Daily Republican., 1879-05-24
FIRST EDITION.
ouR COUNTY COURT.

IN aearity Case Resumed-The
In the Case Discharged Until
nav Morninx-Stephen Bay.
Colored, y sentenced-An Hour
/. Half Consumed in Examin-
Witness.
" Reported tor the Republican.
New CASTLE, May %, 'D.
he late report Of yesterday, Will
Hayes had not completed his
ony. After stating that the ground
hal he would call soft wet ground
d he had never heard Of any de-
1 the sewer; never knew OF any
10 whatever from the sewer and
agarity had nsver made any OBJ
hs to him in relation to it.
es- Examined: During the time
awer was constructed | would visit
Mace whenever l thought it was
sary; never at any time have !
an examination Of Mr.. Magarity's
ty. ~,
isl Farra, testified:-Was City
yor of Wilmington from 1855 to
Twas City Surveyor when the cul.
las built and when Mr.. Magarity's
was built; on the 14th or 18th
h May, 1879, had charge on my
for remarking the building line;
br marked the grade for building
bses; after the erection of the
ng | marked the curb lines; there
10 grade marked on Maryland
lie at the time; recollect the con
ion of the Monroe st. sewer; tht
J of the streets around Maryland
q was mac necessary for the con-
ion Of the rch.
ss-examined:-The curb line fixes
ade for the pavement; the time
ked the building lines | gave nc
lines; there has been curbstone
opposite side of Maryland avenue
has been laid at least since 1854
lets to the sewer are not sufficient
ry off the surface water.
1875 Court adjourned until
k, p. m.
AFTERNOON SESSION.
rt reasssmbled at 3 o'clock.
bhen Bayard colored, who plead
ilty last Thursday week to th'
/ Of stealing Sl0.5O from Davit
fd, was brought into Court. Th'
W sentenced him to pay as cost 0
BUTTON $3.50; be imprisoned si'
LIS; on Saturday May 3lst be whip
18th 90 lashes and alter his releas
<ear a conviot't jacket for ST.
us.
n prisoner was taken back to hi
hd the MCCARTHY case then contln
4 counsel for the defence otfere'
idence petition for the paving Q
T. festerly side of Maryland avenu
Front to Beach streets runnin
&Nr. Magarity 'sproperty.
flliam Candy being called testified
Lie was member of Council frol
SMber 1872 to May 1877 from SEP
IEr 1872 to September 1875 was
Rber Of the Street Committee al
Mar with TIE property of Mr.. Ma
dty's; the first recollection | hav
The work was in the fall of 1872
matter came up before Council b
Magarity asking for a relief of ovel
VI; the following spring tLres inlet
IL put in; after that Mr.. Magarit
4 said he was suffering from an ovel
\ of the cellar, the one under tn
fa; the cellar a. that time was dam
moist | think there was no watt
III don't remember seeing any waite!
III Lagarity thought the water can
5}Ethe sewer on Monroe street tol
+ hat it might be stopped by pu'
but we as a committee were NJ
led that the water came from IL
a drain was put in by Mr.. M
at the expense of the city ; IL
complaint was of an overflow
weekly visits to the Council chan
| finally agreed to take the Con
out and when we went M
Irity said he would receive grej
if the west side of Marylal
be running from his property
street was raised; the c0mmitt'
b to raise the curb up to CORE
with the curb on the opposl
we commenced the work at b
stion and when We got down nei
te he stopped the work and sa
q not want us to go any farthe
ID he had changed his mind al
ot want his sidewalk raised u
prk we done on Maryland Aven'
we'd the street; in the spring
examined the cellar; it is n
bn that the cellar has alwa.
b dam p one; three inlets were p
10 Of them on the west side
be street at the foot of Chestn
be other on the east side of Mo
rect on Mr.. Magarity's pavemen
4 nd H, Coyls tsstitied:-Was Sire
issioner in the city of Wilmingt'
uly 1873 to 1875; | raised Il
llong Maryland avenue at Il
etion of Mr.. Magarity as
ut hy raising the curb twelve
zen inches that it would obvia
C.. erhow /; we proceeded with t
and was stopped when we got
'te as he did not wish us to
hrther; at times the water wou
down as far az the railroad ira
IL hen it would back up and ovt
ss-examined:--We were to raj
avement in front from twelve
pa inches ! was ordered to do t
and then stopped.
lam Begle, re-called:-There We
two holes in the wall which COL
stick through ; they ran in abe
Rches and were Is inches apart a
H. ot 90 through the wall.
Pss examined:-The mortar "
out between the walls.
Y bert Brown recalled-Built
from Second street to the neig
bod of Reed strant. a portion Of 1