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

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TIE IIcssisn Damage Cass Axsi.ss the
City Occnpies de Astensisn 81 the
Court Al Yesterday Ansrnosn-
Court resumed proceedings at $50
O'clock yesterday afternoon and Inn
mediately proceeded with the case OF
Owen =. Hesalon vs.. the Mayor and
Council OF Wilmington.
Frank ". White, upon being sworn.
testified that he resides at No.721 West
Second street. He had frequently OBJ
served the sewer. and as general
thing the mouth OF IL was filled with
eand, old tomato cans and other rub
bish to within foot or two OF the top.
He also noticed an old boiler lying
near the mouth of the sewer the Sun
day before the storm OF July 20, 1891.
Tho sewer was In very bad condition
ten DAYS before the storm.
Albert Sergeant testified that his
place OF business is at No. IO8 Mary
land avenue. and 70 the best of his
knowledge the rubbish. mud and sand
had not been cleaned away from the
mouth OF the sewer more than twice
In twelve months. The end OF the
witness place OF business Is Just over
the mouth OF the sewer.
John A. Todd was the next witress,
and testified that he rasldes at No.
Oil West Eighth street but formerly
lived at Front and Adams streets,
about half a square from Owen ].
Hession's store.
After the worknen stopped clean.
ing the sewer In May, 1891, there was
ut least two feet OF sand In the Norris
run sewer, at Front and Adams streets.
The morning after the food he saw a
gang OF men cleaning out the sewer at
the man-hole.
William ]. Rush, who at the time of
the flood lived at 1o4 Adams street.
testified that on the Sunday before
the Hood he looked into tho inlet and
saw that the basin was nearly filled
with sand and rubbish. He looked d own
the man-h ole in front of his house. and
saw about eighteen inches of sand and
gIavel In the sewer.
Mrs. Catharlns Farley testified that
the sewer was cleaned in May. 1891. and
not afterwards. It could not have
been cleaned without her knowing 1t.
Tho residence OF the witness was also
Hooded during the July storm. The
estimony OF this witness was corrob
grated by that OF John L. Reed, who
lived at No. Ito Adams street.
Mrs. Mary A. Joyce, who formerly
resided at No. $50 West Front street,
testified that her place would rot have
flooded II the sewer had been cleaned
out.
John 7. Srragg testified that he 70
sides at No, 200 Monroe street, md
that previous TO the Hood lie had called
the attention Of Street Com missionel
McCloskey, to tho condition of The
sewer. and that he promised to hay,
1t repaired, but did not do SO. There
was great deal of dirt and rubbish
In the sewer.
! Ellap kT,tlInIn,v &xaA;god kL.A -
sides at No. 73Y West Second street
and tho day previous to the storm the
sewer was filled with dirt and rubbish.
Hugh Mckinley testified that on one
occasion, some years ago, City Council
visited the place in hacks. and after ex
aiming 1t, said IL was In bad condition
At that time 1t was filled with old
hoop skirts, tin cans and other rub
bish.
John H. Bennett was sworn, ant
stated that he resides on Monro,
street. he had seen stove pipes anC
all kinds OF rubbish in the sower. Til,
city built the sewer and sent him bill
for his share Of the expense. which b,
did not pay.
William nogerson, who owns prop
erty at ZIG Monroe street, testified tina
he could not see the bottom of tn
sewer the day before the Hood, Oh ac
, count OF the dirt and rubbish.
Mary Shannon. residing at No. 81,
Monroe street, testified that lien hat
been placed on her property for build
ing the sewer. which she had paid.
, william A. Brown testified that h
/ could not get out of his gate for som
time on account OF the piles OF dir
taken from the sewer. He had a hill
sent to him for his share OF the work
, About o'clock court adjourned un
TIL 10 o'clock this morning.
. AN IMPORTANT CASE.
Aside from the fact that the dam
ages claimed are very lnrgg,- ..fivre ar,
also number OF 5t1..Iel cases depend
I ing on tbN-I5sult uf this. II the yer
dict Ia this case should be against tn
} Gty the following parties will ais
push their suit, unless a compromise /
: effected:
Francis W. Hyatt, John Magilley
John Spragg, John +. Spragg. Fran
} W. DeValinger. Hugh mckinley
Daniel G. Haughey. Francis J. Haughey
John II. Bennett. William A. Bfowi
. John A. Todd. William j. Rash. Catha
, rine Farley, Rose Kyle, Levin l.. Shocl
, ley, Michael Joyce and Catharine Hal
J rigan.
/ Consequently Mr.. Hesslon1, CLAIM
, Will be vigorously contested, as tn
aggregate OF damages in all thes
/ casea will reach nearly 100000. whic
7 Will have to 10 paid by the taxablei
Eminent counsel are engaged ON eac
side and the battle will be one of til
greatest that has transpiied In th
legal arena for some time.
o The following are the jurors In tn
Hession case: Arnold Naudain. Whit
Clay Creek hundred; George A. Ciea,
er, st. Georges; w. f. Husband,
Brandywine; Elwuod w. Crossan, Mi
!, Greek; Benjamin Gregg. Mill Greel
!, Robert l.. Traux, Appoqulniminl
u James NJ. llurd, Peneader; jaime
= II. stats, Blackbird; J. Atwood We
din, Brandywlne; Douglas Mccoy, Ne,