Document rB93eM0z9Q0rwwyN2aa6vevkG

CITY, COUNTY & STATE OF NEW YORK : SS: ARTHUR BHoWN, toeing duly sworn, deposes and says that he resides at 541 North First Street, New Hyde Park, long Island. I was employed as forman toy Tuller & Moosman since they were in business for the last six years, and was the forman on the Queens General Hospital job from on or about the 12th day of September, 1932, until the job was completed, to wit, on or during the week of June 2nd, 1S33. I had as my assistant Harry Levine, who was with me during the same, period. Tuller & Moosman bought paints from the DuPont Com pany as well as from Peerless Paint Company. The oans from the Peerless Paint Company had no stencilling of any kind except a stencilled nuaiber, All this Peerless material was kept in a separate looker andmoved from time to time. The reason for this being, as I was told toy Tuller & Moosman, because they didn't want the DuPont man who took an inventory every month, to see that paint on the job. I was also told to mix the Peerless paint with the DuPont paint, which I did. This I did in a great many oases. From my observation, there must have been between six and seven hundred gallons of that paint* This paint I used up mostly in mixing. Some of the ceilings and some of the walls were done exclusively with Peerless and exclusively with DuPont paint, and some of the ceilings and walls were done with a mixture of both, Jh-alee-received at the building four drums of lead oil. paint. These four drums were kept separate, out in the yard. The four drums had the name of DuPont & Company stencilled, ai well as the number. These drums were used up in painting of the diningrooms, hallways, and in such rooms that had to he glazed, and part of the outside. This material was also used when the inspector from the City came around to test the paint. MaeElroy, the architect's assistant, was on the job every day. He came into the Job every day and looked over the DuPont paints, and told me that if I had any other paint in there except DuPont there would be trouble. The paints of the Peerless Company were not in the room, but were in another room, but McElroy did not know of the other room, nor did he know of the Peerless Paints. une day Moosman cams to me and asked me to mix four different tints of oil lead paint. The four tints were grey, buff, seafoam green, and another - perhaps light ivory. He said the inspector would call for it and to give him that. I turned to Mr. Levine, who was standing near, and asked him to mix up the colors, - the inspeotor would be around in a half hour to pick them qp. I remember before the inspection that I was passing when I saw Smyth and Moosman talking and 1 heard Moosman say to Smyth, "If you were using a lead and oil, as I am, you would get the effect required." After Levine made the mixtures, I exan ined them and know that the mixtures were mads in five gallon cans, and afterwards 1 poured them into a working pot and carried the four pots into Building A and set them alongside of where the men were working and instructed the men that in case the inspeotor oame over they should give him the paint out of that bucket instead of out of toe bucket they were working out of. This was done in aocordanoe with Mobsman's instruction, -3- DUP050061506 Moosman "being there all day from morning till evening. When the Inspector came around X went into the room where the men were working, I took the bucket that they were supposed to he working from and poured this paint into the bucket for the inspector to take away, and that was the lead and oil paint. I heard afterwards from the inspector that this paint that I had given them, outweighed the paints of Smyth, When I started on the job X succeeded another forman, named Carl Buck. Buck had made a sample for the inspection of the architect toy painting a room in Building B and one in Building 0, which in Building 0 was on the second floor and in building B on the first floor. I ms told to fix up these two rooms with an additior al coat of stipple so as to satisfy the arohiteot. Before X did anything I inspected the two rooms which were prepared toy Buck and found that they were full of flashes. This inrdioated to me that the stiff had been thinned or there werenM sufficient coats. I was satisfied from this inspection that both the troubles were there, - that there weren't enough coats on and that the paint had been thinned to exoess. I know that for the inside work we used varnoline and benzine and kerosene for the purpose of thinning. Frequently either I or Levine or Moosman would run out and buy five gal lons of kerosene. We would store it in the shop maintained at the building under lock and key and kept in other store rooms with the other thinners. At least once a week Moosman would bring thirty to forty gallons of five gallon oans of benzine from his shop at 384 Eioks Street to the building, and we would use that benzine and kerosene in mixing DuPont's paints. He told me -3a- DUP050061507 and Mr- Levine to dp that. Levine and I were the only ones who had the right to mix paints. I was also told that in case anyone asked why benzine and kerosene were there* that they were used for the purpose of washing brushes. In doing over the two rooms that were prepared by Buck* J took a bucket of five gallons of DuPontVs stippling flat, prepared it by mixing it with tinting colors, and thinned it with either benzine or varnoline and then applied one coat to each of the rooms done by Buck and stippled by using a stippling brush. Ho turpentine was used on the job except f or outside ^ purposes, and whenever we used thinner it was either benzine, varnoline or turpentine, or a mixture of these three. In doing these two rooms over again, 1 had Buok assist ing, who worked under my instructions. Before I used any,of the paints Moos man said to me as follows; "Here are three five gallon cans. This one (meaning one of the three), is flowing flat, - put that aside, and the other two you will mix up the colors. 1*11 stay here with you and see that you don't go off color, and then 1*11 go oven and get Buck and let Buck go to 0 building and you do B build!rg." I opened up both, took an empty five gallon bucket and poured some of the paints from each of the two five gal lon buckets into the empty bucket, and carefully boxed it. By "boxed" I mean poured them hack and forth. Then I tinted the paint to Moosman's satisfaction and got Oaxl Buck and put him to work in 0 building. After boxing it in the fashion just given, I gave Buck one of these buckets and kept one my self and he went to 0 building and I to the B building. I applied the paint in my room and he applied it in his room, --3- DUP050061508 A day or so latex, Kielas came around to inspect the two samples. There was also present Mr. Ojmott, Mr. M&clroy, Jim Kennedy and Tommy Stevens. Mr. Kleiss said it was a very good job and asked me if X would give him the same throuj: farout and X told him that I would try to see that he would get that kind of a job. A few days later, I think it was on a Saturday, and it was in the office of Moosman, X told Hoosman, in the presence of Pauzer, how much material we would need i mediately, and X remembered giving a large order. He told Pauzer what paint to send and what colors. Between finishing of this sample and the starting of the finishing coat on the large number of rooms, we were second coating in 5 and 0 Buildings, and working on A building when weather permitted. Around the first week of December I started putting in a large number of men to stipple. When 1 was ready to start the stippling job there were between thirty and forty drums of stippling material in the place. My helpers and X prepared the paint for the men by straining the paint out in the morning, getting it ready in the buoke ts and thinning it when necessary. It seemed to me to be alright. 1 first did 0 building, which contained seventy four rooms. I put a gang of approximately eight men on the job. These men were finished in about two days. They then went over to B building. We did the top floor, and third floor rooms exclusive of solariurns. It took these men about a day and a ; half. After we got through with these two floors in the B building, MaoKlroy complained about the appearance of the rooms. Then we stopped work and got in touch with DuPont, ~4r- DUP050061509 and then DuPont had their representative out there. At that time Levine was already my assistant. After an inspection was made and some more material was sent over from DuPont, we finished up the rest of the B building with this new material. I put four men in 0 building, named A. Horowitz, I. Horowitz, Kike Tanshan and Oarl Johnson. They worked on that building doing overthe rooms that had been done before, one week. These names at this time I have in a separate book kept by me personally. These four men were engaged five days in doing over the rooms that had been done before in 0 building. In Building B J had four men named Dari Buck, Levenson, Berner and Goldberg. I took them four days to do over the rooms in that building. After the rooms were done over MaoElroy looked them over and pronounced them o. K. When MacElroy made this inspection he called my attention to the condition of the closets, and told me some would have to be done over because they weren't good enough. They had suotion spots and fire craoks. The reason for that is that we put only two coats, when MoElroy made the inspection. We should have put on, aocording to specification, four. Before I put the finishing stippling coat on the room. > in Building B and the two floors in Building 0, which were on latex condemned, I had put/only two coats, - the primer and a second coat. The specifications called for a primer, a second and third coat before the finishing ooat. As a primer I used DuPont's regular primer sealer. For the second coat I used a mixture of sealer and flat wall paint. In tin B building on the two floors of the condemned work, I used only a primer and a seoond coat, and then the final and the finish- * -5- DUP050061510 ing coat, and used no shellac. .' Af ter the doing over of the condemned work, we did the walls on the white plaster - first primer sealer, then a mixture of primer sealer and flat, then a coat of shellac and then the coat of stipple 1 knew all along that the specifications required the use of lead and oil, 1 read that in the specifications. The solariums also required four coats. In the solariuims, which are only in the A building, I finished the walls as follows: The first coat of wall sealer; the second coat of walL sealer and flat mixed; third coat of shellac; fourth coat of stippled finisSu n the dadoes in the solarium, they re ceived a first coat of blue else, and two coats of paint. The metal trim in the solariums in the inside changed oolox. These metal trim on the outside we painted with pre pared lead and oil paint of DuPont, which comes already tintsi to shade. The inside, however, we painted with DuPont metal trim enamel tinted to speoial colors. un the outside we put only two coats, un the inside we painted ae followe: Canary yellow Light blue Ivory Jade green Holland blue uxchid 2 coats 3 coats 2 ooats 1 ooat 1 coat 1 coat and touched with a second ooat where necessary. Tangerine Mandarin Bed 1 coat 2 coats In the white rooms the metal was also to be painted white and that metal reoeived three coats. I know these faots to be so because I supervised the -6~ DUP050061511 work and Levine was my assistant. None of tnese metal trim j was done over while I was tnere. Just before certain material was shipped back to | ? DuPont photographs were taken. The photographs were taken oi the stippling paints that were sent back. Tney photographed the heads of the barrels only and the five gallon buckets. j A chemist employed by Tuller &. Hoosman came around on.e day, by the name of Joachim. He is the one wno suggested j putting auellae on. jI X said, "Isn't s.iellac -j. paint remover" ana he saia "No." He took samples of the plaster and of the j paint. X gave him samples out of two gallon cans. ! j.Prior to tue complaint I caw several drums marked on ! j the bottom "lithofo&m. " When I saw that I called it to j Moosman' e attention ana ia said "Turn them up quick," wwich I | I aici* ! In addition to the book in which I kept the separate time of the men in uoing over tae Building C and part of Building B, I also Kept two other books - one called the Time Book and tae other a memorandum showing what X am to j i ; j o from -ay to day. In this time book I have notea all the men that worked on the job a&ily, -- also the names of the men and tae flour s tney worked. The way I kept the time J cook is as follows: Each man daily signs sis name in his j own uancuvriting on the daily report sheet, wnion i hung in the shop. At the end of tue any I put down alongside j i j of the name the number of a ours each man ivorkeu. Kaon day j I take tale around taree o'clock in toe afternoon and I go over this time s^eet &nu put uovvn tue number of noure that the man has worked during the day ana I estimate how | | \ j long for the rest of t:.e day _u is to continue to work. I j hk j DUP050061512 then take this daily time sheet home with me and in the even!ng I put it in my time took. At the end of the week I figure up the time of each man and hand it in the office for payment, une of these daily reports I am leaving here. The daily repeats I send in every night to the job, but the time book, which is my own, I keep and now have in my possession. Sworn to before me this : 15th day of Decentoer,1933.: SADELLE STRAUSS Notary Public ARTHUR BROWN -7- DUP050061513