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Q. Is he living ?-A. No, sir.
Q. Did you ever say anything to the help in the employ of this Elastic Company in regard to their voting last fall, or give them any word as coming from Mr. McBiruey !--A. I did.
Q. Go on and state all that you said to them.-A. He told me that he pever took act, part, or hand in politics before; that he was an old man; that he had some 300 or 400 families to support from the factory and that they were doing very well now; tbat if the help respected him, they would vote for Mr. Talbot ; and he said, “I want you to understand there will be no man discharged from here, no matter how you vote." I told the help so, some of them.
Q. Did you tell them as to his desire that they should vote for Tal. bot, but that if they did not vote for him no man would be discharged ?A. Yes. I didn't tell all the men, but I told a great many of them.
Q. Did you tell them all of that wbich Mr. McBirney said to you lA. I did.
Q. Did you tell a part and leave out the part that no one would be discharged ?-A. No, sir.
Q. What are your political sentiments ?-A. Democratic.
Q. Was there a Democratic organization among the help of Mr. Mc. Birney's establishment ?-A. A great many of the men are Democrats.
Q. Do any of them belong to any Democratic club l-A. Not that I am aware of.
Q. Did any of them vote for Butler ?- A. There was and is now a Butler club there. Men belonging to the Butler club are working in the will now and have been all the time since it began.
Q. Were any men discharged from the mill on account of their voting?-A. No, sir; not a man.
Q. Was there any feeling that any of them would be discharged if they voted as they pleased ?-A. Not a bit ; none whatever.
Q. Do you not think that the men in the employ of this Boston Elastic Company voted just as freely as the men wbo were not in any employ!-A. Just the same. I know that I did. I voted for Mr. Abbott.
By Mr. McDONALD : Q. Repeat, if you can, what Mr. McBirney told you to say to the men.-A. He told me to say to the men that it would be his wishes and for the benefit of the company to vote for Mr. Talbot, but that they could vote as they pleased, and there would be no man discharged from the works, no matter how they voted.
Q. What did he say abont 300 or 400 families ?-A. He said there were 300 or 400 families tbat got their support from the mill.
Q. And that they were doing well then ?-A. Yes, sir.
Q. He told you to tell them that ?-A. O, no; he didn't tell me to tell them that.
Q. He did pot tell you to tell them that there were some 300 or 400 families who got their support from the mill, but he told you to tell them that it would be for the benefit of the company and that the company was doing well then ?--A. Yes, sir; that it would be for the benefit of the company and that the company was doing well then.
Q. Did he not say that the election of Butler would be very injurious to their interests ?-A. He did.
Q. And might affect these 400 families -A. Something like that.
Q. That it might turn them out of house and bome, if business turned the other way I-A. Something to that effect, I suppose.
Q. And on that account he wanted you to communicate tbe fact to them that it was his desire they should vote far Talbot ?-A. Yes, sir; that it was his wis'.es that they should vote for Talbot.
Q. Didu't the men obey bis wishes in that respect !-A. I couldn't tell you, for I don't know how they did vote. I only know that they all voted freely, just as they liked.
MILTON A. SUUMWAY sworn and examined.
By Mr. PLATT: Question. Where do you reside ?-Answer. Iu Danielsou ville, Conn. Q. What is your business?-A. I am a lawyer.
Q. Were you assignee of the estate of Frank Kennedy and his brother ?-A. Yes, sir.
Q. Did you ever hear of any suits for false imprisonment against those wbo bad sued them or put them in jail on the part of Frank Kennedy or his brother ?-A. I think I heard a threat on the part of Frank's brother.
Mr. MoDONALD remarked that he regarded the testimony as merely collateral, being upon a matter which his colleagues bad developed outside of the direct inquiry in the previous testimony.
Mr. PLATT replied that he proposed to show that the witness Frank Kennedy answered falsely. Mr. McDONALD waived an objection.
By Mr. PLATT: Q. Did you make any payment to Frank Kennedy ?--A. There was money paid to bim.
Q. By you as assignee -A. I suppose it was paid. He had $250 out of the estate.
Q. Why was it paid to hin ?-A. A suit was pending against the estate by a man named Conway, who claimed to have purchased all the property that the assignee bad taken in or collected in, being property such as organs and pianos distributed around the country. The assignee had taken it in, claiining the right to hold it. This Conway claimed, the right to hold it by an assignment from the Kennedy Brothers prior to their proceedings in bankruptcy; and this money was paid to Frank Kennedy because he said he could induce Conway to withdraw the suit which he had brought against the estate to recover this property.
Q. Did his brother take part in that ?-A. I think not. He had no pegotiations with me.
Q. Who were represented in that matter?-A. A representative of the Mason Organ Company of this city and a representative of the Smith Organ Company of this city were with me in my negotiations with Frank Kennedy, and it was upon my suggestion that this comproinise was brought about, to get rid of troublesome suits.
Q. Were the suits for which that money was paid snits for false im. prisonment?-A. No, sir; they were suits brought to geo rid of this action of trover relating entirely to the possession of the property.
Q. Do you know this Frauk Kennedy ?-A. Yes, sir.
Q. Have you ever heard his character for truth and veracity spoken of there?-A. Yes, sir; I think I have.
Q. What is it apoug his associates ?-A. I would not want to testify
either way, that it was good or bad. I never heard but one party speak of it, and I don't think I should form an opinion upon that statement.
Q. The money paid him was not paid him to prevent his bringing suit for false imprisonment against tbe parties who had sued him ?-A. Not at all.
By Mr. McDONALD: Q. He obtained his discharge in bankruptcy ?- A. That was part of the negotiations, that he was to have the $250, and that the estate or the creditors would uut oppose bis discharge. The creditors petitioned the Kennedy Brothers into bankruptcy.
Q. The proceedlings were those in involuntary bankruptcy ?-A. Yes, sir.
By Mr. BLAIR: Q. State the nature of this transaction, the manner in which these goods were procured, and whether there was any charge of fraud.-A. They were arrested for fraud at the instance of the creditors in a civil suit, not a criminal suit. The State's attorney said he would have them indicted but the ottense of obtaining the goods was committed in another State.
THOMAS BROWN sworn and examined.
By Mr. PLATT: Question. Hail you any employment in coupection with the work on the post office building in Boston ?-Answer. Yes, şir; I am employed there as general foreman of mechanics.
Q. Do you know Michael Kilduff, Michael Daly, and one Foley 1-A. Yes, sir.
Q. Do you know when Michael Kilduff was employed ?-A. He was employed in the month of October last the last time. He was employed awhile in 1877.
Q. When was he discharged ?--A. On the 18th of October last.
Q. Wbat was be doing at the time he was discharged I-A. I think I had bim cleaning old brick at the time he was discharged.
Q. Was he discharged because of his political principles or the way he was going to vote ?-A. No, sir.
Q. Was his work in any way dependent upon bis politics I-A. No, sir. When I hired him in the first of October he told me that his fain. ily was in need. I told him I could keep him only a few days, on account of the work being let out to the contractor. I put him to work, and when the brick work went over to another contractor, I had him dis. charged, among some tive masons.
Q. Do you kuow anything of his politics ?--A. No, sir.
Q. When was he discharged ?-A. On the evening of the 18th, at the same time.
Q. How was it with Foley ?-A. I discharged bin at noontime on the 18th.
Q. Foley was ove of the parties discharged at the same time?-A.' Yes, sir.
Q. The brick-work had gone by contract to Mr. Tuttle, and for that
reason you did not want these men !-A. I did not want them. I had to reduce my force to a smaller number.
Q. Was there or not any reason for which they were discharged other than you have stated ?-A. No, sir.
By the CHAIRMAN: Q. Give me the names of those you discharged that day.-A. I discharged James McGarvey, John Toland, Dennis McCarthy, Timothy Bulkley, John Mahoney, Michael Kilduff, James Foley, and Michael Daly.
Q. Had these men been talking politics any ?-A. No, sir; pot that I know of.
Q. You knew them to be Butler men !-A. No, sir, I could not tell. I never found out until this morning how iny men voted.
Q. How diil you find it out tbis morning ?-A. I simply asked them if any of them had voted for General Butler, and if they had nauliness enough to come here and testify. I found that the larger part of them had voted that way.
Q. You voted that way?--A. O, no; I did not.
Q. When did Mr. Tuttle take possession there ?-A. On the afternoon of the 18th of October.
Q. Had you discharged any men before that!-A. In the afternoon of the 15th I did.
Q. How many men were taken on after these parties were discharged ? -A. We didn't take on any.
Q. Have you taken on any since 1-A. O, yes.
Q. How many did you take on previous to the election 1-A. I didn't taken on any. Foley, Kilduff, and Dals were the force that I bad cleaning bricks. I believe that the only other man I took on was taken on at the first of October.
Q. Did you take anybody on the work after the 18th of October and before the election ?-A. [After referring to memorandum.] No, sir; we did not.
Q. Did you take on any before the election ?-A. No, sir,
ROBERT T. BROWN sworn and examined.
By Mr. PLATT: Question. You are the son of the last witness ? ---Answer. Yes, sir.
Q. Did you tell Michael Kilduff it would not be safe for him to vote for Butler 1-A, I did not.
Q. Did you tell any workman employed on the post office building that it would not be safe for him to vote for Butler ?-A. No, sir.
Q. Anything of that sort !-A. No, sir.
Q. Did you say to Michael Kilduft, on the night or day before be was discbarged, that no man who was in favor of General Butler could have work there !-A. I did not.
Q. Did you in any way intimate to the men as to whom they should vote for I-A. No, sir. Q. Did you know how they were going to vote 1-A. No, sir.
By the CHAIRMAN:
Q. You did not say to anybody that Tuttle had got the work, and that tbe men would be discharged, as Mr. Butler had got him the work? -A. No, sir; but I saw it in the paper.
Q. You did not say that to any of the men -A. No, sir.
Q. These men who were discharged on the 18th had been laying the brick and helping to get the brick-work op 1-A. I couldn't tell. They were engaged there.
Q. What is your business ?-A. I am a carpenter.
Q. Has your work been continued there?-A. I am working there, on and off.
Q. You are working there now !-A. Yes, sir; I have been engaged since the winter-three or four months.
Q. Were you engaged there in the months of October and November! -A. Not steadily.
Q. Were you there until after the election ?-A. Not steadily. I was on and off.
Q. How are you getting your pay ?-A. For every day that I work.
Q. Do you know of anybody being taken on there after the 18th of October ?-A. I know nothing about it.
By Mr. McDONALD :
Q. Did you take a pretty active part in politics last year ?-A. Not a very active part.
Q. Were you a member of a political club ?-A. About two years ago I was.
Q. You were not last year !-A. No, sir.
FRANK C. FISKE sworn and examined.
By Mr. PLATT: Qnswer. What was your occupation in 1878, about the time of the election ?-Answer. Messenger work and clerical work.
Q. For whom !-A. Mr. Estey.
Q. Saperintendent of what ?-A. The post office and sub-treasury building.
Q. Did you, at or before the election of November, 1878, say to any one that any person employed under Mr. Estey would be discharged if he voted for General Butler !--A. No, sir.
Q. Or anything to that effect !-A. No, sir.
PHILIP W. MANLEY sworn and examined.
By Mr. PLATT:
Q. Do you know Michael Daly !-A. Yes, sir.
Q. Why was there lack of employment l-A. On account of a part of the work being let out to Mr. Samuel Tuttle.