By Mr. Boabdman:

Q: As a matter of fact since you have been inspector, has Dr. Martin ever taken any other inspector and set him to -watch you? A. No; but he has sent us into another man's district.

Q. But he had so much confidence in you and Levings, that he never sent anybody into your district? A. So far as I know; I do not know.

Q. Tou never heard of it? A. No, sir.

Q. You did have a certain power in the premises, power to approve or disapprove the milk? A. Yes, sir.

Q. To report or not report? A. Yes, sir.

Q. And Levings and you were the regular inspectors who had this district? A. Yes, sir.

Q. And you were here talking for twenty minutes with this representative of a milk company? A. Yes, sir.

Q. And he knew that you were the inspectors and you knew that he represented the milk company? A. Yes, sir.

Q. And he made a proposition to pay you a certain amount of money, according to your statement, in consideration of protection for a certain period of time, and you talked to him about that proposition for twenty minutes and left him with the impression that it was satisfactory to you; that is true is it not? A. The statement that was made was that we were to think about it, the proposition he had already made.

By Mr. Prentice:

Q. Is it not a fact that Dr. Allen is the milk inspector who goes into any district all over the city? A. He was so until recently; he was detailed by Mr. Martin to some other duty.

Q. "Was he not in January, February, March and April? A. Yes, sir.

Q. To go into any district at any time? A. Yes, sir; that is a fact.

Q. And is it not a fact that Chief Inspector Martin sometimes makes inspections? A. Yes, sir; very frequently.

Q. Then there were four men who could go into that district? A. Yes, sir.

Q. Now, did you at any interview you had when Mr. Intemann was present, state in words or substance this: "Where do I come in?" A. Never.

Q. Did you hear Dr. Levings at any time say: "Where do I come in?" A. Not at all, sir.

Q. Did you hear such words mentioned anywhere? A. No, sir.

Q. But you do not remember exactly what more? A. I do not remember the details; no, sir.

Q. Did he tell you that he went from one of those places to the other, to two or three different places? A. Yes, sir; Intemann was very nervous, indeed, and seemed very anxious to unburden himself of something.

Q. That he had the money there? A. I do not think that he stated about the money part of it; I do not remember exactly.

Q. You understood that the object of meeting him Saturday was to pay the money, didn't you? A. Well, he was to meet us there; we had no object in meeting him.

Q. To pay the money? A. Something of the sort; yes, sir.

Q. You say you told this to Dr. Martin? A. Yes, sir.

Q. Did you keep Dr. Martin informed of the various steps in this business? A. Yes, sir.

Q. You were acting under instructions from him? A. Yes, sir.

Q. You never told this to anybody else you say? A. Not that I know of, sir; I have been very cautious about not mentioning it.

Q. You never told it, for instance, to any of the commissioners? A. No, sir.

Q. Do you know whether Dr. Martin did? A. No, sir; I do not know.

Q. He never told you that he did? A. No, sir; he never tells us anything about the business between him and the commissioners.

Q. Is it the custom of the office for you to report to him? A. Yes, sir; he is my immediate superior.

Q. You never have any intercourse with the commissioners yourself? A. No, sir; unless I am summoned by them on something important.

Q. You have no friendly relations with them? A. None whatever.

Q. Did Dr. Martin when you told him about this matter in the first place, did he tell you what his reason was for advising you to keep this man along? A. Yes, sir.

Q. State what he said? A. Well, the substance of the conversation was this; he thought it was a pretty serious matter—shall I state what lead up to the conversation?

Q. Yes. A. The Lake Milk Company had given the department considerable trouble ever since my connection with it; we have had a number of complaints, and we had been ordered by Mr. Martin to keep an eye on them; that they had given a great deal of trouble in the way of introducing skimmed milk in the city and we also had a case at General Sessions in which they introduced some technical testimony; it was a question of difference of opinion between the chemist as to the method of analysis employed in analyzing the milk, and the case went against the department, and since then we have always been very careful in inspecting their milk, to do so very carefully, and to do so at proper intervals, and then we told Mr. Martin these facts, and he remarked that it would be very important indeed; that we must watch carefully all that this man Intemann said; that the Lake Milk Company's case was a famous one, and it would be very important to show that they had attempted to bribe us in the performance of our duty in connection with the inspection of their milk, and advised us to go on and neither encourage or discourage Iutemann in whatever he might propose; to let him go on in his own way and report the facts to him from time to time.

Q. Did he tell you why he wanted you to do that? A. Yes, sir; he said that would only prove that they were in a desperate strait, and that we would get a case of bribery against them, and show what kind of work they were trying to do.

Q. Why didn't you have a case of bribery against them in this case? A. We were waiting for the proper time for that.

Q. Why didn't you have as good a case of attempted bribery against him when he first made the proposition, as you ever could have? A. Because the bribery was not consummated; we had only had the attempt made;'it has never come to a head.

Q. Do you understand that in order to make an offense under the law, that it is necessary that the money should be received by the party to whom the bribe is offered; that is an offense against the attempted briber? A. I am quite unfamiliar with the law, sir; I know nothing about it.

By Senator Fassett:

Q. Then as a matter of fact, at some time you did agree with him to accept the bribe in case he offered it? A. Yes, sir; but to be careful to do it before a witness, before some reputable witness, and have it turned over to the secretary.

Q. This plan was a plan conceived by Dr. Martin, communicated to you by Dr. Levings, and carefully conceived? A. I do not know how carefully it was conceived.

Q. So far as you were concerned? A. Yes, sir; so far as we were concerned.

Q. You regarded it important to carry it through on those lines? A. Yes, sir.

Q. Help Intemann along to bring him to the point where the money should be actually paid? A. Yes, sir.

By Mr. Prentice:

Q. I understand you are a graduate of a medical college? A. Yes, sir.

Q. How long ago did you graduate? A. In 1885.

Q. What preparation did you make for that before you were graduated? A. I had the regular public school education that most boys have; I graduated from Grammar School No. 36, and I attended the junior year at Columbia College, and then I went into business, nearly four years.

Q. What time do you give to the work of the board of health each day? A. In the neighborhood of seven hours, excluding the lunch hour; it would be eight hours including the lunch hour.

Q. Is that regular work? A. That is demanded of each employe.

Q. What hour of the day or night are the inspections made? A. At all hours of the day and night; whenever occasion requires, we go out at night or early in the morning.

Q. Is it a fact that part of the season you make twice a week inspections at sunrise in the morning? A. Very shortly that rule begins.

Q. In the summer time? A. In the summer time; yes, sir; right along.

Q. Did you understand that throughout this business you were acting under instructions? A. I did.

Q. You have not undertaken to repeat exactly those instructions? A. No, sir; I got them from Mr. Martin.

Q. Is it a fact or is it not, that Mr. Macomber has offered to you at some place this winter, and offered to Dr. Levings in your presence ten dollars? A. It is a fact.

Q. State the circumstances? A. I had never met Mr. Macomber before until that day; we had on December fifteenth—an early morning inspection had been made of Macomber's milk in front of his store at 135 Sixth avenue; the case went through the regular machinery, that is, the slips upon which the memoranda were made, and in due course came back, with an order to make an arrest; that was gone through with, and then I learned through Dr. Martin or somebody—Mr. Fox, perhaps, who was the clerk of our division— that Mr. Macomber intended to make an appeal to the board about that case; that he had some important testimony to give regarding it, and that he wanted to try and get at the onus of the attempt; the next thing I knew Dr. Levings told me one day that he had received a letter from Macomber through his barber, who had his place of business across the way from Macomber, appointing a meeting with him; he was very anxious to see him; Dr. Levings told me this, and stated tbat perhaps I bad better go with him and see what Macomber wanted; we visited Macomber on the sixth day of January; Macomber was introduced to me; that was the first time I had seen him, and he said that he had something very important to disclose; we did not know the nature of his disclosures; he took us up to McEver's saloon at the corner of Fourteenth street and Sixth avenue; he went into the place and entered the back room, and after we had entered, drew the curtains and invited us to sit down; he then asked some trivial questions, ordered some refreshments, and then asked some trivial questions about the inspection of the milk, and asked how much our salaries were; we told him we considered them very small, and he said he would like to make us a present, and he took two ten-dollar bills out of his pocket and offered them to Dr. Levings and myself; he took them out of his pocket and laid them on the table; he took them out of a note book from his inside pocket and laid them on the table, and said, "Gentlemen, I wish to make you a present"; we declined the money and said it was impossible for us to take it, as we had done nothing to earn it, and it was impossible for us to take it; he seemed very much chagrined at that, and said he did not intend it as a bribe; it was perfectly legitimate, and he would like to make us a present out of his liking for us.

Q. Then what? A. We still insisted we could not take it, it is out of the question; and he took it back very reluctantly, and said he hoped we would not mention this to anybody, although he felt perfectly easy about it.

Q. Did you report it? A. Yes, sir; to Mr. Martin.

Q. How long after this? A. That was immediately the next day, but one; that was on the eighth day of January.

Q. What instructions did you receive about that? A. Mr. Martin asked us why we had not reported that the day before; I told Mr. Martin it was impossible to do that, because Mr. Martin was not there at the time, and we did not know what to do; Martin was away inspecting all that day, and he said we had done wrong in not reporting to him at the time.

Q. Has it been your opinion that in order to complete the offense, it was necessary to have the money itself offered, or to see the money? A. I do not understand your question.

Q. Has it been your opinion that to complete the offense of bribery, it was necessary to see the money offered, or to have it offered? A. Well, I was under the impression that to see it offered was sufficient.

Q. Did any time occur in your interviews with Intemann, when he offered you money — I mean physically? A. No, sir.