote that receipt himself? A. — I saw him sign it. Q. What led you to suppose that you had a contract with Mr. Souther? A.—I saw by the papers that he had the contract on the hill, sir, and I went to him for that purpose. I knew nothing about how it was done. I saw he had the contract. Q. Have you ever had any conversation with Mr. Souther about filling that dock? A. No, sir; I never had any at all. Q. A. Has there been anything said to you recently about it? No, sir. Adjourned to Friday, October 6, 1871. FOURTH HEARING, OCTOBER 6, 1871. TESTIMONY OF MICHAEL HORGAN. Q. (By MR. PERKINS.) What is your name? Q. Who were you working for during the early months of this year? A. In January I think I was at work for Mr. Souther. My book would tell better. Q.-Don't be particular about the months; state the persons for whom you worked during the early part of the year. A. — Mr. Souther. I think I worked for him until I got other contracts. Q. What contracts? I took a contract for digging a cellar on the corner of Van Rensselaer place and Tremont street; a cellar for Dr. Dix. - When was that? Q. A. Q. Some time in March. You were not employed after that by Mr. Souther? A.—I was. Q. - How were you employed after that? A.-I was employed by him teaming earth from Oliver street loaded by the steam shovel. Q.-You furnished the teams and carted it away? A. — That was the understanding. I was to furnish the teams, and he pay the bills once in two weeks. A. —No other place; that is where the teams were ordered to go with the earth. Q. This began in March, you say, this Suffolk-street work? A. — Oh, the Suffolk-street work; I was on that along the fore part of the year, January and February. We knocked off when snow storms came, and I was employed by the city to take some of the snow off. Q. Were there any other places than the Suffolk-street territory to which you were to cart dirt for Mr. Souther? Q. What was your employment under Mr. Souther during the months of January and February, that you have spoken of? A.-I won't say whether it was January or in February. I made an agreement with Mr. Souther this way, a verbal one. I have it written not signed, that I was to furnish the teams to cart the earth and keep the steam shovel a-going, and send the earth to the Suffolk-street District, keep the teams a-going there, and I was to get $6 per square; and he was to pay the bills once in two weeks. The teams had to carry so many loads a day from Fort Hill to the Suffolk-street District for a day's work. The particular months I could not tell. Q. What I asked you was, whether there were any other places besides the Suffolk-street territory to which you were to take the earth while you had a contract from Mr. Souther, or were in Mr. Souther's employ? A.-There was an understanding in this way. Men came along there that had some teams. Q. While you were at work for Mr. Souther, were there any other places you were to take earth than the Suffolk-street District? A. Not at all. These teams that were loaded with the steamshovel, I mean this work that I had charge of, that earth was to go to the Suffolk-street District. Q. You were not employed by Mr. Souther when he had the Atlantic avenue contract? A. - Yes, sir; I was. Q. How were you employed by him then? You had no teams under you at all? A. No, sir; not at all. Q.—The only contract you have had under Mr. Souther to haul earth has been to take it from Fort Hill to the Suffolk-street District? A year A. Yes, sir; that is true; the fore part of this year. ago last June some time he worked on Atlantic avenue; and I worked under Mr. Souther in filling that. Q. That was in 1870? A. Yes, sir. Q. But in 1871 the only place to which you were to take earth from Fort Hill was to the Suffolk-street District? A. While I was at work for Mr. Souther. Q. Have you, while not at work for Mr. Souther, had any con tract, or any occupation in taking earth from Fort Hill to any other place? A. Q. A. I have, sir; from Sturgis place. What contract was that? A cellar I dug there, and a pile of earth in Sturgis street. I had so many teams there at work, I could not keep them all at work, so I went down in Sturgis place and took this earth. A. It was in the winter, along about November, somewheres thereabouts. Q. It was before you began to take the earth to the Suffolkstreet District? A. No, sir; I began taking the earth to the Suffolk-street territory for Mr. Souther, from the sides of Oliver street, clearing off the sides of Oliver street. Q.-You say the only place from which you were employed to take earth to any other place than the Suffolk-street territory during this year, was from a cellar in Sturgis place? A.-This year? Q.-Yes, sir. A.—I said before I had two cellars. Q.-State all the places from which you were engaged in taking earth. A. - Sturgis place, and also Pearl place. Those were merely outside. I used to hire to work for so much, and if I could make anything between meal hours I did it. I attended to my work the same. Q.-Then the only places, you say, from which you were employed to take any earth to any place than the Suffolk-street District, were from cellars in Oliver street, and cellars in Pearl place? A. That is from Fort Hill? Q.-Yes, sir. A.—I have been in Fort Hill long ago. Q. Where were you employed to take this earth to from the cellars on Fort Hill? A. - Anywhere I had a mind to. Q. A. You were employed by the persons who owned the cellars? - Yes, sir; who wanted to get rid of the dirt. Three or four loads in the street, or anything in that way. Q. You contracted with them to remove the earth? Q. A. -Who were the persons? saw him. Q. A. I don't remember the names; I should know the man if I Which place is this? Oliver street was the first place he commenced carrying dirt from to the Suffolk-street District, that is, when I went to work for him. Q. You say that Sturgis place and Pearl place were the places you took earth from that was not carried to the Suffolk-street territory? A. Some went for ballast, some went over to Boston Wharf; some went - no, none of it went to Hamlin's Wharf; some of it went to different places. Q. None of the earth from Sturgis place and Pearl place went to Hamlin's Wharf? A. Q. - None at all; it went to Boston Wharf for ballast. A. I could not tell. They would come round and inquire for ballast every day, and the captains of vessels would give thirty or forty cents a ton. They would come round and ask if I had any ballast to sell; I would say yes, sir, and they would give thirtyfive cents a ton may be, or fifty cents a ton all put on board. Q. You took earth for Boston Wharf from these cellars for filling Boston Wharf? A. Yes, sir; also from other cellars. Q. State all the cellars from which you took earth. A. Q. Some from Van Rensselaer place. I mean from cellars at Fort Hill. A. — No more from cellars at Fort Hill. There was a big pile |