Q. Where was the car that was involved in this accident when you came there where the man was? You said, “Beside the curb," a moment ago. What curb? A. I believe the car was swung around the block. Q. Just tell us where the car was at the time that you saw it first after the accident had occurred. If you don't remember, say so. A. I . Q. This man Quinn that you say was obtained, the name of Quinn, which was the name of the witness that was put on the record — Mr. Ruggieri: I object to the form of the question. The Court: He got the name of Quinn. 305 Q. You said you got a party named Quinn that you understood was a witness? Mr. Ruggieri: I object to the form of the question, as incompetent, immaterial and irrelevant. The Court: The only name that you got at that particular time was the name of Quinn? The Witness: Yes. The Court: Whether he was a witness or whether he was not a witness to the accident you do not now remember? The Witness: I do not. The Court: You don't know whether he saw anything about it or whether he didn't see anything about it? The Witness: No. The Court: I take it that you rushed this man to the hospital quickly? The Witness: I did, your Honor. 306 307 George T. Eckardt—For Defendant-Redirect. Charles S. Bonanno—Defendant-Recalled. Matthew M. Brennan—For Plaintiff-Direct. Q. Did you see this party that was supposed to be Quinn at the time? A. I did not. At least, I don't know. Q. And you don't recall that you have seen him since, is that right? A. No; I have not. CHARLES S. BONANNO, recalled : By Mr. Carson. 308 Q. Mr. Bonanno, as you were going south on Third Avenue on this day, will you tell us in a concise way just where Officer Eckardt, who was on the stand, was stationed? The Court: He has already testified. Q. Tell us in what manner it was, how it was, and from whom it was that you first learned of the happening of this accident? Mr. Ruggieri: Objected to as hearsay and already answered. The Court: Objection sustained. 309 MATTHEW M. BRENNAN, being duly sworn, testified as follows: Direct examination by Mr. Ruggieri. Q. Where do you live? A. 256 Garfield Place, Brooklyn. Q. What is your occupation? A. Investigator. Q. How long have you been an investigator? A. About five years. 310 M. M. Brennan–For Plaintiff-Direct-Cross. Q. What was your occupation prior to that time? A. Superintendent of stevedores and commissioned officer of the United States Army. Q. What officer? A. Rank of captain. Q. Captain, did you talk to Officer Eckardt on Friday, outside the hall of this court room? A. I did. Q. How did you come to talk with him, at whose request? A. Pursuant to your order, you asked me to try and serve him with a subpoena, which I did. Q. Did you try to serve him with a subpoena? A. I did. Q. What did he say? A. I did try to serve him and he told me that he ought to be served on the police station. Q. Did you ask him if he saw the accident? A. I did. Q. What did he say? A. He says he didn't. Q. Is that the entire conversation you had? A. That is the entire conversation I had with him. 311 312 Cross-examination by Mr. Carson. Q. When you attempted to serve this subpoena upon Officer Eckardt, didn't you know that this court was then in session? A. I served it pursuant to Mr. Ruggieri's order. Q. I didn't ask you pursuant to whose order you served it, I asked you if you didn't know, and now recollect it to be a fact, that when you attempted to give Officer Eckardt the subpoena in the corridor of this court house, this court was then in session? A. I did know it. Q. You did know it? A. Yes. Matthew M. Brennan—For Plaintiff—Cross. 313 that you had with Officer Eckardt, isn't that right, Q. Just a moment. If you don't understand Q. The only conversation that you had with Officer Eckardt was when you attempted to serve him with a subpoena, isn't that right? A. I related the whole conversation. Q. Just answer the questions. You understand that, don't you? A. I am trying to explain to you, Mr. Carson, the conversation. Q. I am asking you if that was the only conversation you had with him? A. The only conversation was when I attempted to serve him with a subpoena out in the court room. Q. And you never talked to him before that time, had you? A. Never did; no. Q. Therefore you don't mean to tell us here that I was present when you attempted to serve him with the subpoena? A. No, sir; you weren't present. Q. And you don't mean to tell us that the defendant Bonanno was present when you attempted to serve the subpoena, do you? 314 315 Mr. Ruggieri: Objected to. There is no such testimony. The officer said it, not Mr. Brennan. The officer said they were all there. Q. Was Mr. Bonanno, the defendant in this action, present at that time? A. He was. Q. Don't you know for a fact that he was seated here in the court room? 316 M. M. Brennan—For Plaintiff-Cross—Redirect. Mr. Ruggieri: Objected to as argumentative. The Court: Objection sustained. 317 Q. Was Mr. Crossan out in the corridor at the time you attempted to hand the subpoena to Officer Eckardt? A. He was. Q. Did he join in the conversation in any way? A. He did not, he just listened to Officer Eckardt and myself talking about the subpoena and the accident. Q. Of course you knew that Officer Eckardt was here in court, didn't you? A. He wasn't in court exactly, he was out in the corridor. Q. You knew that before this court adjourned Friday, for noon recess, that his Honor made inquiry if Officer Eckardt was in the court house, didn't you? A. I did. Q. Knowing that he was here in court, now will you tell us just the reason for wanting to give him a subpoena? Mr. Ruggieri: Objected to as already answered. The Court: That is all a matter of argument. 318 Q. Do you speak Italian? A. No, sir. Q. You don't work regularly for Mr. Ruggieri, do you? A. No, I am employed by Mr. Abruzzo. Q. He is a lawyer, too? A. Yes, sir; he is. By Mr. Ruggieri. Q. Tell us what your duties as investigator are? Mr. Carson: Objected to. |