Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1879-10-23

within the last thirty years, but three
or iour Of them, even IL that many, are
living nov.
ne next surveyor in order, who was
upon tins block Of surveys, was John
l.. Cuttle who waa there first in IE4y
and again in 1862 when he run out
nearly the entire block. In the san.
year John 7. Hoover run this block of
surveys for Morgan, Rawle and Petera
who owned them. The Deposition Of
lthis witness taken upon a former trial
was read in evidence 10 you. Accompa.
! hyinR this deposition IL draft made by
| Dir. Hoover, showing his location Of
| this block Of surveys. You will notice
| ny the deposition, as well az by tho
| DRAFT attached, that Hoover did not
run the eastern line Of the second tier
/ oi tracts as far south as SURVEYORS
| since have done. He ran only a. far
/ south as the angle in the line Of the
lhonas bdmondson, one Of the Phil
! Fps survey. He there found maple
corner OF 1873 and apparently took it
! loF the southeastern corner Of the
'eofge Blckham where a maple il call
ed Tor; and his draft shows that he
| formed the southern line Of the Bick.
ham by running diagonal line from
The southwestern corner Of the Bick.
ham to this maple Of the Thomas I'd.
Inondscn thus shortening the eastern
/ line OF the B!ckhAm 10 about one half
OF its official length. This would have
been the legal and proper location Of
the Bickham il the apparent gupposi.
/ ton OF Mr. Hoover had been true, that
| the surveyor IN 1898 had made or adopt
ed the Edmondson maple for the south
| eastern corner Of the Bickbsm. But
surveyors subsequent 70 1852. have
found the line OF 1893 continuing
south Of the Edmondson maple the
proper distance for the Bickham and
there found another maple corner. with
pointers or witnesses counting 10 the
date Of these surveys.
You have next the testimony Of
Jacob Crcswcll, a witness examined in
the trial Of this cause ia the L. :. Cir.
cult Court at P.ttsburg in 1907. This
wItEess has since died, and the notes
Of hls testimony taken at that time
have been read TO you. lie testihes
what running he did upon this block
oi survey. and what lines and cor.
ners he found,
David Hough tcstiics to having been
upon this block Of surveys, frat in 1850
and that he made general examina.
ton Of this block in l-Gi You have
MS testimony a. 10 the lines and cor.
ncrs which be found upon the ground.
Recently several other surveyors have
been there and run some OF the lines Of
this block Of surveys. They have each
testified to you what they found. Al.
though, a. was 70 bc expected, the sur
vcyors who have been there more re-.
Gently found less Of the original work.
than they did who were there in an
earlier day.
II Is contended by the defendants
that the testimony OF all these wit
nesses, taken together, shows conclu..
iycly that the lines and corners run
and established in 1873 and returned
to the Land Office, for this block Of
surveys, are the same as those found
upon the ground, and that they fix the
location OF this block Of surveys where
the defendants claim il to be.
The plaintiffs have read 10 you the
notes of the testimony given by II. +.
Ircziyulny upon the trial Of this cause
at PIttsburg. They have also called a.
witnesses Thomas W. Moore, who sur.
veyed these lands in 1864, and samuel
+. McCloskey, who surveyed there in
1868 and again in ISIS. Also James
Caldwell, who examined these surveys
IN company with Mr.. McCloskey in
lN1S. All these surveyors called bv the
plaintiffs, while they admit that there
are lines OF 1923 upon the ground which
suit the defendants location, contend
that these southern lines were Aban-
doned by the surveyor who located
these warrants, and that he located
this block of surveys two tiers OF tracts
or 460 rods north OF where the defend
ants claim II TO be. They testify to
having found marks Of 1913 north Of
defendants location--that they find one
tree counting TO 1898 some distance
north Of the Anderson white oak. which
would be about tho middle Of the Jos.
hAtlock tract, as the plaintiffs locate it.
but would be along the eastern line Of
the Jacob Cox according 10 the defend.
ants location. This, you will observe,
is not north OF the defendants location.
and even should you believe il was
made for a line tsce for this block Of
surveys, it would answer for either 10.
cation.
They also testify TO finding marks
north Of what is known as the hemlock
sapline, within some fifty or sixty rods
from it, two trees, living, which counted
TO 1898, and third one, dead, which
could not be counted. They also testi
iy TO having found the western lines of
the Israel Whelin and William Shelf
and the division line between these two
tracts according to the plaintiffs loca.
ton, which would be north Of any tracts
Of the block according to the defend.
ants location. The defendants survey
ors contend that these lines are not
lines Of 1898, but of 1874, and were run
there for the Thomas Mastou and other
tracts located there in 1894. The truth
OF these allegations you must deter
mine. If these lines are lines Of 1898
they should be considered by you in
determining the proper location of this
block Of surveys. II. however. they are