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

tne stream from IT'S natural cUannci ueuSoS an
impeachment to the free flow of the waterj the
body of the water was in an artificial channel |;
the old or natural channel of the stream had no
water In ia there were deposits Of sand in the
artificial channel; the highest point Of one OF
those deposits was seven inches above the level
of the bottom Of the stream, and the other nine
inches; was there on Monday the bottom Of
the artificial channel, under the bridge, was
| half an inch lower than at the MILL and three
fourths of an inch lower at the end near Noxen-
| town, which is farther from the mill.
| Mr.. Smith had surveyed the grounds and
laid before the referees plot of the mill and
several courses of the stream.
| Examination continued-Took the level of
the bottom Of the stream under tho bridge ;
there was four and half inches fall in the bot
tom OF the stream from the wheel to the bridge;
noticed fall; the water went under the
bridge.
Cross-examined by Defence hen say tho
sand bank vas raised "a OF inches, 1 mean
the height of the bar from the bottom of the
stream; there is difference in the elevation
between the extreme ends OF the race of three
fourihs Of an inch; did not go in the creek /;
did not remember u small tree or bush in the
stream around which tine sand had collected.
w. W. FOrbert sworn-Was Civil Engineer
for twelve years; visited Mr.. Hunters mill aud
sawit surveyed; that Is the plot the angle Of tho
possible to run the road across the stream
without interfering with the channel, by the use
of trussel-work trusel-work would have been
most expensive; an embankment is always pre-
ierable; | corroborate Mr.. Smiths testimony
1t appears from the levels and the sounds that
back-water is formed from the points where
the sand bars are, about "a yards from the in
tersection Of the strcamsi there is also mar
rowing Of the stream ut this point which causes
M bu n
piece of engineering to culvert the stream
trussel-work would have been good.
Cross-examined-The new canal is 72S feet,
3S2 feet from the commencement OF tho new
channel to the centre Of tho ombankmcnt, and
3al feet to the end Of the channel; the stream
| was ID feet wide midway between the embank-
! rnent and the commencement; this appeared
| to be the narrowest part Of the stresm; should
suppose the channel at the bridge was IL feet,
| il is IL feet at the beginning Of the canal.
BY the Couit-The sand which forms the
banks appears to come from where the first
canal was cut all the hills are OF sanu and will
necessarily wash; the sand came from above.
Augusta j. Smith sworn--l have boon an
engineer on the Delaware Railroad three years,
was there when this canal was cut; Mr.. Dale
superintendent the work under MIR. Sewell Mr..
Dale directed witness as to the work. witness
directed the work 10 be done.
Kendall recallel.-The NOxentown tumble
dam Is five feet ten and half inches high; the
highest point is six feet measured the dam
last Monday week measured from the lower
sheating to the top Of the cap at both ends
Cross-examined by Defence.--The water was
running over when measured 1t one part of
the dam was bare of water.
BY the Court.--The wood ON the side OF the
hill rear the stream, belonging to Mr.. Samuel
Townsend, has been partly cleared oil within
year.
The testimony iorthe plaintiff here closed
Before calling the witnesses for the defense Mr..
Bsyard addressed few remarks to the Re-
ferees, as to the evidence. file held that the
plaintiff must show that the damage alledged
has been sustained, and then it will be incnm-
be mt upon him to prove that the damage was
done by the defendent; or the plaintiff must
prove there is backwater, and that the back
water had been C fused by the acts ofthe deien-
dant. MIR. B. at this point made fair, strong
and able argument for the defence, in which he
said the Company had done all that it was pos
sihle to do to benefit the defendent; had made
better channel, and one through which the
water would run more freely than in the one
that existed previously. This he proposed to
prove from credible witness. After the testi-
mony shall be laid before you, il you are con-
scisnciously convinced that the plaintiff has
sustained II damage, and that the defendant did
it, we are ready to pay.
A. G. Smith recalled. directed the work
on the embankment; about 100 feet was done
when WENT the stream had been crossed the
intention was to put in large eulYert, but the
ground being soft it was deemed necessary to
put trussel work, hut when the difficulty came
up with MIR. Hunter, 1t was concluded to make
new channel; the new channel is straiEhter
than the old tho length Of tho new channel ~
400 feet, the new portion under tho railroad
was made by me; tho width was cut 20 feet I'M
der the railroad bridge, 10 feet at tho COM
mencenent for 100 feet, the next 100 feet is "a
feet wide, the next 200 feet is 20 feet wide; it
was originally a uniform width Of 20 feet. The
lowest portion of the chanael at the sand bar
was half an inch lower in November, 1856,
than in July, 1856; / think the water from the
tumble dam washes down the sand to the bar !;
saw the sand after it had been swept across to
the corner of the county bridge; the rise from
the new channel to the bottom OF the wheel is
two and onc-tenth feet; the fall from the bot
tom of the wheel at Mr.. Hunters mill to the
bar below the county bridge is seyen-tenths of
| a foot; the bar has formed since the canal was
cut it formed from wash from TONnsend's
| field the channel has always run free; had the
Lew channel dug one and Il half feet deeper
than tho old channel, in August, 1855.
! Cros-examincd.-Th bar is about Is feet
below the county bridge; it is 30 feet longi tho
| top of the bar is one inch lower than the bot
|
was q feet deep; the new channel, witness
| thought, from viewing the premises, was
straighter than the old deepened the new
channel because law suit had been threaten
ed; the dirt was thrown on the side of the
! stream; did not know whether the dirt was liza
BILE to fail into the stream; am not now in the
employ OF the railroad company.
John B. Wingate sworn-Am an engineer; have
been employed on the Delaware Railroad on the
18th of May last started the levels from the county
bridge and run them to the r. X. bridge, and the
water was perfectly level the mill sheathing below
the mill wheel was two inches below the level of the
surface ofthe water Of the Noxsntown pond stick
about half an inch thick stopped in attempting
opush it between the wheel and the sheahng the
top of the sand bar is four inches higher than the
sheathingi the water would have to be above -four
inches high on the sheathing before it would run
over the bur; the meeting of two currents will wash
up the sand, which will always be deposited where
the currents cease to operate
Mr.. Wingate submitted map Of the mill, includ
ing the creek, mill race, county road and the two
channels.
Samuel Townsend, aiirmed-I have known the
mill property over twenty years own land adjacent
to the mill own the land the rair0ad goes through
the dead water of the EoXentown dam backs up into
the branch above the railroad when the pond is full
the wash ut point 300 yards from the embankmen
had existed for many years beiorethe Delaware Rail
road was huilt and it not for the current of thu
water in the creek, the washing would fill up thu
stream the mill was burned down and rebuilt in
Stacking manner upon the old walls, one Of which
on the south side, is cracked saw the crack to-day
the tumble dam, witness thinks, has been raised
little the mill power has been increased by the in
of water from the change made by the RAILROAD
Company before the change was made there woult
be dead water $50 yards from the Company bridge
Crcss.examined-The millers have been in thu
habit Of cleaning out the race never saw but on
man do it below the county bridge; this was Israe
Townsend's man before the pit where the dirt wa
got from to build the embankment dug, the lan'
where.it is covered with grass there is small