The daily gazette., 1879-05-24
THE COUNTY COURTS.

YESTERDAYS PROCEEDIN0S-THE DAM
AGE CASE STILL UNFINIsHED AND
oGRs OVER UNTIL MoNDAY--A NEGRO
THIEF sKNTENCED. ,,.q -,.,.f... l.. ..
reported for the GA zETTE.]
New, CASTLE, May 23.-The damage
suit Of Patrick Magarity against the city
for damages, bids fair to last longer than
the Demby murder trial. 1t has already
occupied two full days, and now goes
Over until Monday, when II will again
occupy the whole session. The following
are the balance OF to-day's proceedings
in relation to tnis case
Daniel Farra testi He'd that he was City
Surveyor from 1850 to 1873; marked the
building lines for Mr.. Magarity's house,
don't know exactly when, but haYe
charge gu my bucks for Remaining these
lines on May 10, 1869, showing they must
have been marked previous; marked the
curhstones also, but did not give any
elevati on for the building; the grade Of
Maryland Avenue had not then been es.
tablished; the raising Of the grade Of
MARYLAND Avenue was made necessary
By the scOnytrnctiOh Of Monroe street
~ wer; in marking the curb lines made
them ia accordance with the curbstone
on the opposite side Of Maryland Ave
nue., which had beeu laid since 1854, at
least. Witness said that in his opinion
the sewer inlets were not sufficiently
large TO carry of the surface water. ,..
At 1:35 o'clock Court took recess un-
I'll 3 p. IN.
AFTERNOON SESSION.
Court reassembled at 8 o'clock.
Stephen Byard, COL, who. Last week,
pleaded guilty TO the charge of stealing
5000 from his uncle, David Byard, COL,
was brought into Court and sentenced to
pay 5000 restitution money and costs OF
prosecution, be whipped with twenty
lashes on Saturday, 3i>t inst, be lmpris-
Oned three months, and wear COWBOYS
jacket six months after release. 'le
The Magarity case was then resumed,
with Lewis H. Springer on the stand,
who testified that the walls of the sewer
were built six feet high from the floor.
VIM. Cauby testified that he WAS
member Of the City Council street COM
mitteee from September, 1879, TO Sep
tember, 1875, and was familiar with Mr.
Magarity's property; bis first recollection
OF the case now In dispute was In the fall
pf 1872, when Mr.. Magarity petitioned
Council tor relief from the overflow; du-
ring the following Spring three inlets
we're puy in; Afterwards Mr.. M Magartty
still cOmpiained of water in the cellar
under his store; the cellar ~ that time
was damp and moist, but didn't think
there was any water in it; Mr.. Magarity
thought the water came from the Mon
roe 81 Get sewer, but the committee were
not satisfied that it did; drain was put
into the cellar by Mr.. Magarity at the
expense Of the cityj the Street Commis-
sioher visited the property, and Mr.. Ma
garity said he would receive relief If the
west side of Mary land Avenue, running
along his property towards Front street
was raisedj the committee finally agreed
| to raise the curb to correspond with the
curb on the other side ofthe Avenue;Mr
Magarity became dissatisfied with tht
3lwork, and SAID be had changed his mine
and did not want the sidewalk changed
he stopped the work when 1t got down II
IL ont of his gate, as he did not want it t.
J., 10 any further; ifthe pavement had bee
raised it would have made cOusiderabl
difference; the work the committee di'
on Maryland Avenue improved til
Istreet; 1 examined the cellar again il
1873; it is my opinion 1t has always beel
a damp one. never was in the back Gel
lar. ,+t.., .-t I-.l ..g
II David II. Coyle testified that he wa
Street Commissioner from 1873 to 1879
he superinten,ted the work of raising
the curb along Maryland avenue; al
tunes the water would come down Mary
land avenue as far as the railroad track
running into Mr.. Magarity's coal yard
where It would back up and overflow
when the work along the avenue wai
commenced, the intention was to rails.
lit ~ or l8 inches; we raised 1t aboat y
inches; we were to raise il from IL to II
inches in front of the house.
Robert Brown was recalled, and testi
fed az great length, in regard to the con
strucliOn OF the sewer on M onroe street
|, which he built from Second street,to thu
neighborhood Of Reed street.
, He descri bed the manner OF its con
: struction, and also testified that he mad
examination of the sewer recently. d
went iu at the south end of Marylaut
avenue, and went as far aAMr. Stewart
\ iroL fousdry; found that some of th'
Joints bad been eaten out, leaving I
couple of holes; one OF them was wild
enough for his measuring rule to 60 into
Witness further said that ON the TT
: inst, he was out on Magarity's pave
| ment Mr.. Magarity said to him that b
did not claim any damages from tn
sewer, but from the overflow from th
streets. He also exami ned the walls G
t Mr.. Maganty's cellar, and found Jher
!. as stra gnt, plumb and perpendicular a
8 when he finished them, at the time tn
' house was constructed. He said th
\ ground under the walls was soft an
. spongy, which, in his opinion, was th
reason the house settled, causing th
walls to crack. ..t
Cross-examined.- am sure that vs.
e on Mr.. Magarity's pavement on the 1t
Of May, but do not know what time
Q The day it was; don't know if had N
O DINNER that day or not; cannot tell II
!. was in the morning or afternoon; do M
!. know If met the City Surveyor thel
: or not; cannot tell on what pavement
stood, suppose that l. was standing {
, my feet; DO not often stand ON my hea
t was there by request Of MT. Macaiil
It ter. Examined the walls OF the Cell
}, on the 18th of May; they were as go'
= of the walls in the cellar. Below !, 90
= street I did not work in the sewer.
~ made the examination of the sewer {
D. 7th Of May last; did it for, Mr.. Macall
ter; did not get $40 for do 1T, nor di
/ tell Mr.. Magarity that was to get
for the job. .fu. .....,,
The witness was cross.questioned IN
81 vigorous manner, by Mr.. Lore, as
d whether he saw any evidence OF settll
le in the cellar wall, after it had stood II
23 nino or ten years. The witness argu
C, all around the question, but finally q
mr. mitred that he aid not, but was satisn
40 the wall had settled, from the fact Il
'9 the brick wall above was cracked.
~ Mr.. Brown was on the stand about
III hour and half, and when he got do,
er he was pretty well played out. ,,..t
he Samuel A. Price, testified that
a. owned the tan yard property near \
= Magarity's house from 1851 to 1868; !
n. fore Mr.. Magarity occupied bis prese
a property, 1t was . low. marshy tract
~ land, generally covered with water
u Witness should not have considered l