The daily gazette., 1879-05-23

sceorIr po,r1cr = pmgP3sr testifsd thss rtft ~ 7
the Monroe street sewer fen H on @e q.
18th Of August, 1871 1oppoaste NJ
garity's house, while the sewer va pnns
constructed. -ss''-'. - = sa~.
Defence objected q shs = d9iSeaS*s !sa Ss|soss Cs
or accidents to the sewer pf6SibkA1.on n ~
Completion, ard the Court s..' s.st.aa a4sc hRf
0.R1sSon Frsnois r. Irons tsstsasd that - =. p
cupted the ssors room IN NJ AAG9fiNS
house from JuRe, 1876, TO Nay ,Cs0s SS /
not. aet into the sewer, woulA h4ek NRni
over the pavement and run mtg M !eqsli ~
The next witness called uMAsJ Joaaellee o
Rhodes, Of Wilmingtons Yh2 bsla3 ~ >
consistent member ~ the S0cles "a
Friends, came up to the witness y Y
~.sT LAKE Ike oil oG yI your hat,s s1cisinsd ~
cr;er = :. n - J9Igbf Il aiiH l3iyfsf q 1871
"It is against my cpnscisnoeItp dosqjf
replied Mr. Rhodes.
Judge Comegys Informed him tnas -
cred it their duty to pncover their hsad4o %
during the miristration 6f Justice. .'','ei
Mr. Rhodes replied thas'he was 06ua'ii
soientiously opposed to this action. - f..
was mark Of respect be considered dud
only to God, and not to man. In his M.
Pennsyl II apia, it had been the cgstqm ofs
he Courts to allow the members Of his
sect to obeyfitheir convi0tiohs'fn thas ~ "
speet, while serving either p Mf9ss 0t si
witnesses. md be was surprised 20 nnd
that In this State these convfctions Wef6
not respected. He, ineant NO disrfepeesi.
to the court, but was simply obeliDg ~ +,
dictates. OF bis conscience.
Judae Comsgys responded that the !
people of this state consider y q mark Of
respect to uncover their headsswhile 10
Court of Justice. "a nd, !" said Hin Hos
Z III must submit to the law" replied,
Mr.. Rhodes, ina tone OF forced fesignap :
tion. ,.fli,ttsnr .snair4oGl fesissiiono hnl
:, :. .Grier," said the Court, "srEssmuoys srEssmu,oy his i
Crier Smith then removed the eonsoisu. 4
beaver and laid 1t carefully on the tabls.
The witness then walked into the boxsG ?
Mr., Rhodes, having bsen affirmed, teee 81
tilted that since the building Of the Mon
roe street basin he had frequently seen
Mr.; Magaritys front oyerhowe6 lwies 81
saw witovefflowed 1t previous to the budM.i
ing of the seWer; the. .inlets Of the sewsr Z.
appeared to be. Insufficient to admit the
water fast enough to prevent II from
Overfiowihg the pavement Witness {
=
Witness was asked what, 9iA his Opin.e Il
ION was the amount of damage suetafnede /,
flows. y 0HH u 'a"''''' -Aaf" 'e'''-S u
= The defence objected to this question, II
but the Court ruled it in order, 50 lopg = a
personal property OF business. ~ . % .ecf
Archiba Given was recalled ard tAg- -
titled that In his judgment the Injury TO
Mr.. Magarity's real estate would be
somewhere in the neia borhood Of eib00.
1t would cost $4,000 now to build house
a. this one was built. iN ,lhFl tif'sH
Witness further further stated that tie
cracks IN the house were caused by wa h.
ter settling around the foundations, as had
the foundation been weak at first the de- -.
the completion of the building. -
Henry M. Mullen testified that Wills
member of the Beard of Health he en- u
amined the cellar of Mr.. MaRarity's
house, during, the spring Of 1875, and -
found II in bad condition, from the Of.
BILE deposit OF mud on the floor, walls,
casts and other ARTICLES there. e.D 31i - oFsl
Thomas Ford testified to. having fire. 3
4ueatly seen Mr.. Mhgarity's property
Hooded with water since the bIiidfue Of .
the Monroe street sewer; onone occasion 10
saw the water flowing into the cellar
from the street, as the sidewalk va
lower than the bed of .the street. Wit ~
ness did not think the sewer inIets were
large enough to carry off the water. Ard
was satisfied'ths Shipley RHs sewer WIS
not large enough to carry of the wstsr !,
from the other two sewers.
Samuel Grimes testified tliat he lived
opposite Mr.. Magarity's property during &,
1871 and 1872, after the building OF the /,
Monroe street scwer, and freq quentiy raw ~
water running into his cellar; have sssn Il
about foot Of water on .MaQarity'1 =
pavement, which would leave q lot of
dirt and rubbish when It receded;i oneS -
saw the cellar flooded to within foot OF /,
the ceiling. Saw the water running into
the coal yard three OF four times; once ,t y
was a foot deep there in some places; mo.
ticed the coal in a pretty bad Condition.
covered with mud. "a 7'li IT '1iIIlll-l " p
At 5'46 O'Clock Court adjourned uHtiI 81
tomorrow morning, at 10 O'Clock. .,545