of earth there; in my judgment, I guess three or four hundred loads. Then the snow-storms came along. I am not very good on memory. Q. Then you say you didn't take any earth to Hamlin's Wharf at that time; at what time did you take earth there? A. — At the time I made the contract for Hamlin's Wharf; I think it was along in March it stirred up. I was at work then on the hill. A man named Smith came over to me from the other side, and told me he knew a dock that wanted to be filled in; at that time Mr. Souther was expecting to have the whole excavation of the whole hill. I entered into an agreement with Mr. Souther, that if he got the whole hill, that I should like that side running from Purchase street; that I thought he would conclude to cart it, and I could furnish teams enough to get the earth all out. Q. A. Running from Purchase street, you say? Running from Oliver street towards Broad. Q. - Between Oliver, Purchase, and Broad streets, that part? A. — On the Sailors' Home side, — I was digging that. At that time he thought everything was perfected, because along in the week he told me, said he, "Horgan, I want you to give your whole attention to it." I told him I would. He said I had better send for John Randall; and John was sent for and relieved me. I stayed there Monday for him, and on Tuesday morning he relieved me. Tuesday morning I started off, and went round. Different parties made calculations, and finally came to hear the job was gone up. A. — His excavation of Fort Hill on the first contract. He would not give the bond. Q.-Mr. Souther? A. — Mr. Souther. That is hearsay; that is all I know about it. I estimated on Mr. Hamlin's Wharf against quite a number, Mr. Doherty, Mr. Hayes, and Mr. Bonner, — I understood all three, and my figures happened to be the lowest that were carried in, and the offer was mine. I could not touch Fort Hill then; it was up, all squashed; so I took those cellars up there, and commenced running down there. I ran it down pretty swift, and they didn't have the bulk-head ready, so I had to turn some of it into South Boston, and some I sent down to the Back Bay, and sold it for loam. Q. You say that the earth you took to Hamlin's Wharf came from cellars on Pearl place? A. Not all of it. None of it came from Sturgis place and Pearl place. are those Q. Did you take it from cellars on Sturgis place, Pearl place, and Van Rensselaer place, on Tremont street, all the places you took it from? A. Not at all, sir. I took the earth from Leverett street, sir. I took it from a cellar in Avon place, and some of it I brought from Mr. Forristall. Q. Name the places again. A. Some from the cellar on the corner of Van Rensselaer place and Tremont street, some from the cellar of Dr. Dix, some from a cellar in Leverett street, some from a cellar in Avon place; the balance was city ashes. There was a good deal of rubbish thrown in there we didn't know anything about. We had to take down a couple of men one day to level it off. A great deal was thrown in. A. — April or May, I think. I could not tell the exact time. Q.-Then none of the earth you took to Mr. Hamlin's wharf came from any part of Fort Hill? A. Not to my knowledge. I could not tell where it came from. There was a good deal of stuff there I could not tell where it came from. Not to my knowledge. Q. You never told Mr. Hamlin that came from Fort Hill? A. 66 Yes, sir; I told him. This," said I, "must be FortHill dirt that is there. It looks very much like it." We could not say to the contrary. Q. A. Q. When did you say this to him? - I could not tell. After the filling had gone on some time? A. — No. As I told you he didn't have his bulk-head in, and we had to wait until he got his bulk-head in. Q. When was it you told Mr. Hamlin, as you have just now stated, that it must be Fort-Hill dirt you were filling in his dock with, because it looked like it? A. I never told him I was filling in his dock with Fort-Hill dirt. Q. I ask you whether you ever told Mr. Hamlin, that the earth his dock was being filled with was from Fort Hill? A. No, sir; I never told him so. I told him the dirt must come from there. A. On the wharf which we had to level off. Q. Had Mr. Hamlin contracted with any other person to fill in that wharf while you were at work there? A. No, sir; only with city ashes. How did it happen that you told Mr. Hamlin, that this dirt looked a good deal like Fort-Hill earth? A. Q. A. Q. Because it was so damned tough to level; it was all wet. How did it happen that it was there? A. It was there. I have seen Fort-Hill dirt all over the streets. Q. - How does it happen? A. - I knew it was Fort-Hill dirt. Q.-- How does it happen it was there? A.—The teams had a stint to carry to the Suffolk-street District, and they were ticketed to show how many loads they carried; and they run the dirt mostly anywhere to get rid of it, so they could get off all the way from three to four o'clock in the after noon. Q. You were stating the way it happened that the dock came to be filled up with Fort-Hill dirt. A. I could not tell the way it got filled up with Fort-Hill dirt; I was describing the mode of giving teams a start to carry from Oliver street to the Suffolk-street territory; seven loads a day. They would run against one another, and run off with the dirt just where they had a mind to; some one way, and some another. They came round with their tickets in the morning, all ticketed, or I suppose they had their tickets. That was their day's work; when they got seven loads out they went home. When they left the pit they were scratched one mark. A good deal of it went all over the county; some went to State's Prison I understand. Q.-You say you did tell Mr. Hamlin that that earth looked very much like Fort Hill earth? A. Yes, sir; it looked a good deal like it. Was that after the dock had been filled with Fort-Hill dirt, before you brought the ashes? A. That was begun, sir. Q. I ask you whether you discovered that some people unknown to you had been filling this dock with Fort-Hill dirt just about the time you came to put on the ashes, or whether it was earlier than that? A. — I discovered by a man I had there, a dumper, that a great many teams had been going in and out there that wanted to get rid of their dirt. Q. Who was it? They wanted to get rid of their loads of dirt; I could not tell whose teams they were. Q.They teamed their dirt to this dock of Mr. Hamlin's? A. — They wanted to get rid of their dirt, and they would throw it mostly anywheres. Q.-You say you don't know whether you discovered this through the man you had for dumper when the dock was pretty nearly filled, or some time before that. You don't know when you discovered it. How long did it take you to fill that with dirt, you and the persons who were stealing Fort-Hill dirt? A. — You, and the persons who were stealing Fort-Hill dirt? Q.-You had a contract, how long did it take to fill the dock from the time you first began? A. - I think from the time I first began, almost three months. Q.-You began when? Q. You can't remember when it was that some unauthorized persons were dumping Fort-Hill dirt there? A. - No. I could not tell that; I could not tell the dates. Q. How much filling had gone in there at the time you discovered this filling of Fort-Hill dirt? A.-I guess three-quarters of it was filled before I found it out. Q. Who drew your attention to the fact that Fort Hill dirt was being put in there? A. — There was some of it dumped in there along at the end of it when we came pretty near the bulk-head. Q. Who drew your attention to that fact? A. —No one in particular, any more than I noticed it there when I went down and looked at it. A. He said a great deal of dirt was coming from Summer street up in there. Q. A. Q. night? How often did you visit the place? Sometimes once a week; sometimes once a fortnight. You didn't go oftener than once a week, or once a fort A. — It might have been two or three times. I didn't keep any account of it. Q. You never discovered that Fort-Hill dirt was being put in there until it was pretty nearly filled? A. — About three-quarters filled, I think. Q. You never discovered before it was three-quarters filled that they were putting Fort-Hill dirt in there? A. - About three-quarters. Q.-Yet you had visited there, perhaps, two or three times a week for three months? A. Yes, sir. Q.-Was your attention called to it by any one else besides this dumper? Q. What conversation did you have with Mr. Hamlin on the subject? |