Morning journal and courier., 1892-04-08

dard spoke he took from off his table amid
much laughter, large map, fully four feet
by ten feet, and asked Mr.. Hill If he recog-
nized it.
eyes," replied Mr.. Hill, cit is the origi-
nal sewer plan of the city and embraces
the Mechanic street among other sewers"
The witness was cross examined at some
length by Attorney Daley, but nothing of
material interest was brought forth. Mr..
Daley produced city year book in which
was reduced map of the sewer system EN-
Gamer and Mechanic street sewers
were not on it, but the witness
replied to the effect that it was not on the
smaller map, because the city surveyor had
not had time to make surveys in order to
have them in the reduced map in the year
book. "The large map" the witness con-
tinued, twas approved by" Mr.. Cheesebor-
ough in 1872. There was a modification
in the matter of Willow street and also in
several other Streets"
The witness then repeated at length his
testimony as given at the last hear
ing in reference to the building of the
built through the streets through which it
was run, rather than through some other
streets which were suggested by Mr.. Daley.
/ Judge Stoddard several times interrupted
Attorney Daley by saying that all this tes-
timony was but repetition of that intro
duced at the last hearing, but Mr.. Daley
| replied that they had no map at the last
hearing, and he continued with the inves-
tigation.
THE DEFENSE BEGINS.
The first witness called on the part of
the defense was John 81. Marlin, the man
ufacturer of firearms of the Marlin Fire
arms company. During the course of his
examination he testified substantially as
follows: "My factory fronts on Willow,
street and runs through to Gamer street.
I was first informed Of a contemplated
change in Gamer street about the time the
opening Of Gamer street was talked of.
appeared before the board of public works
about four years ago. stated to the board
| that If they would not cut that street
| through we would give them land for an
| overflow to Mill river and agreed not to
| build any buildings over it. MIR. Hill
stated that they would not have nything
of that kind where the city did not own
the land. We then learned that the city
| proposed to dump refuse under our very
noses. and we got it through various chan
nels to the sewer committee Of the court of
common council asked Mr.. Kelly why
|
and Mr.. Kelly, who was one of the en-
| gineers, said that he did not see why it
could not just as we'll, and perhaps better.
We had target range where we teste4
| rifles which we would have to remove at
a cost of $500 if we moved away.
Mr.. Hill was determined to have that
sewer run through our property and we
would have fought it even to the highest
| courts in the law. was summoned to
1 11fo L.
| in reference to the damages, but refused to
| it with them, and if the figures were not
satisfactory we would have chance to ap-
peal it. Sometime later Mr.. Waldron asked
me if I was satisfied with the allowance
| granted US. I told him I knew nothing
| about 1t. He then showed me the amount
of the allowance, and said that he thought
| it q pretty liberal allowance. I did not,
| however, think so, as the city
took away all our river front by
means of which we used to land our lum-
Der, and besides cut our property into three
| pieces. I then asked Mr.. Hill why this
| Mechanic street sewer was not published
with others, to which he replied that he
had asked Alderman Dickerman to refe,
the sewer back to the board of public
works, and it was accordingly done by the
board of aldermen. Even now we have 9
round instead of square corner, which
still further damages our property. Al
this meeting Mr. Hill asked me if I would
give him permission to run the sewer
through our grounds and told him no
had offered the city the land once, bu
would not now give him foot of land
There is bed of clay or quick
place is very near to where the sewer is
and some dirt was dumped on it when tn,
sewer was built. l asked one of the me,
laying the sewer, Mr.. Worthington, whethe
he was going to put a sewer there and h
said he was, by order of the board of pub
lie works. told him that it would moi
stay there, as it would be all broken in
very short time. This was afterwart
proven to be the case and in very shor
time the sewer was full of cracks, having
settled perhaps four inches"
The witness then proceeded to relat,
something which someone else had tolt
him, and Judge Stoddard objected.
"The evidence is perfectly admissible,
replied Attorney Doolittle.
"The witness has given US nothing al
the evening but hearsay evidence" sale
Judge Stoddard, land object"
II beg your PARDON" interrupted tn
witness, "but am not giving hearsay evi
dence."
POSSIBLY not" replied Judge stoddard
"you are doubtless an exceedingly skilfu
civil engineer" and with this shot tn,
matter rested.
The witness then resumed: 'Willov
street was dug up by order of Mr.. Hill
and by the orders of no one else. I tried
to have the matter stopped and went t.
Commissioner Atwater and then to Com
missioner States, and the latter told me tina
no order had been ever given. He said the
damn fool (referring to HilD is Away
doing something of this sort and imme
diately wrote an order stopping the work
The dirt from Willow street was dumped
into the Mechanic street sewer for the pur
pose of filling it up"
Judge Stoddard again objected to the
introduction of hearsay evidence.
At this point Attorney Doolittle stated
that all they wanted was the truth and
that they did not propose to cap any one
of the witnesses.
Judge Stoddard replied: "What we wan
is the truth, but again and again tonight
this witness, whose animus stands out
on bis face, has introduced evidence
of a hearsay nature, remarks made
by persons who are both unsworn and moi
even present. This is the most dangerous
practice. If Mr.. O'Brien or any other per
son has aught to say against any person
let them come forward and not hide be
hind Mr.. Marlin or any other persons
skirts"
The witness resumed: II do not believ.
that Mr.. Kent's removal was any detrimen1
| to the city, as we have laborers in our EN-
i ploy fully his equal. I do not consider
| that the city's interests have suffered by
the removal of Mr.. HILL"
Judge Stoddard would not even cross
examine the witness, and he was allowed
to depart.
FERDINAND WAGNER.
The next witness called was Ferdinand
Wagner, who testified that he lived at 70
Willow street. He said: ri went down
into the sewer and it was not piled.
made an examination of some cracks which
ran orossways with the sewer. The cracks
were large enough to put my hand in up
to my thumb. There were two of these
4 cracks, three or four feet apart. The
sewer was not finished, but was still under
construction when these cracks were made.
The cracks were perhaps thirty or forty
i feet from Willow street Nothing was
done with these cracks, to my KNOWLEDGE.
except to fill them up with Dirt
On crosS-examination the witness testt-
fed that he went into the sewer sometime
during 1891, but could not exactly tell
Whist season of the year 1t was, but thought
II was 6ometime shout spring. The Wit