Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1890-03-05
STILL ON TRIAL.
THE CASE OF ANDERSON W.
THE CITY
Nos Hes Conoluded-Witnsssss for tht
Plaintiff Still Being Examined-
An OF Yesterday Afternoon's
session Consumed In Hear.
ing Testimony.

Superior Court convened at q. 80 O'Clock,
with Chief Justice CotaeRJs and Asso-
ciats Judge Houston on the bench. The
examination Of Witnesses in the case Of
Anderson Il Son 70. the Mayor and
Council Of Wilmington, was resumed.
James L. Hawkins was called, and
upon bang sworn testified that In pass-
ing along Delaware avenue from the D.
u o. railroad station, he saw tha ditch -
the men had left 1t when they quit work
on Saturday, and remarked to q man
that II II should rain the cellars would
be flooded. The trench was partly filled
not suficient 70 keep the water from
aooding the cellars. When he passed
shat way the next morning after the
storm. he saw that the cellars were
flied, but Was not surprised, a. it was
nothing more than what he expected.
Thomas Fagan Was sworn, and testi-
fled that the day the trench WAS dug he
Was working for Mr.. VanKieek, and
passed there seven or eight ,imes during
the day. He saw the men at work, and
when he passed the last time, about 0. IL
o'clock in the evening, part of the
trench toward the building line WAS part
ly filled but there was no one at work.
William l.. Adsms tsstiiled that 10
December, 1887, he was . police officer
under Mayor Rhoads. Auderson's nouse
Was 10 his district, and he passed there
several times during the night. There
was . storm OF rain and hall, but the
witness had seen - heavj storms before
and since.
The next morning he saw that there
near 10 Anderson's, and thinking their
cellar might also he flooded, called them
up Mrs. Anderson came to the door,
and shortly afterwards the cellar doors
were opened and he saw thst 1t was f,led
with water. as noticed thst the trench
was not filled up. and 1t WAS In the same
condition the next morning. The ditch
extended under the street car track, At d
the witness, fearing that there might be
danger, notified the superintendent, and
he sent two men there with crowbars to
sound the ground between the tracks.
During tho day, whenever q car reached
this place, the hortes were taken out and
the car pushed over.
John Alexander testified he resides In
the house above the new building re-
icrred to by the other witnesses, aud has
lived there eince 1851. There was nc
water In his CELLAR previous to t. 9 storm
Of December 81, 1887, but the next mo n.
ing there was seven feet Of water In Iii
cellar. On Saturday evening the wines.
fell Into the trench, but caught hlmse.
and only went In to his vast. Wher
Audersl n'a cellar was pumped outby tn,
fro engine 1t dralned the water ont OF hi
cellar. Alter The trench was fxed AM
the pavement laid he had no NOR
trouble with water In his cellar.
William Campbell resided next doc
10 the last witness, and had never bee,
troubled with water In his cellar unit
the trench was dug. On that Suuda,
morning he heard water running Into hii
cellar, and found that 1t was about two
feet deep Upon examining at the from
OF the house he found tnat II was rue.
ming In under the porch. He damned II
up with me ashes, but by 10 O'Clock hs
cellar was full. When the engine rump-
ed the water out OF ADderson's cellar the
water lowered la his cellar, but he did
not see much difference until 8 O'Clock ia
the afternoon. The next morning there
was still foot Of water remaining In
his cellar. The witaess 10 . carter, and
worked all day Sunday for the Street
Com mission hauling dirt TO fill the trench.
In the opinion OF the witness four men
should have been ablo to dig the ditch,
make the connections and oil It up IN q
day, provided there was no frost in the
GROUND. Ii the ground WAS frozen II
wonli lake day and half.
On cross examination he said that wi en-
the trench was dug the RrOuLd was
frozen, and the men ware obliged TO
build iires to ibaw It so that they could
dig. The trench was not long enough
for more than four men To work In 1t At A
time.
William q. Alexander testified that he
Ia o son oi John Alexander, who lives
next door to Mr.. Campbsll. he saw the
water In the ditch Sunday morning, and
1t rsmaiued all day. The witness had
helped MIR. Anderson and his son three
or four times during the month Of JAN
uary TO bail the water out OF their cellar.
At4.30o'clock court took recess until
10 o'clock this morning,