The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-02-20
Proceedings or City Council-sp.c u,
Meeting.
COUNCIL CuAMRRR.

COUNCIL CHAMBER.
COLUMBIA, S. c.. February II. 1873.
Present-His Honor the Mayor, and
Aldermen Carpenter, Lowndee, Carroll,
Mitchell. Hoge. Young. Wilder, Carr,
Williams, Griffin and Cooper.
His Honor the Mayor stated that he
had called this meeting for the purpose
OF examining the demand OF Messrs
Goldsmith & Kind-they having made
claim against the city for the value of q
mule. claimed to have had it's leg broken
while riding in the street with loaded
wagon. near their foundry.
Mr.. Goldsmith being present with wit
nesses, Alderman Lowndes made mo.
ton that the Council proceed at once to
hear the evidence. Adopted.
The witnesses-T. J. Harper, John
Crowley and r. Watts-were sworn.
The report OF the Committee on
Streets, to whom Was referred the peti.
ton OF Goldsmith 4 Kind, was called
for and read. as follows:
"Having examined into the petition Of
Messrs. Goldsmith & Kind, and having
conferred with DR.. Wheeler, who had
seen the mule few months after the ao-
oident, would recommend that DR..
Wheeler be summoned before the Coun-
oil, to explain, as far as he knows, how
the accident occurred"
Alderman Cooper explained that he
had examined the place where the aco.
dent was said to have occurred, and
oonld not think that the leg was broken
by the bad condition of the street, as the
rut or wash was net over four inches
deep. He thought it must have been
the carelessness Of the driver.
Thomas J. Harper was called. he was
asked by Mr.. Goldsmith to examine the
road, also to look at the mule. Did go.
The road was in bad condition; was
washed out in the ruts caused by wheels;
it might break the leg of mule, when
he was holding back, as it was on the
hill near the foundry; did not think.
when the ground was wet, ho would haul
much Of q load there; the wash was from
Ave to seven inches deep; the thigh OF
the mule was broken; did not think it
could have lived; advised them to shoot
it; was nine or ton years old; worth
about $3.50.
John Crowley called. Saw the mule
with leg broken; was called on to value
it; thought it was worth $3.50; tho road
where he was told the accident occurred,
was in bad condition; thought mule
might break his leg in going over it;
knew nothing al to the accident except
what be was told.
r. Watts called. I was driving the
team coming from the peniteutiary with
about 1900 pounds of iron; in going up
the bill, the road being ont Of order.
washed out badly, the mule clipped
down and broke its leg; the wash was q
deep one; could not get to the foundry
by any other roule. except to go round
BY Mayor Alexandel's house; usually
went round that way with heavy loads
was warned on this trip by Mr.. Kind to
drive carefully up the hill, as the road
was in bad condition.
Evidence was here closed.
Mr.. Goldsmith made few remarks.
Asked of Council to consider their case;
they had sustained loss. as be thought,
by the neglect of the city to keep the
street in proper repair.
The hall was cleared of spectators for
tie Council to deliberate.
Motion, by Alderman Hoge, that the
case be dismissed Us one which the city
ia not responsible for. Adopted.
Motion, by Alderman Young, that
Council go into an election for two night
policemen. Adopted.
Motion, by Alderman Lowndes, that
the election Of policemen be postponed
until some future meeting. After some
debate, was adopted.
On motion, Alderman Lowndes, tho
Council adjourned.
CHAs. BARNUM. City Clerk.