Daily Republican., 1879-05-27
FIRST EDITION.
our COUNTY COURT.

rho sfagarity Case Before the Jury
1 How Sewers are Buiit-Ths Opin-
tons Ofa COntractor--The Defence
Closes and Mr.. Mncalister Opens
HIS Argument.
lpecial Correspondents OF the Republican.
New CASTLE, May 2sth, 10.
[The proceedings subsequent to those
published in yesterdays late edition
re as follows:
A Washington Cox who was testifying
shsn our last report closed, stated
that he built a portion of Monroe street
ever between Second and Reed on Mon
zoe street originally built by Robert
Brown. The material used was
cement, black foundry sand and lit
lie lime. The sand gave the mixture
In appearance like cement. 1t was
hot the custom to mortar stones that
we're laid next to the bank, but to &C.
hent it on the face of the wall. He in
Building this sewer used lime, saud
Ind cement. ,.,
The sewers are all very bad in Will
pipgton with the exception of those
That have been built recently. Wit
hess said, he while building the sewer;
Recommended the laying OF pipe from
M, Magarity's cellar to the sewer; but
&he was informed that the cellar was
fsw inches lower than the bottom OF
I the sewer. In his opinion when the
shwer was SO full that the water could
f6rcs its way under the foundation and
I hood the cellar of Mr.. Aagarity's it
vould cause the water to rise and fall
ID tn cellar just as it rose and fell In
he se'Eer.
Mr.. Lore closed his rebutting evidence
Ind he began his argument before the
nry. He reviewed the testimony
thoroughly and made deductions IN
iavor Of the plaintiff. His remarks
we're brief. At their close court took a
tecess until 2.3O p. III.
After the Court had re-assembled
Mr.. Macalister, counsel for the State
opened his argument. He charged the
Iury that their sympathies should not
BE of such a character as to seriously
Interfere with the aim of justice. Their
minds should not be Influenced by the
aact that the suit was against the city.
community of corporate rights, and
in view of this the plaintiff should re-
neiye some assurance OF their favot.
Sympathy must not enter into the CON
Siderati0n Of jury.
The real question as issue is. Did
he water come into Mr.. Magarity's eel
ar from the sewer9 The defence al
nits that water came from the streets
There was drain pipe through which
1t could have come in The only Wit
hess who stated positively that the Gel
ar was flooded from the sewer was Miss
Magarity. She stated that it came III
ASH. There must be some mistake
from the fact that the sewer was only
built in July 1872. Her opinions
were only Hypothetical. They were
opinions mind you, for she did
a lot know of her own knowledges anc
were only founded from the fact of he
FATHER digging down by the foundation
f and the water came up in the eXcava
tion.
n Miss MCCARTHY also stated t. hat there
II we've cracks in the house and that the.
were first discovered in April 1875. MIR
Armstrong, tenant, stated that Their
A were cracks in the house IN februar.
lS76. This was not mentioned for TIL
Il sake of impeaching the crediblllty o
Miss Magarity, but for the purpose q
howing how mistaken one may be Ii
an. matter of facts. This witness sus
tained peculiar relations with the plain
tif. She was the daughter of the plain
Etih, ana often and it is quite natura
TOO, when situated as she is, 10
one to 60 just beyond the verge OF verac
y and indulgein unintentional mlsrel
resentation.
We state positively that we do not be
lieve that the least water came
from that sewer. He could get in there
The plaintiffs daughter stated that tn
ater rose and fell with the water in tn
ever. 1t must have percolattd. If
bid then how did it come in so fast an
hen again how did it go away for tn
witness stated that it subsidized almo5
Immediately. If this water came Il
from this sewer and was not surface
Drainage water, it would certainly rais
uch a stencil as to make existence /
ehe house absolutely unbearable. 70
this water, as every one knows, carrls
ptl the refuse from numerous morocco an
bther factories.
Ii has been stated that this sewt
vas not constructed as it should haV
been. Mr.. Springer states that it wa
lhat deep trench was dug for fout
1ation and filled with stones upc
X which mortar was thrown. The o.
lever was built in size foot with dl
pavement and no mortar in the wa
ind there was no complaint. The t"
bewers, eleven feet on Maryland aven.
IL IRE we'll built and cemented and cal
y off the water which vented the W
Yer of the old sewer.
Before the house of Mr.. Magarlty vi
built the ground was spot upon whl'
gathered the drainage Of the hll
rounds. Mr.. Quinn stated that
"A had skated over it while boy; oth
Y witnesses saw duck swimming over IL
Ppot, and all agree that it was o'
place to build house.
When the foundations were laid IL
ground had to be panked in order
make the work salts factory one;wht
house is built on a marsh, how ct
he effect be otherwise than that ss'
pn Mr.. Magarity's property. VIII
This cellar serves the same purpose
he surrounding property as well
your cellar. When 1t rains the wao
runs direct to that spot and does n
come from the sewer.
Mr.. Macalister spoke at eonsiderab
length after which Edward Il. Bra
Ford, ESQ. addressed the Court