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nogle to furnish us the information? A. wald he a jot, but I will do it.

Q. How many tons do they take on a barge? A. About 275 or 300.

ab Then about five lands would average a thousand tons; that wou only be three hundred barges; that would not take long for you to get A. I could do so. All these official reports of mine are in the Enginee office, in a book; any person can go there and get the data. In discha ing the buckets the side gates go out, and you can tell whether there is a amount of dirt sliding through. It would make the water muddy, a you could see it, also, when there is any quantity of dirt. There is a lit dirt facing to the stone, which would be trifling, however.

Q. You do not say that you were in a position, or was it your dutythey had inspectors over on the island-to see as to the quality of ro Your duty was to see as to the quantity ? A. Yes, sir; and place the ro in proper place.

Q. Had you any means of ascertaining the quality of the rock, exci what is on the top? A. I had not.

Q. How many yards of dirt did they estimate it would require ? 150,000 yards of sand. I think, in my judgment, it will take 23,000 24,000 tons of rock to do it; but they have only lately fairly got started this sand. The earth, or sand-filling, I do not know how much they ha

put in.

Q. Where do they get the dirt from? A. In the vicinity of the woolen mills at North Beach.

Q. You heard Mr. Brown testify in relation to protests that were made by Mr. Creighton, who represented the State in the delivery of this rock? A. Yes, sir.

Q. Do you know anything about protests being made ? A. I know that the men told me that they protested and guarded the State's interest to that extent that there is nothing of that kind done, and I could swear positively that there was nothing of that kind delivered, for if there was any considerable percentage of dirt I should see it run out.

Q. You were aware that Mr. Creighton had a fight and knock-down on that question? A. I heard so; I heard Mr. Creighton speak of it.

Q. Did Mr. Creighton tell you that the reason of the difficulty was they were putting in material that the contract and specification did not call for? A. Yes, sir.

Q. Did Mr. Creighton tell you that was the reason he protested against it, and why he knocked down the man that was putting in the material ? A. Mr. Creighton told me that this man was drunk all the time and talked to him in a very abusive way, and when he told the men not to put in certain material, he interfered and called Creighton some bad names and he knocked him down.

Q. The difficulty arose out of a protest that Mr. Creighton, the representative of the Statė, made against putting in this material that was not called for in the specifications? A. So I understand.

Q. Did you hear Mr. Brown, the last witness, testify that he was told to put it in? A. I did.

Q. Are you prepared to say that the material described was not put in? A. There was nothing of the kind brought there.

Q. As far as your observation went? A. There is no barge load that comes there that I don't examine..

Q. Do you say that there was not material smaller than five pounds and stones and dirt mixed in with it? A. There is undoubtedly smaller than five pounds, for it is in handling they may have put in less.

Q. You heard Mr. Brown testify that they shoveled it in with shovels, and when protest was made, their boss, Mr. Joseph, told them to put it in? A. I heard him swear to that.

Q. Do you swear that did not take place? A. I was not an eye witness, but I could swear that there was little if any dirt dumped out of the barges.

Q. You were employed by the State in connection with Sections 5 and 6? A. Yes, sir.

Q. How many hours a day did you work? A. As long as there is any work to do.

Q. How many hours did you work? A. Usually ten hours.
Q. What compensation do you receive ? A. $135 a month.

Q. And all the employés of the State in construction of this seawall were employed ten hours a day? A. Yes, sir.

Q. Did Mr. Creighton receive $125 a month ? A. Yes, sir.
Q. Do

you

know of anybody employed by the Harbor Commissioners on this work who work less than ten hours a day? A. I don't know.

Q. How many barge loads have come from the island ? A. I have not got a memorandum with me; I have a book that contains everything.

Q. You have a book showing the number of loads of stone that have been put in Section 6 of the seawall? A. Yes, sir; and also their weight.

Q. And the date of their arrival ? A. Yes, sir.
Q. Can you give us that information? A. I could by getting my book.

Q. How often do you have to make a report to the Harbor Commissi ers? A. Every two or three days, the number of loads received.

Q. Do you know anything about the number of cars to each train? They run 18 and 15 part of the time. At the present time they have : 18 cars.

Q. That would be 60 to 90 yards to the load? A. There is an accou kept of the number of yards and the number of cars; when they do i bring five yards they do not get credit for it. The State is well guard If there ever was any honest work done, it is under this Board of Harl Commissioners. They won't have anybody but who are honest and tł know to be reliable, and we have a very efficient Engineer. On the arri of every train, Mr. Crowley steps to the door and counts the cars of 1 train.

Q. And they are level full? A. The cars can't be heaped up now, they are drawing sand and they can't put on a full load, but when th are drawing damp sand they can stack them up on each side.

Q. I thought they brought them level full? A. No; they stack the up on each side, and then the tallyman, to ascertain their true measu ment, puts on side-boards, and if they measure five yards, they are le full.

Q. You conclude that the seawall, if it is built of the material as th are building it, will be durable? A. Yes, sir.

Q. Is there any reason why it should not be lasting? A. I think would last for centuries.

Q. Do you board the scow every trip? A. No, sir.

Q. As I understand, the scow is loaded at Sheep Island, and comes to the wharf and then there is a trap door and the stuff slides off? A. Y sir; on an incline.

Q. Is that material, as it passes down into the water from this bo exposed to your view?' A. You can see it as it slides off.

Q. Is it exposed to your view; can you see all the material as it goes o A. Yes, sir.

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Q. Would it be difficult for you to tell the three of dirt in the cargo? A. You can tell whether there in any

Q. You measure it by the draft of water?. A. Yes,

Q. Are there certain watermarks on the vessel! gauges. One fore and aft, and one on each side, and one in the center, many feet and inches to the draft.

So if there is two hundred tons it goes down to a single mark? A. Yes, sir.

Q. Suppose the water is rough? A. It is not very rough in there.

Q. Suppose there is a strong wind and surging waves, would it not be very difficult to tell? A. If it was very rough, but if there was a gentle wave I would watch it and take the mean difference between the rise and fall, but as a general thing there is very little trouble about that.

Q. Have you ever been approached by the contractors in relation to the weight of that rock? A. Never, sir.

Q. Your weight has been accepted both by the contractors and the State authorities; they are governed and controlled by it? A. Yes, sir.

Q. Has there been any dispute between you and the contractors? A. No, sir. Mr. Mertens has generally been around the boat with me, and we had a difference about one tenth of a foot.

Q. Then every barge that comes the contractors have a representative there, and you have to see that your weights agree? A. Mr. Mertens is generally down there himself.

Q. The contractors are either there themselves or have somebody else there? A. Not every time, but mostly.

Q. Then they take your weight? A. Yes, sir.

Q. Where do you stand at the time they are discharging the barge ? A. I stand at the end of the barge, on the wharf, one end or the other, after getting the barge in line.

Q. Is the barge so placed that you can see these marks on the barge, on the sides or ends? A. When the barge arrives, and is placed in proper position, they send a small boat to me by one of the bargemen, and I goaround, so I can look close at it and make no mistake.

Investigation closed,

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