Harry Tracey-For Defendant-Direct. Q. In 1931, when Commissioner Dedrick was down there at the property? A. Yes, sir. When I was throwing stuff off the truck at that time, over the sidewalk, when he passed, he called me and asked me why I was not working, why I did not report the day before. He did not say anything about throwing stuff off the truck in there. Q. Was he right there when you were doing it? A. He was right there, and he called me and asked me why I did not report for work the day before. Q. Were there other people there then? A. I had my helper on my truck with me. Q. What is his name? A. George Dubois. Q. Is he here in court? A. Yes, sir. Q. He saw what you did? A. Yes, sir. Q. Now, do you remember a man named Walsh? A. Yes, sir. Q. Did you ever see him on the dump? A. I did. Q. What did you see him do there? A. He directed trucks to dump over far away Mr. Jordan: We object to that as calling for a conclusion and ask it be stricken out. The Court: I think that is a fact. I saw him directing drivers to dump. Let him finish his answer. Exception to the defendant. The witness (continuing): Also directing any private trucks that came in to dump on the right, to go in on the right side. The Court: Now, do you object? Mr. Jordan: I do as stating a conclusion rather than a fact. And ask it be stricken out as not responsive. 2977 2978 2979 2980 2981 2982 Harry Tracey--For Defendant-Direct. The Court: I will grant the motion with regard to the last part, as to private trucks, on the ground it is not responsive. The first part is responsive. Mr. Lynch: I accept that ruling. Q. Did you ever observe trucks other than the City trucks on this property dumping when Walsh was there? A. Yes, sir. Q. Did you ever see Mr. Walsh when he was anywhere near where these trucks other than City trucks were there dumping? A. Yes, sir. Objected to as leading and ask that the answer be stricken out. Objection sustained in form. Q. Where, if you can tell us, was Walsh at any time when these trucks other than City trucks were there dumping? A. He was talking with the drivers, directing them to dump on the left side as you enter the place instead of going away in where we used to dump. Q. Did you ever see a man there on the dump stripping the dump? A. There used to be somebody. I think there was. He was a Polock there. Q. Did you see a little cabin there? A. Yes, sir. Q. Was that cabin there after you were transferred to the R. & I.? A. Yes, sir. Q. And were the men there from the City on the dump after that time? A. Two men that I remember. Q. And what did you see them doing after you got in there in February of 1930? A. Why, straightening out different parts of the dump. I know Peyton asked me to push the cars over there after I came in. Harry Tracey-For Defendant-Direct. Q. Have you ever observed in your experience there any tractor being run over an old automobile before it was brought to a dump? A. Not in my experience in the whole time I was in there, I never saw that done. Q. The way you saw it done was what? A. I used to take the men down and we had sledge hammers and we knocked the fenders off with sledge hammers, and I would elevate the body, we would put the front on and would drop the body and then we would push the rest on. Q. How many men would it take to put it on, load one in? A. I do not know. I think nine men on my truck. Q. Moving those automobile bodies? A. Yes, sir. Q. Would they all go down with you to the dump? A. No. Not always to the dump. These men broke them up and loaded them, I always took a helper to the dump. Sometimes it was away back in and I would carry them in. Q. Did you ever know of any other City trucks breaking down upon this dump? A. Yes. Q. Was that a truck that you were driving, was that one of your trucks? A. It was not a truck that I was driving, no. Q. And when was it that you learned that another City truck broke down upon this dump? Objected to as irrelevant and immaterial. A. Two different times. Answer stricken out. Question withdrawn. Q. Did you ever know of anything happening to one of the City trucks upon this property? A. Yes, sir, two different trucks broke down there. 2983 2984 2985 2986 2987 Harry Tracey-For Defendant-Direct-Cross. Q. Can you tell us about when it was that the first one broke down that you remember? A. The first part of 1930, I do not know just which month. A pick-up truck was broke down in there, and then another time, I do not just remember when it was, the sewer truck was broke down in there. I did not see the truck broke down. One was broke down and the other was stuck. Q. How long after the first occurrence did the second one occur? A. Maybe a week later on. Q. Both of those were in 1930? A. Yes, sir. (Here a recess was taken until Friday morning, April 8, 1932, at 11 o'clock A. M.) White Plains, N. Y., April 11, 1932. CASE CONTINUED. 2988 HARRY TRACEY, being recalled, testified further as follows: Cross-examination by Mr. Jordan. Q. Mr. Tracey, what is your present occupation? A. I work three days a week on the Wicks Bill for State. Q. Outside of that have you had any occupation since your discharge by the City of Yonkers? A. No, sir. Q. You have no interest in this case, have you? A. No, sir. Harry Tracey-For Defendant-Cross. Q. Your interest is just as much for the City of Yonkers as for the plaintiffs in this action? A. Yes, sir. Q. Whom did you come over with this morning? A. Who did I come with this morning? Q. Yes. A. Judge Moore, Commissioner Herzog and Mr. Dubois. Q. How many days have you been in court? A. How many days have I been in court? Q. Yes. A. Two days. Q. In each instance did you come over with Mr. Herzog? A. Judge Moore, Mr. Davis and Commissioner Herzog. Q. Did you talk to Judge Moore about this case? A. Yes. Q. Mr. Herzog? A. Yes. Q. To Dubois also? A. Yes. Q. What you have related about seeing, at your last examination, with regard to seeing trucks of the City on this Nepperhan Avenue dump, did that take place after your transfer to the R. & I. Department? A. Before and after. Q. When do you say you were transferred? A. Well, I thought it was February, but it was either March or February. I have shook my memory up, and I think it was the 17th of March, either the week before or after. I don't know just which, but it was around that time. Q. The City payroll shows you were transferred on March 20, 1930. A. Well, around that time. I was not just sure which, whether it was February or March. Q. Would you say that that was correct-March 20th? A. Yes, I would. Q. Prior to March 20th, 1930, you were in the Park Department working on trimming trees? A. No, sir, I was not; I was driving a truck. 2989 2990 2991 |