Daily Republican., 1890-03-05
FIFTH EDIYI|


ciayor and Council was resumss
Harry Bennett testified i6,t
employed BY Anderson & Son =,
o. the hood. He describol tho ~
Of the cellar after the water ~
ont, and said that It was moi Al
Tor . long time afterwards.
Robert Anderson testified Nh,
sided close to the plaintiff. and
CELLAR was also flooded. There NJ
smell for some time Afterwards
L. @. vanKleek testiaeI th,,
sides on Delaware .ycuus Al,
Whenever there 10 . heavy rain NM
runs down In torrents from Peprs
and Delaware avenues.
i. Leslis Carpenter was c,lj
tsstifot that he Is the tecre,stv
Street and Bewer Commission.
shown the permit under which Nj
opened the street, and ideuuds,
being 10 bic handwriting. Tia
he issued It to Mr.. Ward on ,bs i
It bore.
Mr.. Bird read this permi,
resolution under which II WA i,
then offered both papers la cyIIs
Mr.. Bird rested with this vita
the defense was opened by Civ
Turner, who outlined the deiea,
jury, after which the eralnlu
Witnesses WAS commenced by b ID
Frederick X. Robinson tes,i6,t
the time OF the storm he WA ch
ncer and surveyor OF this city b
In the employ OF the F., W. /
road Company. He WAS shown
| Of tho weather Of the time Of h
and identified II ~ being In n
writing.
judge Ball then offered Iii
evidence.
Daniel Rogers WAS sworn bu,
dencs was unimportant.
George d. Ward testified Ass
plumber and dug the trea:A u
OF. His meu commenced vol
morning and were Obliged TO
to thaw tho ground 90 tia. d
dig. The witness then desci
trench aud said that II YVES n,l
nect with q private sewer, y
morning no vas called up and
ths cellars were flooded.
| lie Immediately went to the
did oil 10 his power to preye
damage. The work was dnisl
following Tuesday, and the tr
up.
John Hanley testified that
plumber, and 10 December,
employed by George b. w
worked on the trench, and late
afternoon helped to throw di
trench where II crossed ,he
'Alexanier HagRerty tramped
and when the wltnes, aul. wof
before 6 o'clock, he lett Hatg
his brother at work, filling III th(
| Alexander Hsggerty, Auo,ht y d
men, testified that he heipei Y
trench and worked until ncs ny
Saturday evening, He hplshe
the trench on Tuesday, and pu
until it was even with the Il Jew
II was filled up II was solil el
allow . wagon to pass over it.
ness has been engaged digging
for plumbers for Year,, and th
work was donc In . prppeI
William HagRerty, who va rke
witness, was his brother, but il
since the last trial.
Frank H. Carpenter was {
testtfied that ct the previous Il
notes Of William HaggertB's
and was about to state what he
Mr.. Bird objscted. An arg
sue,i. which was ended by the
Gliding his evidence could DO
conditionally.
He then said that William
testified that he WORKED Dn t
and assisted 10 stopping no
with cement, handed to hin
Ward. He also testified that h
In filling the ditch.
Charles G. Walther test iile
December, 1887, he worke 4 as
ter on the new building, No.
ware avenue. He saw TN mer
OH the trench up till 5 O'Clock
afternoon.
Francis McCloskey testified I
street commissio er and was
On January I, 1888 he received
. dangerous hole In the street
ware avenue. When the mes,e
the wltuess told him togo 10 Nj
his foreman, and tell him 10 To-
carts aud men necessary To pr
water doing any furthel dam
Witness afterwards went 10 the
i found Moran at work dbinf e
possible TO prevent turtle inlar
There was = vast body 0f waIe
: down delaware avenue a pol the
! had It damned at Van Barren III
Thomas Moran testi1 III thai
oember. 1887, he was 3 ioreul
, Street and Bewer Department
day, January 1st, 1883, MI ]
came to him with orders from
Closkey 10 take men and caru
ware avenue to stop 4 flow Of y
obtained two carts from Nj. \
and went to work. W len bt
ger Game the witness bad q
Sunday clothes, aud wbt'
through work they we're abosi
(, make them pay va
. clothes" said M. Bird. n
William Campbell was re.ei,,
testified tia. bs Wa eal plosd
| Moran aud had iva cartb Ut wm
Joseph l.. Car Penter, Jt,
! that he Ia President Of the W
Sewer Com mission. slr. Aaa !.
not say anything to him about "
ton OF the trench or fiillpg y Y
on Monday, January 2, or a. =
time. On that day Mr. Anae''vy I
to him about the damage 10 ,
tanned, and the witness DID ts', !,
he had nothing WHATEVER " w :,
Allen 6pcakman test ned tna'
been engaged in the y ,iuioi ~,
Tor the past twenty Jeffs' ~
time he has built IA gre mary :,
sswers. In his opinion y way i
was filled was suffice 70
water IRON running I'M vac es"'
ordinary circumstances a,ile,
John Q. Biison wss q so V .'"on
expert and gavo similar les''i ns /,
John Taylor tesiliiei .'a A., :" A.,
grocer and has sold zoe US " 4
Son. lie did not supply 'l nm
: sac price, but divided '"' P
, them. ,,soI
George Boughmsn IT, ''' an
. grade OF Delaware aVf NV Vii
Ball asked that the lury sIou s,s,
ed to visit tue place tlDu ,,sc,,,
surroundings. MIR. 81 2 ny .s,trl
ground that neither ll' ina
water was there now, W"
was sustained. l. q rec