The morning call., 1893-08-09

with you, and will you produce them SO
that the court may determine whether any
dedication was caused by those leases?"
BY Mr.. Carpenters answer it was very
evident at be was no novice in the CIV
ing of testimony. He produced the docu-
ments in the same cool. collec ed. delber-
ate manner as he gave his answer.
Among the very few present Chairman
Smell of the Oakland city water-froD t
committee was cOnspicuOuSly close to At
iorney Brown.
Prosaic-very prnsaic--were the pro-
ceedings and Mr.. Davis objections, neces-
sariiy frequent, began after while to
assume a rather stereotyped form. All
his objections were based upon the grounds
that tie grant of the waterfront property
by the old Board OF Trustees to Mr.. Car
pentier in 1852 was invalid. inasmuch as
The property was of a public nature held
i'm trust by the city authorities for the
people and that therefore Mr.. Carpenter
could not show that he ever had any right
full title to the premises. and all his acts
respe ting the building of the wharf, the
collection of wharfage and docksge, the
leasing Of the properly aad is final trans
fer 10 the railroad corporation were worth
less as evidence. Mr.. Browns questions
were all quite leading and all that it
seemed necessary for Mr.. Carpentier to d %
was TO respond in the affirmative as soon
AS Mr.. Davis had finished st ting his OBJ
lection. Various certified copies OF ordi-
nances passed by the old Town Council
of Oakland were put in evidence and also
several leases executed by Mr.. Carpenter
10 private parties.
OF all the answers given by Mr.. Carpen-
tier, the most important, perhaps, was that
Immediately proceeding the one already
given verbatim.
Mr. Brown called his attention to an
averment of the defendants to the effect
that Mr.. Carpenter had once dedicated the
disputed property TO public use for a
highway.
Il am not aware ofany act of dedica-
tion," said Mr.. CARPENTER. Il certainly
never int nded to dedicate it,"
Briefly and substantially Mr.. Carpen-
tiers evidence amounted to the following
narratives:
"Mv title did not depend upon the con-
veyance of President Amedee Marier OF
the Board of Trustees in May, 1852. The
allegation that | derived my title solely
from that source is not true. AS sources
of title other than this had ordinances of
the city, judgments of courts of competent
jurisdiction and acts of the Legislature. l
Quilt the wharf and kept II up tor twenty
years. The lane was low and generally
covered with water at high or low tide.
The water there was shallow, and in the
estuary of San Antonio was a bar, upon
which the f1at-bOttomed ferry-bOats then
running frequently grounded. John Nc
Cam, John p. Watson and Arson II.
jayne were IN charge of the wharf in sue
cessiOl as nv representatives.. The water
was so shallow that / once had to lie there
more than a whole night myself, ard
finally jumped out of the boat and waded
ashore. The property was worth about
SlO.000y
Mr.. Carpenter also went into history
of the negotiations between himself, the
railroad company. the late Senator Lee
land Stanford, John b. FELTON,. William j.
Shaw. DR.. Merritt. Lloyd Tevis anu the
Oakland city authorities, in which he once
offered the city water front to the railroad
company for $1,000 to induce it to come
into NEUTRALITY-SUSPICIOUS. which finally
did secure the railroad for Oakland. not
witbstapding Leland Stanford's prefer
ence for Rayenswood.
In the afternoon the ordinance of the
old Town Council authorizing the convey
grant Of the waterfront property to Mr..
Carpenter was offered in evidence and re-
ceived despite Mr.. Davis objection. A
certified copy of another ordinance. dated
December 81, 1852, which City Clerk Shat
tuck had written in Mr.. Carpenters
presence also went through the same
process, notwithstanding Mr.. Davis point
that the term of thrty-seven years for
which the grant was made had expired.
Among other papers placed in evidence
were a certified copy OF the act of the
Leg slature incorporating Oakland, one Of
the town ordinance accepting the Broad
way wharf and the schnolhouse given by
Mr.. Carpenter, another of an ordinance
passed in April, 1868, and the original
leases Of Mr.. Carpenter. first to James r.
Smith, next to Michael O'Grady and Mat
thew Rugsdale and finally TO Artemas
Dawson.