, 1859-11-29

This is the doctrine of tue Supreme Court in
the case Of the city Of boston rs LadreR, and
that, understand, Is the doctrine Of the COM
mon law.
Think my brother Judge presented the case
fully and fairly TO the jury, on tile principles
stated by him, aud these rcmu.ks arc made TINT
may not hc considered rs railing, except by
acquicscence with tie view of trying tue case.
The Music Hall Disaster.
Editors Pres and ibune:
On returning from the East last Saturday
evening, found my proposed ball in ruins, und
in this mornings issue Of your paper appears
an article under the caption Of "Unsafe Build
ius," which calls for reply:
In the first place, however, permit me to say
that fully appreciate and approve of the views
expressed in that article to tue general cnee-
Iessncss shown in the erection Of public build.
ings-a negligence which, if discovered in such
. structure as that about to be erected by N.Y.
self, merits precisely such strictures and un-
measured condemnation as Journalists know
how, and are in duty bound to administer.
As regards myself, eau only kay that EN-
p1oyed excellent architects, Aessrs. Carter l.
Bauer Of Chicago, to superintend the work,
aud visited the prominent ba!ls and consulted
tie best architects Of the country, for the pur.
pose Of adopting the most approved means Of
securing not only acoustic advantages. but all
tho desirable ends applicable to such structures.
at the very outset dsclured to both architects
and contractors my design to make the building
p'aia and uaesttatatious, but foEif and rtrm4-
nent. These injunctions as to The souudness
and strength Of materials and solIdity Of work
mansh'p, werc embraced in the p!an md spe
ciGcaiions Of The architects, Carter 4 Bauer,
and their p!aas hare received the appreciation
Of a'l to whom they have been submitted. The
mason contractor, Mr. Charles Daegling, las
built for me private dwelling of great strength
and general excellence, and has erected many
OF the best structures in Chicago. And,
to lc candid, l indite this reply
mainly to shield him from unmerited re
proach. Ue insists that tho bricks used
'n tho buiFSng are equal to any in the market
That the mortar used wns made of the best
Time from Van Schaack's MiIwaukee kiln, con.
sidered by builders equal to any. and that snnd
and lime were mixed in proper proportions; in
decd, that unusual pains were taken with the
mortar, and with the materials and workman.
ship generally. lie challenges Investigation,
ANu, aCcHFufuntys AaFe called On several prom
'nent citizens. aud competent judges, for their
opinion upon the points at issue. and, after a
personal examination BY them this afternoon,
their conclusions, whether adverse or other
wise, shall be published. Mr. Daeg!ing feels
aggrieved by your article rs rejecting very Sc
vcrcly upon him. and claims that after Eve years
0f1ahorious service IN bis profession here having
sustained q reputation for great honesty mud skill
ia his business, it is unfortunate enough for hin,
to bear the loss incident to the calamity Of Fri.
day night, without having to shoulder reproacl
which is calculated to impair his business
standing In the community, and operate prcju-
dicia'ly against him ia every way.
The .n1e was indeed irresistible, as learn.
having thrown down other structures, and Us
the building yvas new-tne mortar fresh or not
get, and a very large blank wall exposed to the
fury Of the blast, aud Mr. D1sgling claims tint
no mortar could possibly hare been used that
would hare averted the disnster. and that had
the roof been on, no building in Chicago would
have endured longer. Ny loss is boine with
cheetfulness, but let the blame, if any. be
"tArown to tho winds, il it belong there.
Tuos. 3. BRrAS.
Chicago, Nov. IS, 1852.
AFF1pAyITs OF EIrERIs.
Louis Reinhasdt and Paul Hoffman, OF lawful
age, being duly sworn, lepose md say that said
Ecinh1rdt was acting foreman under Charles
Daegting in the mason work Of Eryan's Hall,
and said Hoffman an active mason ia said work,
that the mortar used in said work was not only
good, but better than generally used, also TINT
the bricks we're Of good quality, hard aud firm,
anl that the architect and mason contractor
continually urged them to be careful in the
work to use plenty Of mortar, which was done
in the best workmanlike manner.
LOTS RE1suARpr.
PAuL HoFFHASS.
Sworn to and subscribed before me this asth
day Of November, 1853.
CAlv1S D'Wo1r, up.
| Matthias Metgen and Charles krus, Of lawful
age. being duly sworn, depose and eay that said
M.tzeu was the maker OF the mortar used in
| the mason work Of BEyan's Hali, assisted by
said krus, and that said Metgeu kept nccount
both Of the number Of bricks and OF the barrels
| Of lime delivered for said work, and that good
Milwaukee lime was used. and in propoItio
| greater than one barrel Of lime for every .hou-
sand Of bricks laid. Matthias NE1GES,
CHARLES KRrs.
Sworn and subscribed before me this esth day
| of November, 1869.
CAIy1x D'WoLr, Justice Of tic Peace.
REPORT or THE EXAMINING COMMITTEE.
We, The undersigned, haviug been called upon
BY Mr. Bryan to examine the bricks and mortar
u=ed iu the erection Of his hall, three walls Of
which fell on FRIDAY erening last, have inspected
! the wall left standing, aud the materials in the
walls which were thrown down, aad report rs
follows:
The mason contractor, Mr. Charles Dac2liue.
has furnished good materials md done bis work
not only reasonably well. but qnite creditahly
! he mortar was excellent, as can be seen in tho
foundation and in the remaining wall, but there
had not been time for the mortar to set before
the tremendous gale Of Friday evening pros
tsatcd the walls.
The sonth wall remains sound, firm and erect
without crack, and NC believe it perfectly suti
clent for nlt the purposes Of this building. Tht
/ r. LAT uf 49, k,+ttl
SOLID. and the entire work was equal to that o.
any building in Chicago where common bricl
are laid. The walls, had the building been com
plcted, would huye stood any storm. The brick!
had not been vet, and should not hare been q
this season Of the year-it being known tha
time for the mortar to adhere, are more eudur
ing than those erected II any other season o
! the year. We are OF The opinion that every ne
|, 3.ccssary precautiou wAs made to protect thps
walls that is usually adopted on such occasions
and that the entire structure would otherwis
bare been strong aud sufficient for tue purpo.
designed. ;,,.
Let tho rnblic examine tho foundations an
. standing wall, and the Stone piers upon wbicl
the iron columns inside the building arc t
stand, and judge for themselves.
RoB7. MAIcox,
UixRr MIL1tR,
EnwAnp 'BralIxe,
3oxArHAx Benz.
Chicago, Nor. g, 1859.
r CHICAGO H1eu ScuooL.-At the late meetIn
Of the Board Of Education 1t was voted IN {,
animation Of candidates for admission to th
\ High School be held on Wednesday, Decembe
t e1st-
twas also voted that the srule Of the Boar
! respecting the time Of holding examinations #
9 admissions to tho High School bs 10 change
= that it will read as follows:
!, "Examinations for admission shall take p1at
q only once year, uear the Close Of the tunm'