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Objected to as irrelevant, immaterial and incompetent. Objection overruled. Defendant excepts.

A. No, sir.

CROSS-EXAMINATION by Mr. Freedman:

I said that I worked for this concern about a year and a half, approximately. I first worked for them at Yonkers. I was engaged to take charge of the carpenter work. I had charge of the carpenter work on the Yonkers Power Station.

Q. You went there as a day man? A. I was employed for the sum of thirty-six dollars per week.

Q. Just answer the question. You went there as a day man, didn't you? A. No, sir.

Mr. Cooley Butler employed me when I went there. I saw him about working for the concern, a day or so previous to Thanksgiving, 1904. I went there on the advice of a friend. I went there prospectively or prospecting, you might say, for work; looking for a job, in qualified terms.

Q. You asked him, did you, the rate of wages he would pay you? A. I told him what my terms were, and he accepted them. I told him I wanted $36 per week.

I worked on that arrangement during the period of my employment on that work, and for a few weeks 78 after I was transferred to 50th Street and Lexington Avenue. I did not do carpenter work, I had charge of the carpenters. I didn't work myself. I started doing that kind of work on Thanksgiving day, 1904, on Thursday.

Q. And what day of the week did you start working as superintendent down at the station near the Grand Central? A. When the job was started I went there from Yonkers, and I was alone there for a week or more when a man that had been employed to take

charge of the work came on. He stayed for a few 79 weeks and left. I was then put in charge of the job, and as soon as arrangements could be made, that is, the following pay day or maybe the next, I asked that my rate be made the same as this man had been getting, forty dollars a week, which was agreed to.

Q. You have not answered the question yet, have you? A. I have tried to.

Q. I asked you what day of the week you started in as superintendent down at the Grand Central Station job? A. I started my period of employment there—

Q. Can't you answer the question? What day of the week it was, or don't you know? A. I would like to ask you if you mean the day I started to work after the superintendent had left?

there, the day I started in actual charge of the job Q. What day in the week did you start to work as superintendent on the job at the Grand Central? A. There are really two such days; the first day I actually started there, and the day after, the superintendent went away.

Q. Were you superintendent there before this superintendent left to whom you refer? A. I was in charge of the work until he came.

Q. Did you work there as a superintendent until this other man had left? A. I was in charge of the work until he came. While he was there I was under him; and after he left I was in charge.

Q. Can you tell me what day of the week it was you were in charge of the work there, as you term it; what day of the week was it that you started, that you were in charge of the work A. No, sir.

Q. What day of the week is it that ends, the week ends in Butler Brothers' office, if you know. A. At that time it was Thursday; it was so up to the time I was discharged. The men were actually paid on the Saturday following the Thursday.

It is a fact that when I left Yonkers and went down to the Grand Central, and was then put in charge of

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82 the work, that the only conversation I had was as to getting forty dollars a week instead of thirty-six dollars a week.

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Q. What was the custom of the firm or corporation as to paying superintendents when they were away from their work, A. I knew nothing of their custom in regard to any other of their superintendents outside of myself. As far as myself was concerned, I worked every week day for them, and I lost no time.

Q. Then from the time you became superintendent you lost no time for being away a day, A. None at all on that job.

Q. Isn't it a fact that when you worked at Yonkers you were docked or were not paid for certain days when you were away? A. I was answering in reference to the Fiftieth Street job.

Q. It is a fact that while working in Yonkers you were late or away from the work on different occasions, and that you were not paid for those days on which you did not attend to your work? A. The amounts for those days was deducted from my pay, and I protested against it.

Q. Then I understood you to say a moment ago that you made no other arangement when you went down to the Grand Central to work except that you were to get forty dollars a week, instead of thirty-six dollars a week? A. I made other arrangements in the fact that I was superintendent on the job and not a foreman. I was in charge of the job.

Q. You were told that you were in charge of the work, and you asked to be paid forty dollars a week instead of thirty-six dollars a week? A. The same as the superintendent I succeeded him, under similar conditions.

Q. That is the same rate of salary that he got? A. And the same conditions as to his employment. He was employed as a superintendent on the work.

There was not any stated period or day in the week 85 when money was advanced to me by the corporation. I got it simply by asking for it and giving a receipt for it.

My recollection is that the last time that any money was advanced to me was a few days previous to my discharge; it may have been a week. I think there was one hundred dollars advanced to me at that time; there may have been two hundred dollars. My recollection is not clear. The receipt that I gave would show it. I know it was even money, and I think it was one hundred dollars or two hundred dollars, I won't say. That is my recollection.

Mr. William Butler gave me that money. When I say "that money" I mean this last sum that was advanced to me.

Q. Was it customary for him to advance money to you? A. It was not customary for him to bring it.

Q. No; but didn't you get it from the office, by going to the office and asking for it? A. By sending or going to the office I would get the money.

(Paper shown witness) this is the receipt given Mr. Butler for the $150 on April 12th. The signature is my handwriting. The receipt is in Mr. Butler's handwriting. I actually got the money.

Paper referred to offered and received in evidence, and marked Exhibit A.

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I or my messenger would give a receipt on each occasion when the money was advanced to me by But- 87

ler Brothers.

Q. Did the advancing of the money start at the same time that you became superintendent or in charge of the work at the Grand Central? A. Started previously. Let me understand you clearly.

Q. Let me ask you this question. Was money advanced to you on account of Butler Brothers while you were working in Yonkers? A. No, sir.

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I did not pay any men while I was working in Yonkers. I did not have any petit bills for expenses incidental to the job while I was in Yonkers.

Q. When did that begin, that you received money and paid petit bills incurred in and about the job? A. Starting at the Fiftieth Street building. As I said I had outlaid some small expenses, and when it came to the sum of a few dollars they advanced me money for an account.

Q. I am trying to get you to fix a time if you can when they first advanced money to you? A. I would recognize my receipt for it.

Q. Haven't you any recollection of what had been going on prior to your discharge? A. Possibly started the second or third week.

Q. Of what? A. After the starting of the Fiftieth Street work.

I worked down at Fiftieth Street at the station, from some date in August until the date of April 12th; that is about eight or nine months; during all that time they had advanced me at intervals sums of money There was not anything said to me at any time how I was to use this money.

Q. What did you get it for, if they did not tell you how to use it?

Mr. Campbell: I object to that question. The receipt shows he got it and the purposes for which he got it.

The Court: The question is whether they gave him any instructions how he was to use that money. That is the question.

Mr. Campbell: I will withdraw the objection. The Court: Did you ever have any talk with any of them as to how you were to use that money?

The Witness: No, sir.

Q. Do you mean to say that you simply went and asked for so much money and they gave it to you? A. Why, they knew that I in charge of the work would