The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-06-01
FIFTH EDITION,


Tho Damage Case stilI on Trial,
Court convened at 10 O'Clock this
morning, with Chief Justice Lore and
Associate Judges Cullen and Marvel
on the bench.
The case Of Hession VS.. the city was
again resumed, and tho examination
OF witnesses continued.
John Payne was called and testified
that he lives on Monroe street above
Second, and has often noticed the sew.
er and saw TINT 1t was IN O very bad
condition. At one time it was 40
choked with dirt and rubbish that the
water banked up and broke the top of
the sewer. just previous to the flood
OF July, 1891, the sewer was Ia a yery
bad condition, as bags filled with eand
had been washed down from Seventh
and Madison streets. where they had
been used for banking.
City Auditor Btllany was called and
produced the lion book. lie read the
liens against several property holders
N that part OF the city, for tho cost OF
MS sewer. FOR the purpose of show
ing that tho sewer had been built by
.he city and that therefore the city was
ilaple Tor any damage caused by It.
Johh .. Haniey testified that In July,
i l9'l, ne resided at Front and Monroe.
oil his house, the cover OF which was
very heavy. On the morning after
the storm all the manholes from SEQ.
ond to Chestnut street were forced
from their places, and tho water was
rushing out of the one noar his house
five or elk feet high.
He lived there three years, and had
never seen the sewer cleaned moro
than live or six times.
Ey.Gbarim
previous to July, 1891, he received a
contract to pave Lancaster avenue
west OF Adams street. There were
from seventy.iive to one hundred
loads OF sand placed on the avenue be-
fore he commenced to pave. This
| eand was on grade. and during the
July storm 1t was washed away. It
belonged TO the witness, and the city
reimbursed him for the loss
Homer O. Simmons, son of tho
former witness, was called, and stated
that he is foreman for his father.
| About o week before July 80, 1891, the
mon employed by tho city In building
the sewer stopped the witness and his
men paving, and moved their sand to
| one side OF the street.
William Graney testified that in
July. 1891 he lived at No. 1915 West 9th
street and worked ut the gas house.
The morning after the storm, as he
was going homo from work he saw
two man-holes with the tops, which
weighed 2l0 pounds each, forced Off
and the water oaminR out at least
| foot high. These man. holes arc ,aizo6Ehl
| IL Inches In diameter. The witness
noticed that Mr.. Hession's place was
| flooded.
Ex.chief Engineer Robinson testified
that he is civil engineer and was
employed by the city for II years.
Upon being shown the draft made by
Frank r.. Cayswell, no explained the
lines OF the sewers to the Jury. The
Shipley run and the Norris run sewers
drain about 442 acres.
As far as tho witness knew, the sew.
er Was not built In conformity with
plan drawn by an engineer. It was
his impression that 1t was built piece
by piece.
Patrick MCCARTHY testified that he Ia
familiar with the Shiploy run and Nor
ris run sewers and that there has not,
as far as he knows, been any change in
them since 1875.
Maria B. Kiemer was sworn, and
testified that In 1891 she lived opposite
Mr.. Hession's office, and the morning
after the storm sho saw the water
bursting out Of all the inlets In the
vicinity. The stops at her house were
three or four feet high, and the water
not only swept them away. but also
came very near running In her house.
She saw that Mr.. Hesslon's store was
flooded.
John Lowering also testified to the
depth OF the water in the Vicinity OF
Mr.. Hesslon's place, and that ne saw
the covers to the man.holes bursted
off. The sewer had overlooked num-
Der of times previously.
Mr.. Bird then offered In evidence
the official reports OF the Chief Engl-
neer and Surveyor of the cityl from
1876 to 1885, with the exception of
those for 1881 and 1885. These were
examined carefully by AIessrs. Brad
ford and Vandegrlft. after which Mr..
Vandegfift objected TO their being adj
mltted.
In reply Mr.. Bird read the ordinance
which showed that the chief engineer
must make an annual report every
year, which must be sworn to.
Aiter Mr.. Bird had read the ordi-
nance he commenced to read from
| ono OF the reports in reference to the
sewer, whom Mr.. Bradford objected
and the book was handed to the Court
for examination. Mr.. Brac ford said
that lie objected on the ground that
the material was not pertinent to tina
issue.
His objections were overruled by
tho Court ami Mr.. Bird read extracts
from several of them in relation to
the matter.
Mr.. Bird had not finished when the
noon racaRs Yaa tnHnn ai oioloek