Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-12-02

the contract, which provides for the grad
ing of street from @ street and Christi
ana avenue, to Glow water mark in the
Ohristiana river also on q line of
Fourth street extended from the Brandy
wine to the Delaware. The contract price
was $12, 1856, to be paid monthly
as the work progressed. The witness said
the winter weather prevented his COM
pany from completing the contract by
July LIST, 1882, as required, and he asked
an extension of time, until October, which
request was granted. A further extension
of time until July, 1858, was asked for by
Mr.. Barker of the Dredging Company, ON
December 18th, 1882, as proved by o
letter produced by Mr.. Turner. Mr..
Cotton also admitted a letter written by
him on November 10th, 1888, in which he
stated that all the work was done under
the contract except the filling between
the bank and low water mark on the
Christiana, stating that a wharf was
necessary to enable this part of the work
to be done, and also that the company
would nuke rebate of 5000 if tbs part
of the work was omitted, and finish the
work for the amount of the rebate il the
city built the wharf al time within three
years. A further letter fforr M Coitor
in relation to settlement, Woo shc~
and acknowledged. This bore the report
| of the opening streets committee to the
effect that when the contract was COM
pleted Council would pay the bill, which
| report was adopted by Council. Witness
| further said that Council held meeting
on the ground during December, 1883, at
which time he was given to understand
that the work was accepted, and the COM
pany exonerated from doing anything
| further. He said the request for the
company to cease work was first made by
Lewis Paynter. Amos A. Eastburn also
made similar request. The request was
| made on the assumption that 1t WAS uss-
less TO attempt to build the street to low
| water mark until the wharf was built. He
| admitted, however, that the contract was
| for atreet to the low water line.
| Mr.. Hotfeoker offered in evidence q
certificate from Chief Engineer Robin
| son, to the effect that the work on both
| streets had been completed.
Osborne O. Purdy, superintendent of
the National Dredging Company, said
that in October, 1883, William II. Blake
and Amos A. Eastburn, members of the
| City Council, called to see Mr.. Cotton,
but he was out of town. They made a
| proposition to settle the controversy with
the Dredging Company by the payment
| OF $2, 500. He telegraphed to MIR. Cotton,
who was in New York, but got no reply.
/ They said they could make cash settle
ment if their offer should be accepted,
and said they would give him a cheque in
| the morning. He went up TO the Council
chamber with them, Council being in
session at the time, and saw George Adele,
/ who also urged him to make the settle
ment, but he told them he could do moth
ing i'll the absence OF Mr.. Cotton. The
| work had been completed at this time.
Levi c. Garrett, who was chairman of the
opening street committee of City Council
during 1928, testified that his committee
had charge of the work done by the
Dredging Company. The company twice
asked for extensions of time in which to
complete the contract, and both requests
were granted. AT the committees re-
quest, the city engineers examined the
work and after some further addition Of
earth TO the South side street, reported
that the work was done. The company
requested . settlement but the committee
reported III favor OF ia. ing the bill when
the work was dJL. Iue South side
street Lad not hee.. file up to low water
thar, and the con.aitfee afhr visit
ing tie place, decided thut it was
useless to finish the work without
having wharf, which the coplpany'i
contract did not call for. In December
1888, Council met there. There MIR
Turner objected to the witness testifyinf
" a Council meeting being held, as tht
Lssautes of Council could he produced /.
! l 80 GA I xrrit, aI
lowed to proceed, however, and said tina
at this meeting Council agreed that i
would be better not to have the whar
built and tosettle with the Dredging Com
7 pany. At the next regular meeting i
was suggested that the company woult
: wait for settlement until the next year.
appropriations were made, and he wa
instructed 10 ascertain if such were tn,
case. He saw MIR. Cotton, who said tn
company would wait.
On crosa-examination witness was show
the bill of the Dredging Company, dateC
October 18tn, 1883, for So, 445, balance o
contract, with report ON the back TO tn
effect that the contract vas not completed
The report bore his signature as Chairman
of the opening streets committee, am
, he acknowledged the signature. Othe
! reports to the same effect upon the Drede
I ing Company's communications, were ais
admitted by the witness. He said hi
understanding of the result of the meet
: ing over on the SoRth Side was tina
, Council was to pay the Dredging Com
pany's claim of $3, AS, less rebate O
, $500. He admitted that Council neve
gave him or his committee power TO &C
in the matter.
, A. f. Messick, clerk of City Council
. identified the roll book of City Council
? and, in response to Mr.. Hoffeeker's ques
f ton said il seemed as though page nea
9 the front of the book bad been cut out
Mr.. Turner, however, showed that on tn
first page prior to the missing leaf tn
9 last meeting recorded was on Septembe
I 9th, 1883, while on the page next TO tn
I missing leaf the first meeting records
: was on October 4th, showing that ther
. could have been no record of meeting
! missed by the mutilation. He also ider
s tilted the minute books, and showed tina
. appropriations had been made for roa
to the Delaware river in 1S81-2-3-4. Tn
. last was an item of SO, 400, which NJ,
e Hoffeeker claimed was for paying the bal
ance due on tho Dredging Oompany's cor
g tract.
Ex.Clerk of Council II. @. FrSim test
fed that the 1884 appropriation of Ss3, 40
I was made for the purpose of completin
e the contract for the road to the river. =
1 At $50 o'clock court adjourned unit
a 10 o'clock yesterday morning, when th
n case was resumed and occupied all til
morning.