am not certain how much, on taking that side running from Oliver street to Broad street, and dispose of it as fast as I could, and carry it where I had a mind to. What conversation did you have with Mr. Hamlin when you first went to see him in regard to this dock? A. As I stated before, I expected the dirt would come from Fort Hill. Q. How did you first know he wanted his dock filled? A. The first information I had was from Mr. Smith. He was carrying dirt, and I was bossing the shovel at the time. He was carrying it by the square. A large man was giving out tickets, and finally I took it and run it myself. Q. Did you tell Mr. Hamlin, when you went to see him, that Mr. Souther sent you there? A. name. No, sir; not at all. I never mentioned Mr. Souther's Q. Did you say that Mr. Souther said that whatever agreement you made would be all right? A. No, sir; not at all. Q. — You never said it would be the same as if the agreement was made with Mr. Souther? A. No, sir; I signed it my own self, put the figures on a card, and left it there. Q. A. You never had any such conversation? - No, sir; I never mentioned his name. Q.-Did you know at any time, when you were carting dirt from Fort Hill, of any of it being carried to this dock, when you had agreed to carry it to the Suffolk-street District? After you had made the contract with Mr. Souther to carry this earth from Fort Hill to the Suffolk-street District, did you know of any of it, instead of going to the Suffolk-street territory, going to this dock? A. Not while I was on my work, and I was always on my work. Q. I didn't ask you whether you were on your work; I ask you whether you knew any of this dirt went to Mr. Hamlin's dock that you were directed to carry to Suffolk street. A. —No, sir; I never knew any of it to go there. Q. You said you didn't know that it went while you were on your work; did you know that it went while you were off your work? A.-No, sir. Q. — Did you know at that time who it was that was carrying dirt to Mr. Hamlin's wharf from Fort Hill? A. No, sir; I could not tell. I saw it there; that was all I knew about it. Q. time? Didn't you know who you had at work for you at that A. On the dock? Q.—Yes, sir. A. There was two men there; two different men, I believe, that used to work there. I don't remember their names, they didn't work there much. I went down there myself, and levelled considerable when I was not at work; when I was about getting through with the Leverett-street cellar. Q. What did you finish it up with? A. Q. City ashes. How much city ashes was there compared with the amount of earth put in? A. There was one hundred loads of city ashes; and a team is supposed to carry about a yard of earth. A good deal of rubbish came in, in job wagons. Q. A. Q. How much earth were you paid for? I was paid for one hundred and some odd squares. A. -The whole thing was measured, one hundred feet long, twenty-eight feet wide, and thirteen feet deep. Q. -- You can't tell how much ashes compared with the amount of earth you contracted to put on? A. How could I tell such a thing as that? Q. You furnished a certain amount of ashes, and a certain amount of earth? A. — It is impossible to answer such a question as that. How could I tell how much there was in there? Q. How many loads of earth did you put in there? A. We didn't keep an account of the loads of earth. I had to pay so much a load for the ashes. Q. You had to pay the drivers for so many trips? A. — I hired them there, and paid them for so many days' work. Q. How many trips did you pay for in a day's work? A. — I could not tell. Q. A. What is the general average? In those cellars, if you wanted a load of loam, or a load of gravel, I would send it to you, and send the teams down there when they had no other place to go to. Q. You don't know how many trips the men made? A. -- No, sir. Q.-- Have you any means of knowing how much earth you put in? A.—No, sir. As I said before, it was one hundred feet long, twenty-eight feet wide and thirteen feet deep. Q. What was the occasion of your getting through with Mr. Souther? A. I had no occasion to get through with him; it was my own fault to leave him. Q. It was your own fault? A. — Yes, sir. I never was discharged by Mr. Souther in his lifetime. Q.—The reason you left was because you could do better somewhere else? A. I got on my beer, as they call it; got sick, and could not attend to it. That is the whole sense of it. Q. There was no reason given why you were discharged? Q.-Didn't you expect to stay longer? A.—I would have stayed as long as wanted. When I went back there was another man employed. I stayed off some two or three weeks, and was sick. Q. A. place. What did he say to you when you went back? He said nothing more than there was another man in the He said he was sorry. I ought to have sent him word. Mr. Souther did. Q. What was the name of this man, Smith? A. — I think Charles O. Q. How much ashes were you to put on the top of the filling at Hamlin's wharf? A. There was no agreement on that. When I came to level off, came to finish up, the stuff was all scattered round. Q. When you made this agreement how many loads of ashes did you agree to put on top? A. - None at all; just merely to fill it up, and bring it in level. It didn't make any difference whether you filled in with loam or ashes? Q. A. Q. - None at all. You had no agreement with him whatever? A. — No, sir; there was no particular kind stated. Q. Anything that states the amount of ashes? A. The number of loads. Q. A. Q. You have already stated the number of loads. What price did you receive for this filling in? A. I think it was about $2.25. There was some of them $3 in their bids, and they were quite huffy about my getting the job any way. Some claimed they ought to have it. I think it was $2 or $2 and a quarter. Q.-Was it below $2? A. — It was not below $2. I don't think it was; I am not certain. I could not state the exact price. Q. A. TESTIMONY OF JEREMIAH T. COUGHLAN. What is your employment? I work on Fort Hill as an assistant to Captain Soulc, the superintendent. Q. A. Q. A. When were you employed? The first day of March, 1871. What were you employed to do there? To look after parties that were attempting to take the dirt away from Fort Hill and put it in improper places. The first day of March I was sent along Federal street towards Mount Washington avenue to see how many loads from the hill went to South Boston; and there were thirty-five. I followed them to see that they came from Fort Hill. The second day of March the W. G. Z., which belonged to some place in Germany, bound down to the Provinces somewhere, took in fifty tons of ballast at Union Wharf. I found fifty tons, that is what they said they were taking in at Union Wharf, from Bonner and Sutherland's teams. Q. You were appointed March 1st; where were you stationed on that day? A. - At the corner of Federal street, from Mount Washington avenue bridge up along, to see which way they were going. How many loads went to Boston Wharf? Q. A. — Thirty-five loads. Q.—The next day what were you employed to do? A. — I went up on the hill, and took a survey of the teams, to see what they were doing. Captain Soule brought me to the corner of what is now Sturgis street, where most of the teams were going out, and I followed them along to see where they were going. I found these parties Q. A. the hill. Q. A. Q. What parties? Bonner's teams, from Bonner's contract; on that part of They were going where? - Down to Union Wharf. Did you follow them? A. - I did. |