Delaware weekly Republican. [volume] (Wilmington, Del.) 1841-188?, 1857-06-25

Hiiles, u. @. Bradford, and john Smith, appon ted
to hear tho ease Of Joseph A, Huutcr v! The Dol.
aware Railroad Company, met 10 tho U $. Court
room in this city, on Friday, Wm, 5. MsUaulley,
Esq counsel for tho plaintiff, and Thos. f. Bayard
Esq for the defence. Ay ~,
. This action was brought by Mr.. Hunter, tor dam
ages resulting to his mill property IN Appoquini
mink Hundred, by the Railroad building an GIN.
bnnkment, changing and obs,ructlng tho natural
Of the stream 50 as to produce backwater and
interfere with running the mill he. lie laid the
damage al $1,000.
WIN Is. Smith--Rented the mill Of Joseph A..
Hunter, ia Appoquinimink Hundred. There were
about ~ or Is inches Of buokwater under the wheel
destroying third Of the power Of the mill There
were two run of stones, but he was unable to run
bu: one pair Of stones while he was there llo bad
thought of buying the mill but after having tried it,
he declined to purchase. TIE backwaer had
tendency to wear out machinery, there being a
gre tier strain It. lie was ut one time prevented
running the mill on account Of backwater. Tho |
wa or came up tho lat, an1lprcyentcd two thirds
Of Il being titled. One of the foundation of
the mill fell out-suppOsed to have been CAUSED by
| the water being thrown up against II The damage
| was repaired. Mr. Hunter paid him for tho work
So for the s,one, could not recoect other expenses
| Ono IN son was employed for I've days. lie did not
know that The backwaler had any elect on the mill
| Itself The general wear al tear on the wheel
/ was much greltor taan it otherwis wOul have
been Had Il conversation with Mr.. Dale, engineer
of the Delaware Railroad, about the mill when the
raj road was being built
Tho question did he make any admission 10 regard
|
| mill, was objected t.. The referees, however, de-
cilel that II wa' proper
Testimony resumed Tho employee of the Rail
roal company cleaned OIl the rloe, ul,ler III di
rection Of Mr.. Smith who was nn engineer eu the
Railrjad.
Cross Examnel-Took posses ion of tho mill Ia
1884 Had an idea of buying IL, for SSiOU But
did not on Jun. OF the bickwater, aud Tor SONS
other private eOasijera:oIs. There wa iab1ut "a
quarter of an acre between tho mi d im ual the
house. CultiVitbl about one-th'r l. OF this--there
being water AMI bushes on tho brace. Cleaned
out the race once whfle there, from tho mill wheel
half way down to this bridge. Paid $3.50 rent tor
the mill Gould not say what amount Of damage
was done 10 the machinery, except the increased
wear. Believed that damage wIs done 81 tbs FUN
daIiou. When the mill stoppel it became clslr of
backwater but after starting in ab9at half an hour
! tho water was again poiccptble, and more water
had TO be let on tho wheel aud the tendency was t.
exhaust the water in the pound.
John Lewis, swOrn-Wont TO live at MIR. Hun
tors mill 10 March. 1853, and loft there on the ilrst
OF March, 1865. The mill ran free from bl0kwalor
up to October, 1854 up t. the time that the ui
road obstructed the natural course of ths stream.
The backwater coltinued every day while stag Cd
lheIe-rising In half hour after starting the mill
Toe land was low, covered with bushes AMI grass
which preventing tho sand from washing up unI he
Ing carried into tho creek. Tho water never backed
up over tho land between tho mill and the house
previous to the building Of the embankment. The
waller after passing under the Railroad rau abo at
hundred yards before II reached the original
emanuel A large quantity Of saol was taken from
trees and bushes we're removed which protected the
( stream frOm wash The backwater lock oil about
g one,third of tho pawer. ic grouul about IA 900
bushels Of wheat, crrn and oats the frat year The
backwater dim Aishel the grinding power. lilo ran
both pair OF stone before tho accumulation OF the
IT backwAter, but only one pair at time after bui'
:. ing II tho embInkment Tao backwa'or cnus1l The
n foundation of the mill 10 lall out lilo did not dis
r cover any damage TO the wheels cOgs They wer,
m building the county bridge tho time toe powder
|" wagons blew up in Wilmington. THIS bridge, how
- ever, did not produce any backwater.
" Mr.. Mcdaniel, sworn-Water will run off better
% when tho stream Is straight than when II i lr
Was present ut tho cutting of the channel by the
id Ralroa company. Cut it through tho railroad
but could not say how nuab further The oil
ed channel was straight, the one crooked, whiv
% had the effect to break the full Of tho water. I'll
50 mill cost between five AID six tlouFanl lllur til
70, material was If the hest quality, no having built
au for himself He was pFesont at tuo the fDu
NJ tion was repaired Tho injury was not caused b
hrs; put BY The Dastwa or fhe power was aupl
X mills, and never made mist Ike in his life III
,st bnekmhter had an luxurious ten lency on tue i
he chlnery tho water failing jerks jars The vince
70 strains the cuss, &c. GrOnnd corn By raising Ii
gate one inch while he had the mill Il there wei
,st len inches Of backwaler, double the power woul
do be required to run the mill and double the ntit
1. OF water; which would exhaust the suppIy in ha
the time With two feet OF backwater the mi
m would MT run at ali. The wheel should run tive nj
Inv years when free irom back water half that time
= something over when clOggei with backwater. Tt
hu tonishei at the wear of the cOcs Should not TN
e. 10 put mhtor wheel 10 for $l16 and he woul III
make other repairs putting cOgs in the wlie
ng 10 the pit and straigten 10 the line for anoth
I'm 500. Was employed By Nj Hunter 10 repair Ii
or foundation, did not know what the masons charge,
le- but he would 10! like 10 undertake. such io0 Il
ng ess than 30 or 49, Tue mill would grind at I'll
rs ten or twelve bushels of corn and wheat in nm han
with about " inches Of power oil; there was no bne
OF water then Could run both pair of stones whe
hurried Ihe Quantity ground would depend muC
An nFItE .tuIu l.
Tar was more liable to fill up than an old one
cross examIned-Owned the mill, put in tho pr
:, sent wheti The NOxentOwn mill was being 7
t- pared an there WIS not u full head Of water
INC tne dam al that time. Ills dam was washed dow
1891. when they had plenty of baekwatc
ing IL cost some $3.50 10 repair damage Ile clean,
so out Tue race. Mr. Hunter also cleaned the ra,
m after he purchased the mill. Tho wheel was
= from breast TO an OyershoOt wheel in 1851 II
ia ooeas' wheel was feet in diameter, aud four fe
,at wlde tha oVersboot wheel was ten feet wild, an
W teot ~ diameter, Never complained of the wat
uy "a Tue Noxentown mill dam being backed Oh biz
ed hau not been on the property for over u wear II
in wheei run within three or -four inches &c Il
sneathing when &c was put in; he dill not know hG
,cil high II was at this tune The tendency Of Ii
ate sheathng wa' to iise, aud no had known ca.
70 where It came up against the wheel
" Abel Porter, sWurn-FOrmerly owned the mi
US went there to live in 1878 Remained on /
property three years, There was no back sat
Ter then-there being good fall. The mill bar
1 9 august III, 1919, Knew the stream sin
Y
however, repared it a little
ina Ihos D. Kendall, sw0rn-Was the tenant Mt NJ
liz llunter's mill. Went there in January, 1856 Su
80 oeeieu Mr. smith. There were ten to Il inches
ree backwater then-there Is 10 to 10 inches now
the was within or inrhes az mo Mil snac Ii 4
ore iteshet ~ Juno, year ago. and tho water cover
the whole Hat. The Noxehtown mill dam broke
ere January last, when the backwhter continued, b
only or inches in depth. The tendency OF bac
wafer was TO injure the machiEOry, making the 90
cut ahd twist tLegearin nnt oil place. IT needed
pairing now, Bolts were loose, and it required b
+. whole gate to be raised to run one pair ii stont
in Gould grind from three to four bushels of corn
wheat III an hour, not mnro. The sand has waSl
- ~ anu made quite a deposit near tho Ginbanhmel
bt. There was then nm uulsrsbnot ybsnl ,Cer gbisI
u breast wheel was put in The same sheathng r
m mBlned TO this time. There was bIekwater
to the mil then Tae backwater tended to jar I
Ide whole mill Tbs artificial canal partially ill
ar up ut this time Mr.. Hunter had widenel the I'd
ma from the mill to the bridge, but it hal done
~ fool He had cleaned out deposits in the sreal
oh out he could not perceive that 1t had any tOnden
me to relieve tho mill 1t took tho water From. half
the thTee-luarters Of an hour to .ise.
. stephen FOulk, swoTn--Follow tho business
a milling Worked at Mr.. Hunters mill in the spri
mn Of 1851; remained there till August, 1859 A
zeal Mcdaniel hrst occupied this mill and seed
Of by Mr Townsend. Worked for both Of them, Hell .
put the present wheel in. The bott SUI Of IL was
oi the same position tho old ore was There W
anu no backwdier at that tune grOunl both wheat III
corn ut the same time; gJound ten bushels O wh'
the ana corn IN an hour Had not any ireshets
stop the mill Ran the mill all night at one ii
ant to prevent freset. The lot below was used al
,aa garden patch never saw tOverAOWed except wi
stIe tho dam hrORo. Tho machinery OF tue mill wOrb
III nice, without EARRING Or CRACKING
CrossNexamined-The Nn1eutuwn mill dam v
4 OF down all the tins he WORKED ut the mill. I
U.S. stream Kept itself clear lilo had MT resdsl thu
son; for three years, knew nothing about resent /
orn | prOvemen.s
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