, 1874-07-07
MILL RIVER,


NcAAtJ N0bA4HlooluuGtAt 1ua NAfo HG6A LA
sosston twelve days, aud have a1arninod forty.
two Witnesses. Tho stenographora report OF
:ho testimony, tho copy of tho 1ecords Of tf,a
williamsburg Roaervoir Company, and Engineer
Davis report make l, 118 pages OF legal cap.
FULL TEXT or THE VERDICT.
conlmontrtalth Of lfassachusets. Hanpshire, a..
An inquisttion takcn at tue Town Hall 1t. Will.
ia1nsburg, in the County Of Hampshire, on tho
by adjournment at the Couts-1Iouso in North
ampson, Ia haid county, on tho 25lh, 26th, 9Th,
18th. 2oth, and 30th dnys Of said month of May,
snd On tho 18th, 2ytl aud Goth DAYS OF juno, aud |
sel Wright, one Of tho special Coroners Of sad |
County OF Hampshire, upon Tia Wow OF the body !
OF JOHN AtkihBon. tlere lying dead, by Tie oaths
Of tue jurors whose names are hores1pto sub
Of said Commonwealth, whot, how, and by what
means aal1 Atkinson cano to hls dcath upon
their oaths do say that amid John Atkinson came
TO his death by drowning Ill Mill River in aald
Williamsburg on Saturday, the 10th day Of May,
1874, at about s. Of tho clock in tho forenoon.
during sudden riao or overflow OF said Mill
River caused by the breaking away Of tie dam OF
tho Williamsburg reservoir, situated on aail Mil
Nvei IN said Williamsburg, about throe miles
and belonging 70 tho Mill River md Williams
burg Reservoir Company.
And the jurora further sny that the breaking
away Of said dam was tho natural and inevitable
result OF tho great and manifest delinquency Of
mating, planning, constructing sud approving for
uHe the said dam and reBervuir, not excoLtlng
tho Legislature itself, under whose authority tho.
Reservoir Company acquired it's chartered prty-
ilegeB
And, l., tho DELINQUENT Legislature: In tho
Judgment Of tho Jurors, the Commonwealth,
through its lawmakers assumed 4 large share
OF tho responsibility for this dlsaster, whom, in
1865, it Rranted a charter to William 6kinnor,
Joel Hayden, LewiB Bol1man, and othcrs. With
f,111 "a audi rrtvthrax fart
struction Of dam IL feet in height, flowing ba-
ain Of 104 aereB. holding about 600 000 gallons
Of water. and overlang'ng at ali altitude Of from
$50 to 80o feet oight prosperous villagos within
4 distance Of eleven miles, the nearest being
three milea distant, with no safeguard or guar
antees for the security Of life anll property be-
low than such as might depend OIL the aelf-in-
tereat or will OF private cltlzon. Indeed, our
statute law, aH 1t has stood for many yeArB, has
been calculated to repol rather than invite care
ful scrutiny Of works like tue Williamsburg dam
or, while it provides thae any person who fears
the destruction Of his property Or Of highway
from an unsafe reservoir may call out tho County
Commissioners for IN examination, yet IL hla
fcara are not indorhod by the Commissioners. ho
is to be mulctcd with the costs and expenses Of
the whole proceeding. In tvlow OF the utterly
inadequate legislation on this subject, aud tho
dcsoatlon aud ruin in the case befoto uB, it s
| provide indemnity for tho past, will at least by
prompt aud atsiugent sotion insure security for
the future.
IL. As to tue proprfctors Of the reservoir !:
it il oyiuent that tho ,propr1e-
| tors as body consulted far less for
tho safety and security Of tho lives aud property
! Of the inhabitants below tho dam than for re-
figure, nevertheless they cannot but regard those
ownors who acted in tug capacity Of ! Building
! Committee az especially Responsible for the
breathing away OF the dam. THEY had little or no
experience iii similar undertakings. They adopt
| ed the plan upon which tho structure uas built
| because Of it's low prico. Thay either entirely
| oyerruled or but partially followed tho advice Of
the engineers whom they consulted OIL Points vital
to the strength of the aan. From parsimony or
| como other unaccol,ntablo motive, they we're led
| ut an early stage Of tho work to wholly disponao
| NTH the services OF the only engnecr in thoir
employ at all competent to suporinteud and guard
| the construction at all pouts When, III tho
aogtesu of tho work. a!Ens of insecurity n, y tue
such as tho action 81 lildden springs aud tho
Hlonghing off Of the banks, they either bnt half
applied tile rofaody or ignored tho danger Alto
gerhor, aud finally the recorded vote Of the pro-
rrictosa thnt couliHel should be consulted aud all
necessary stops taken for relieving tho owuors
! iluln Individual liability in case tho dam Should
faii aud damage and dlsaatar follow, lH speaking
oyidonco that self-iuterest, and not The welfare
Of tho community. dlctnted tho action Of this
| Company.
LII. Az to tho engineers: Tn the judgment Of
| the jurors, there - no engineering connected
| with tie work whicu aoos not reflect equal dlB-
credit on the party employing and tho party ON
| p!oyed. The only engineer by profession en1-
ploJed MAS Julius Fam, who, upon Ills own ad-
| Inisylou regarded himself III but \ mere Rttor-
noy or agent Of The propriotors. yielding hla OWN
| Judgment on points OF safely. and accommodate
Ing the specifications for the dam to the rdqnira-
nouts OF hia ungkilod employers. Tho specti-
catious, moreover, as finally drawn by him, wero
ambiguous in to1tns and defective III details.
| hey failed to require the constant supnt Vision
| Of tia work by u competent engineer, and wero
! ontitely inadequate for substantial and dnrabls
structure Mr. Fonn'B sorsicos, such as they
| were, terminated with tho location Of tho dam,
the draft Of specifications and aolne slight atton-
tion to the preparation for the snporairllcture.
Mr.. Eugene 9. Gartuor, who succeeded him (hy
profession surveyor and a1ohitoot), had no or
periorce or tltneHs aa IN engineer, and, as Wit
ness before tho Jury, claimed that ho Was en-
ployea moraly to ounputa from time to tlVlo the
Jurors llud, however, that hs was the only super.
| intendant or engineer after 1lr. Fenu employed
for any purpoho by tho proprietors, mud they fur
thor nu1 and deciase ID thelr Judgment that the
ent;,o active work Oh the dam, from tho frat
breaking Of grouul Tor the foundation to thl
completion OF the joh, vas without an hour'l
attendance OF q competent and watchful sngin'
cor.
". As to tha contractors IN the Judgment
OF the Jurors, tho contractors guilty OF great
| 2uA A4AAAASak ACAAA1uoAtI III 3AoIAkAS tu0 WI n
required of tl!an even under the specification.
az drafted. Tho epaee required by tls Hpocitica.
tions to be olearel of nlt soft earth, roots, a,.t
vegetable matter, within 30 feet each Hide Of the
central wall, down to hard foundation, waa
found (upon vlew taken by the Jurors in tht
presence of the contradictory porn,eatcd viii
Fragments Of roots. rootlets, and fibrpuH sub
stance throughout much Of the original SWAMI
bottom, as 1t waH loft by tno contractors. 1ht
surface soil was lere removed on1y to tho dsptl
Of single furrow. More than thus. tic layinf
Of tho foundation Of the central wall with large
bou!lerd, supported by small pinuinE stoneb
resting ou tic original soft earth, aud the impor
feet grouting, with e1cesaiynly poor grout, O.
large neetionH OF the wall. soInotilncs 70 fse
long by 8 foot high and feet wide, from
grouelug box stationed at q slngle polnt,-a1
thcse, NTH many other eYideslcos OF wait o
thoroughnssB In preparing the foundations ant
erecting tho Hlperstricturo Of 'tAe DAM cnlrob
GRATED by the large profit contsssodly made OF
the Job, satisfy the Jurors that tho contractors
loel L. Daa4ott aud Emory D, Wells did no
faithfully execute tho work contracted for, ao
oording to tho trl's intont Of tbs specifications
Y. As to tho County CommHAlouei1, who ps.
tl,eir approYAl to the structure in question; Il
the Judgment Of the Jurors, the Legislature In
tentiouAy dayolvea upon the Board OF Count
OomlnaAsonors, when acting upon Btlch al ap
pllealluu ~ Was nntls III the presaut case
dutY and responsibility OF the grayest character
| Dy tho statutes Of the Commonwealth the COun