Daily Republican., 1879-05-24

with me; in some places the water run
ming continually from the morocco fac
tories into the sewer caused some OF the
Joints to N eaten out; observed the
place that Mr.. Bulger referred to; took
a rule and found an opening in one
of the joints wide enough for the
rule to go in; had a lamp
in the sewer with me; found
some cement mortar; (witness showed
the jury the mortar) these two holes
did not extend through the wall; |
built the wall of Mr.. Magarity's cellar;
this was before the sewer was built; the
cellar walls were about five feet; on the
seventh of this month Mr.. Magarity
said that he did not bring any charges
on account of the sewer but that the
loss he suffered was from the overflow
that the inlets wouldn't admit;I examin
ed the walls in the cellar from the floor
up; they are Just as good, straight and
perpendicular as the day when built
them; this was the 18th Of the present
month; after house is finished it may
crack and settle; have known houses to
crack four and five years after they are
built; think it is the cause OF tht
ground being soft that the house settled
have not examined the house inside
but seen it cracked on the outside; the
principal trouble no doubt is on the in
side as the joints could be easily pointed
Cross examined: When Mr.. Magari'
ty as talking to me | was on the pave
ment; cannot tell exactly the spot ano
do not think it would be any benefit tc
you if did; we walked all around or
both sides at the time of conversation;
did not look at my watch and therefore
cannot tell the hour when the conver
sation took place; don't know whethe
it was in the morning or afternoon.
was standing on my feet and notion my
head; Mr.. Thomas and Mr.. Robinson
City Surveyors, were present; ther
was no appointment between us to NEE
at Mr.. Magariy's; Mr.. Magarity's exac
words were "that he did not sustain
any damage from the culvert; it wa
from surface water, coming down Mary
land avenue, Chestnut street, NC.
which the inlets would not receive
went at the request of Mr.. Macallistrr
Mr.. Brown was cross questioned i'll Wig
Orous manner by Mr.. Lore as to wheth
er he saw any evidence of settling in tn
wall after it had steod for nine or tel
years. The witness endeavored to argu
the case with Mr.. Lore and argued al
around the question, but at last he ad
mitted that he did not, Chief Justic
Comegys put the question in relation
the settling in the wall when wltne5
replied, THAT he could not see any ev
idence that the Trick wall above wa
cracked" The witness was on tn
stand for over an hour ard half; an
more than once when question wa
put to him he would endeavor to al
swer it by arguing the case with Cour
sci.
Samuel Price testified owned tn
lanyard occupied by Mr.. Rhoads
sold it in 1868 the final delivery
the property was made in April 1879
know very little of the property to-da.
Mr.. Magarity's property was 10
piece of ground. -,
, Cross examined Would not consd'
the ground proper place to build
house.
At $50 the Jury in this case we
discharged until Monday morning
10 o'clock. The court adjOurne
until Tomorrow morning at 10 o'clocl
Charles Robinson, white and Jam
, Nelson, colored, were discharged tro
r psison yesterday their term of imprl
F.; onment having expired.