Daily Republican., 1879-05-23
The srier performed this duty as deli


cately as he possibly could, and the hat
being removed Mr.. Rhoads appeared in
the witness box. When the oath was
about to be taken, Mr.. Rhoads said that
he would affirm. The Court OF course
had no objection to this. and on being
questioned said that he had been in
the neighborhood for ten years in the
way of business. Ihad subsequent to
the building of the Monroe Street Sew
er, and up to the present time frequent
ly seen his front overfowed with water,
which water came from the streets;
never saw it overhowed prior to that
time; the water came principally from
Chestnut street and the northwest side
of Maryland avenue; it always in heavy
rains brought down large quantities
of sand, mud and other rubbish; the
inlets of the sewer appeared to be en-
tirely insufficient to admit it fast enough
to prevent the water overflcwing the
pavement; noticed the inside OF the
cellar to be flooded with water about
two feet deep; | have Seen as much as
ten inches of water on the side OF the
house; about two inches of mud no
ticed cracks in the house perhaps three
or four years ago, my attention has not
been drawn especially to tnat, i'll his
oponon the damages to dwelling, store
and yard, would be $1,000 moderate es-
innate, as regard to the damage OF yard
he would not make any statement; when
the new culvert was built the street was
filed up Is or IS inches, since the COM
pletion of that job there has been no
filling up; my curb lines were raised
ten inches; it was done by the city.
Cross xamined:-This filling up was
directly over the sewer, where it cross
es at Maryland avenue; my estimate is
the difference of the value before the
raising of the street and the present
time. | cannot fix any figures as to
the exact amount of the injury done
to the building; have had no means
of knowing that the sewer leaked;
know nothing about any leaking.
Archibald Given:-Have seen the
cracks in building, in rear wall and
on east wall; in my judgement the in
iuries done to the house is in the
neig borhood of $500; don't think
there was three better houses built at
that time; it would cost $1,000 to-day to
build it; never built but three better
houses than it in the city of Whining
ton; the house was up some years be
fore it was cracked; if there is a weak
point in the foundation it will show
at the windows; shortly after house
was completed | went to look after it.
ross-examined:--I examined the
house during the fall, this was on the
outside can tell whether building
, is cracked without going inside; the
foundation was supposed to be good.
Henry NJ. Mullen, sworn:-Was
member Of the Board of Health of tht
city of Wilmington in 1876; examined
the cellar of Patrick Nd -arity in thu
: year of 1876 or thereabouts; found th'
premises in bad condition from the
effects Of an overflow of water; was II
, the cellar; found there had been flood
considerable deposit of mud on the wa!
and floor; there was mud, sand AMI
dirt adhering to the side of the wall
the bottom Of the cellar was covered
) over with deposit of mud, dirt OF
, filth; this was in the spring of 1876
did not report it as nuisance.
} Thomas Ford:-Was member ol
f City Council of Wilmington in 1875 an
| 1876 am acquainted with the localit.
: of Mr.. Magarty's place been acquain
/ ted with it II or II years | knew
before he got it have noticed overflow
. since the building of the sewer; sa'
/; water in the cellar two or three times
. did not have any particular reasons G
| seeing it until nay attention was calle'
0 to it saw water going in the cellar il
: the spring of 1875 two or three feet
J.. water went into the cellar it came frsr
e the sidewalk this was because tn
T.; sidewalk was lower than the bed Of tn
I street there were three iulsts to tn
e sewer, they are not sufficient to carr
' the water off there is one small inle
y on Nonrse street, one on Chestnut tEer
e is what is called man hole on Mary
1t land avenue was member of the bod
9 when hs made complaint; think the
0 promised two or three times to fix it.
Samuel Grimes testified to living or
| poste the property in 1871 or 1877.
e have seen water running in cellar dool
n both windows; have seen about tot
e of water on the pavement; when tn
it water passed away seen lot of dirt an
y rubbage on the pavement; have see
e water running in coal yard three
four times; at one time it was in som
r places about one foot; man could NJ
!; get dry shod; could not get in til
t, stable without wadding through it;coa
l. was in bad condition; twice in tN
Is years have seen water running into tt
cellar.
n Cross -sxamined-On occasion see
n the water running into the cellar thel
of was heavy rain; what | saw can
from off the street.
ID Court adjourned at $50 until t
Y, morrow morning at 10 o'clock.
5; After the Court adjourned four eli
it officials, occupying two carriages, and
d gentleman who is well-known own
er Of fast horses, started from New Cast
| at 6.15. The city official who is a
knowledged as the heaviest weight
re all the officials, and who is known
his neat black noustache, and who
n companion was the City Council II
t Singer, distanced the whole crow
le arriving in this city far ahead OF tt
le others. One mile was timed, and W
lg made in 2.5Sa.
IS Book Beer.
All lovers of the above eXhlllratlr
.ho,ll ham in mind tIa IA