Daily Republican., 1879-05-23
FOURTH EDITION.
OUR COUNTY ICOURTR.
The Ms garity Case will probably
take mp tho Whole bay.

take up the W nOlo I0y,
Specially Reported for the Republican.
New CASTLE, May 73.
Court opened this morning at ten
o'clock, Judges Comegys, Wootten and
Houston on the bench.
Attorney General Pennington called
the attention of the Court to the fact
that Stephen Bayard, who pleaded
guilty, had not been sentenced, and he
therefore asked that sentence be pro.
nounced.
Chief Justice Comegys ordered that
he be brought in Immediately before
the adjournment of Court.
The MCCARTHY case was then resumed,
and the first witness called was VIM. IL.
Quinn, who said that ths changein the
street and inlet had been done part of
the time under his supervision.
Gilpin b. Underwood, testifed-Ex-
amined the premises in the spring of
1876: went there from an invitation
from Mr.. MCCARTHY saw the cellar, it
had some five or six inches of water in
it, it was shown that there had been
wa ter in before looked at it as there
were water marks ON the wall about
two feet.
Edmund B. Frazer-I am clerk of
City Council Of Wilmington as such |
am custodian of the petitions, &c., of
Council; have petition in relation to
the premises of Patrick Magarity; (pa-
pers) shown him recognize these as the
records of the City. Fictitious relating
to sewers are referred to the Chairman
Of the street Committee, the reports OF
the street Committee are usually endor-
sed on the back by the whole Commit
tee. Mr.. Lore offered in evidence the
petitions of Patrick Magarity. Mr.. Ma
callister objected to these papers being
put in evidence. The chief Justice
said they could use the paper to show
what the nature of the complaint was.
Philip Plunkett testiti-d:-Went one
time to the premises of Patrick Magari-
ty to purchase coal; it was three years
ago; the coal was in filthy condition;
did not buy any as it was too dirty.
d:-Couldn't tell how
much coal was in the yard; intended
to have bought four or five tons; think
it was ia the fail, though | am not sure;
did not notice water in the yard.
Mary J. Magarity, testitied:-Am a
daughter of plaintiff; father bonght the
lot in 1862; he commenced the selling
of coal in August 1865; the cellar was
commenced in December 1868; the brick
work was commenced the 18th day OF
May 1863; moved into the house about
oath day of September 1869, the Mon
roe st. sewer was begun in the Spring or
summer Of ISL; cannot say what month
when the house was flushed; father
cpmentel the lotion of the cellar and
also whitewasled it;the cellar remained
perfectly dry; was never troubled with
, water until tho construction Of tn"
Monroe street sewer; the water first
came into the cellar when it was first
let into the sewer;this was in the fall o,
! 1871; the water came in around the
foundation on the Monroe street side;
was the cause Of the overflow the more
j water would come in; ust as the
water raised or lowered in tho sewer,
so it raised or lowered in the cellar
when there was slight rain the water
would raise accordingly remember
when a pipe WAS put in the cellar; il
was put in to carry off the water on
the surface; during the time from 1871
to 1873, could make no U.s. of the Gel,
, lar sometimes We did put articles on
the shelves, but the water being SC
high W. could not get them; finally We
gave it up altogether; iu 1873 or 1874
father filled up the front cellar about
two feet the water would rise over that,
until the city put in a pipe then it
would carry it off ; it would still leave
the cellar damp during a heavy freshet
the water would come into the cellar
window the food would take place
about once every month there is an
inlet in front of the house it is covered
up entirely, the wa'er is caused by the
insutlicencv Of the inlet in that sewer
the water wouli back up in the yard
five or six times a year.
I bul IbP llt t2ulIlIItT ldJHtT WDull
I have about l25 tons of coal; during
: the winter about $50 tons the coal in
= : the bin (25 tons in each bia) about one
b FIFTH would be covered with the refuse
t matter that would come in We sold a
v part of it at a reduction of Is cents pei
ton part Ct it couldn't be sold, and ~
had to use it ourselves have noticed
cracks in the house first noticed them
e on the 18TH of April, 1876; the
: largest crack was in the hall in
; the east side of the house running
5 from the first to the third story; the
: walls were wet and damp and in the
g winter there would be a frozen vapor
' like you would scrape off the window
/ pane, in the closet; | have taken mldew
off the clothing.
: Cross -examined:-The cellar nevel
Y had any water in it before the sewer was
Il built; as soon as the sewer was finished
the water came in from the foundation
it did not come in through the wall
the cellar was never entirely free from
+. water after the construction OF the Mon.