The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-06-02

An she Tcstimony FOR the PIasntiG IN |
ana mr.. vanaesrsft 0pens for shs No.
fbnse-There WIN DO Strong Opposi-
tion to the Claim.
Court convened promptly at 2.80
o'clock yesterday afternoon with all
the Judges present, and proceeded
with the Hession damage case. Mr.. |
Bird offered in evidence. the minutes
OF City. Council, for 1877 and other
years, for the purpose Of showing that
there WIS no objection offered, Mr..
Bird read several extracts.
Patrick MCCARTHY was recalled, and
stated chat he built o house In 1869 at
Maryland avenue and Newport pike,
In which he lived for eleven years. He
remembered when the sewers were
built and they Joined about 80 feet
from his house. Before the sewer was
built there was no trouble about the
water and In bis opinion the trouble
was caused afterwards by the sewers
being too small. He had petetioned
City Council several times before July.
1891, for relief from the water flood
ing his property. Council held severa
meetings at the place and the witness
told them that he thought the sewer
was entirely too small to carry OF
| the water.
Maria A. Feimer was recalled, an d
stated that for 10 years she had lived
| opposite Mr. Hesslon's place OF busi-
nese and had frequently seem the
| water as deep as 1t was in july 1891.
She had seen the water in her mothers
house as long ago as 1885.
IL. L. Sergeant was sworn, and testi-
fled that his place OF business is at No.
1o6 Maryland avenue. He has been
there about four years, ana remembers
the storm which flooded Mr.. Hession's
place.
MIR. Bradford objected to Mr.. Birds
questions, and as the objection wns
sustained by the Court, the witness
was allowed to leave the stand.
Owen j. Hession was recalled and
described the condition In which he
found his store the morning after the
flood. He had III barrels OF flour, all
or which was badly damaged. He also
lost whole load OF oats. q quantity
OF bran, corn, mixed oats and corn. hay.
straw, middling, flaxseed and Screen
ings There was loss Of $3.50 on the
building, damage to business $780,
) scales SIS. making an aggregate loss
: OF s742.25.
State Senator John Pyle testified
that he WIS at Mr. Hession's ware
house the morning of July 20, 1891, and
found everything in deplorable con-
dition. MIR. Bird asked what in his
opinion was the amount OF damage
done to the flour. when Mr.. Bradford
said they did not question the actual
amount OF damages and the witness
was allowed to withdraw and Mr.. Bird
rested.
In opening for the defence, Mr.. Van.
degrift said that he would prove that
the rain which caused this damage was
:, the greatest downfall OF water ever
known ID this city. The water could
', not have been carried off by any sewer
y even II 1t had have boon built OF glazed
Y brick and each brick creased.
y The sewers were built according to
y the best knowledge OF the men who
u designed them and were ample fol-
y any ordinary storm. In reference to
the sand spoken of by Simmons on
Front street, he said that IL the paving
had not been stopped 1t would have
been necessary TO tear 1t up within q
week or two and repave it. The rain
'e washed 1t away. but this was an ex
traordinary and unprecedented rain.
=, They would provo that the sane
!, came from the street improvements
:, then being made. No ordinary rail-
:, y. would have removed 1t, as it lay OF
y the brow OF the hill. 1t was a rain tina
y no human force could anticipate oil
!, !, provide against. They would show
- proper condition.
- Theywould show the levels and grades
and produce calculations showing tina
o. no human foresight could guart
against the flood.
He then commenced the examina
e. ton OF witnesses.
o L. Chalkley Hatton was called and
9 stated that he has held the position o.
Q sewer engineer for three years, anc
0 has worked for the city for ten years
o He examined the plan OF the sewers
. and in explaining 1t said:
o The point at Hession's is ~ fee
i higher than the other point From
o and Adams is feet 4 inches 10 wer thai
- Reed and Adams. Other figures wer
Z given by Mr., Hatton regarding othe
levels in that vicinity He gave tn
rise on Lancaster avenue west o
f. Adams. II rises upward OF 100 feet l
o about 1000 feet. Front street carrie
0 water from all the cross streets. Mort
and northeast the grade Is up from
Hession's. South of Hessions tn
Q grade is down to a certain point, tn
place being in basin.
A rain of two OF three inches an hou
would quickly I'LL the street fTor
Monroe after filling the low place nea
lession's.
The area drained Is 443 acres.
n describing the storm Mr. Hatton sal
that 1t was one OF the heaviest dow
falls OF water he ever saw. The mex
20 morning fences and out houses wei
he jammed against the inKress of Ii
sewer on Monroe street above Secont
When his cross.examination close
court adjourned until 10 o'clock tn
morning.