under the Constitutión as amended, they had no right or jurisdiction to audit or allow said claim. Deponent further says that the estate of said Henry R. Mygatt has been finally settled and the executors of his last will and testament duly discharged from their trust, and that the said E. Maria Mygatt is the sole residuary legatee under and by virtue of said will and the owner as such of said claim. In the claim of E. MARIA MYGATT against THE STATE OF NEW YORK. Testimony. Present John Bigelow, Secretary of State; Frederick P. Olcott, Comptroller; Charles N. Ross, Treasurer, Board. Appearances For claimant, Wm. R. Mygatt, Esq.; for the State, Chas. S. Fairchild, Attorney-General. WILLIAM R. MYGATT, Esq., counsel for the claimant, being duly sworn, testified as follows: The certificate of Allen C. Beach was received from Mr. Beach by the executors through mail; the next is the bill as originally made out by Mr. Mygatt, followed by his affida vit, which was sworn to before me, and a copy of his law register-I compared that — and exemplification of the proceedings of the Commissioners of the Land Office, authorizing Mr. Osborn to take these proceedings and retaining Mr. Mygatt; then there is a certificate of Mr. Bristol which was written in my presence, and certificate of Mr. Nichols, which was also written in my presence; both were signed in my presence; the certificate of Judge Allen was sent to me by him [the Attorney-General, on examination of the handwriting, admitted the certificate of Mr. Allen]; the next is an affidavit of Wm. H. Hyde; Mr. Mygatt was informally directed by Judge Allen and Mr. Bristol to take these proceedings in June or July, at their first meeting. By the SECRETARY OF STATE: Q. Where is the evidence that the Land Office authorized the proceedings? A. At folio 32; I have the exemplification of it here; I will submit this on evidence the printed case of the People of the State of New York, on the relation of the New York Inebriate Asylum, against William R. Osborn, respondent. III. At a meeting of the State Board of Audit, held at the office of the (No. 8.) In the claim of PATRICK MASTERSON against THE STATE OF NEW YORK. Claim for injuries received while working on the New Capitol. Amount claimed, $3,000. William A. Hall, Joseph J. Forrester, Patrick Hogan, John Geary, witnesses on the part of the claimant, and Patrick Masterson, the claimant, having been severally sworn and examined, and the Attorney-General for the State having been heard, it is ordered that this claim be disallowed. CLAIMANT'S STATEMENT. STATE OF NEW YORK BOARD OF AUDIT. To the Honorable the Board of Audit of the State of New York: The petition of Patrick Masterson, of the city and county of Albany, in said State, respectfully showeth, That on the 17th day of November, 1874, your petitioner was employed by the State of New York, through the Superintendent of the New Capitol, as a mortar mixer on the New Capitol building, in the city of Albany, N. Y.; that while he was so employed, and on or about the 17th day of November, 1874, he received severe bodily injuries, by being struck upon his head, neck and shoulder by a falling iron or wrench which had fallen from the hands of one Joseph J. Forrester, a laborer, then employed on said building, which iron or wrench was of about fifteen pounds in weight, and had fallen about the distance of thirty feet before striking him. That said blow from said iron or wrench produced a fracture of your petitioner's skull and otherwise injured him so that he was totally disabled for nearly a year, during which time he was under medical treatment and wholly prevented from doing any work or pursuing his business. That by reason of said injury your petitioner has suffered great bodily pain and has been pecuniarily damaged in a large sum of money, and that your petitioner still is, and ever since said injury was received has been, in feeble health, which is, as he verily believes, occasioned by said injury, and he believes that he is permanently disabled, by reason of said injury, so that he will never be as strong or able to labor as before he received said injury. That your petitioner has a blind wife entirely dependent upon [Assembly, No. 73.] 2 him for support, and that he has no other means of support than the product of his labor. And your petitioner further shows that this claim has never before been presented to any branch or officer of the government. And your petitioner further shows that the following are the names and addresses of the witnesses he proposes to examine and by whom he expects to prove the foregoing facts, to wit: Patrick Masterson, in his own behalf, 25 Jefferson street, Albany, N. Y.; Joseph J. Forrester, 161 Hawk street, Albany, N. Y; Patrick Hogan, 145 Jefferson street, Albany, N. Y.; John Geary, 200 Canal street, Albany, N. Y.; William Finn, 14 Morton street, Albany, N. Y.; Arthur V. H. Smith, M. D., Albany Hospital, Albany, N. Y.; Isaac De Zouche, M. D., 197 Hamilton street, Albany; James W. Eaton, 151 Lancaster street, Albany, N. Y. That your petitioner expects to prove by himself and said Forrester, Hogan, Geary and Finn, the said injury, the time and place thereof and the circumstances attending the same, and by said Smith and De Zouche, the nature and extent of said injuries, and by said Eaton, his employment on said New Capitol building, and by himself all the other facts above set forth. Your petitioner claims that by reason of the foregoing facts he has been damaged in the sum of $3,000. The petitioner therefore prays that your honorable board will determine on the justice and amount of said claim, and audit and allow such sum as your honorable board shall consider should equitably be paid by the State to your petitoner, and that your petitioner may have such other and further relief in the premises as your honorable board may see fit to grant. And your petitioner will ever pray. PATRICK MASTERSON. Patrick Masterson, being duly sworn, says that he is the petitioner mentioned in the foregoing petition; that he is acquainted with the facts therein stated; that the same is true of his own knowledge, except as to those matters which are therein stated on information and belief, and as to those matters he believes it to be true. Sworn to before me this 1st day of July, 1876. J. H. VROOMAN, PATRICK MASTERSON. Commissioner of Deeds, Albany, N. Y. Paddock, Draper & Chester, Attorneys for petitioner, 51 State street, Albany, N. Y. In the claim of PATRICK MASTERSON against THE STATE OF NEW YORK. Testimony. Present John Bigelow, Secretary of State; Frederic P. Olcott, Comptroller; Charles N. Ross, Treasurer, Board. Appearances For claimant, Wm. H. Paddock, Esq.; for the State, Charles S. Fairchild, Attorney-General. WILLIAM A. HALL, called for claimant, sworn: By the SECRETARY OF STATE: Q. Were you acquainted with Dr. Isaac de Zouche; he was in charge of the Albany hospital? A. Yes, sir. Q. Up to what time? A. He left November, 1875. Q. Was he there November, 1874? A. Yes, sir. Q. Are you acquainted with his handwriting? A. Yes, sir. Q. Look at that [witness shown certificate of Dr. Isaac de Zouche]? A. To the best of my knowledge and belief it is his handwriting. Q. Was he a physician in good standing? A. Yes, sir; considered so; he was the medical superintendent. By Mr. PADDOCK : Q. Are you a physician? A. I am, sir. Q. Did you understand him to be competent to give a certificate of that character? A. Yes, sir. JOSEPH J. FORRESTER, called for the claimant, sworn: By Mr. PADDOCK: Q. Do you reside in Albany? A. Yes, sir. Q. What is your business? A. Laboring man. Q. Where are you employed now? A. New Capitol. Q. Were you so employed in 1874, in November? A. Yes, sir. Q. Are you acquainted with Patrick Masterson? A. Yes, sir. Q. Do you recollect Patrick Masterson receiving injuries in November, 1874? A. Yes, sir. Q. Please state in what manner, so far as you have knowledge? A. I was working under a boss named William A. Grow; he says to me, you had better go up and see if you can get a key wrench, and I proceeded to go up on top and walked across the trestle and asked one of the men, do you know where that wrench is; he said it is over on the other side; I jumped from here down here [indicating about three feet]; then there was a horse standing in front of me; as I was returning back, I stepped on the horse and the horse kieked up, and while I caught the trestle to save myself the wrench went down. Q. After you dropped the wrench, did you go down? A. Yes, sir. Q. When you got down you found Mr. Masterson was hurt? A. Yes, sir. Q. Did you see him? A. I did not; he was gone out when I came down. By the ATTORNEY-GENERAL: Q. This was a wooden horse? A. Yes, sir; an ordinary wooden horse. Q. Was it fastened down? A. No, sir. Q. What did they use it for? A. Used for scantling; I stepped up on the horse to get on the trestle, and the horse kicked and I let the wrench go out of my hand. By Mr. PADDOCK: Q. Do you think the horse would have slipped if it had been fastened? A. It is never fastened. Q. What was the size of the wrench? A. I never saw the wrench before; I should judge it was five or six pounds, if not more. Q. How far did it fall? A. From twenty-five to thirty feet; probably more. By the ATTORNEY-GENERAL: Q. You knew that these horses were generally not fastened? A. As far as that is concerned I did not exactly see whether it was loose or fastened; we stepped on them one from the other. By the COMPTROLLER: Q. Could that wrench have been more than five or six pounds? A. I could not say as to that; I should judge the wrench was about one and one-half feet long. PATRICK HOGAN, called for claimant, sworn: By Mr. PADDOCK: Q. You are acquainted with Patrick Masterson? A. Yes, sir. Q. Were you acquainted with him in 1874, in November? A. Yes, sir. Q. Were you employed on the New Capitol at that time? A. Yes, sir. Q. You recollect this occurrence in regard to the injury received by Mr. Masterson? A. About that time; yes, sir, I remember it. Q. State, as near as possible, when it was? A. I think some time in November, to the best of my knowledge. Q. Now state, from your recollection, what occurred at that time? A. I was coming down a ladder about thirty feet long; the bottom of the ladder was about ten feet from the mortar box where Mr. Masterson was fixing mortar; I was about the middle of the ladder, when somebody hallooed; I looked and saw Patrick Masterson fall; |