The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-11-28
THAT SUIT FOR water RENT
1t Will BE Given to the Jury for Con-
sideration This Afternoon.
INTERESTING LEGAL BATTLE
Testimony That Was Heard Yesterday III
tho Case-Non.Su in the Everhart
Ejectment Case-other Cases
in Court Yesterday.

tho CaSe-NOn.Suit IN the ENerha'
Ejectment Case-other Cases
in Court Yesterday.
AS President w. w. Scranton, of the
Gas and Water company, was the prin-
cipal witness for the plaintiff in the
suit now on trial before Judge Gunster
in the main court room, his testimony
occupied the greater part of the atten-
tion Of the court and jury. He resumed
his evidence yesterday morning and
went on to tell how he estimated the
amount of money that was fair equiv
alent to the supply of water surrep-
titiously consumed by the defendant
steel company
All through the trial there has been
hot legal warfare carried on between
the opposing attorneys. As quickly as
question was put by the. plantin,
either Attorney Johnson, of Philadel-
p,aa, or Olmstead, of Harrisburg, was
up with an objection. When Mr.. Scran-
ton was asked to give the water bills
for which the suit is brought 1t was
tediously opposed, but Judge Gunster
allowed the bills in evidence. In detail
they are as follows:
Water used at converting works
from March /. 1881, to Jan. ], 1891
at $500 a year. sl4, $50 90
Water used at foundry, boiler
machine, carpenter and smith
shops, during same time. -. $3.50 90
Water used ut large mule barn
and Pine Brook mule barn,
or annb
total, $3.50. ...................... 1876 90
Water used through secret l-inch
connection at SG,SOO year. 49,. c. ,S6G &C
Total amount. nt......................$9l,9 ,9il CO
How Estimate Was Made.
The witness told how he fixed those
rates, He said that his estimates We're
based on the tonnage of the mills. The
Scranton Steel mill averaged an out
put'of 100000 tons year. The price OF
water Is fixed at cents ton for year,
making $4,000. Half of this water is con-
sumed in the converting department,
which would make the cost of supply
ing 1t about $4,000. OF this supply be-
tween one-third and one-half is used
for cooling purposes; that is for cooling
the molds, the pit inGots, cupolas, etc.
The amount of money represented in
the consumption of this water would
easily, at fair estimate foot up 81, 500
And the water used at the upper mill
would be about the same. basing the
cost on the relative outputs of the two
mills.
Another way of estimating 1t is by
means of the pump that now forces the
water 10 the mills. 1t sends out 3jO,OOC
gallons of water a day and at the rate
of cents a thousand gallons the price
would amount to $S,4O0 a year Mr.
Scranton thought in the face of these
figures that $1,5OO year was a very
conservative estimate.
The item of watering the mules was
next explained. The usual charge is 81
head. but in the bill only S5 for every
$50 mules was estimated. In the item
of secret connection between the pipes
of the reservoir and the Gas and Water
company's main. Mr.. Scranton said
that pipe was capable of supplying be.
tween SOC. 900 and 600, 900 gallons of water
a day He estimated that $66, ,S6666 was
= a tair charge for ten years. ,....-
AidSltl NltNldillS ANiCbOii Nelo NetiNN
TO testify as to the number Of time!
this Becret connection was used, ard hi
stated that it was not used more thar
thirty whole days in the ten years.
The bill of $3.50 for water used at tn
foundery boiler, machine. and black
smith shops was based on the waite
used at these places according to tn,
estimates made on the other items, be
cause this water was also surreptitious
ly used.
Superintendent Reeves Tcstifies.
With the introduction of the cor
respondence that passed between tn
two companies, Mr.. Scranton's testi
monY was closed. Superintendent Rob
ert Reeves was the last witness for tn
plaintiff. His testimony was in effect
concerning the pressure of water at tn
fire hydrants used at the mills. Befor
the secret connection was taken OF
the pressure amounted to nearly fort
pounds, and after it was taken off
amounted to only fifteen pounds. Th
disparity in the different pressures wa
taken as guide to the amount of waite
passing through the secret 4-inch pipe
Attorney Olmstead moved for a CON
pulsory non-suit, submitting a compl
Gated thread of argument on the ev
dence of the plaintiff. The motion wa
argued for long time and at lengt
Judge Gunster refused the motion an
ordered the defendant to present thei
case.
Attorney Joseph OBrien began fc
the defendant. He told the jurors tina
they proposed to show that the plair
tiff by the agreement of the presider
and directors of the company ha
agreed to change the clause in the col
tract on which the suit hinged. Aftt
Mr. O'Briens opening Edwin f. Ha
field, of New York, president of II
Lackawanna Iron and Steel compan
was called to the stand In 1876 he We
chosen president of the company, whic
was then the I.ackawanna Iron ar
Coal company. In 1881 supplement-
contract was drawn up and then A
torney Olmstead made an offer pr
posing to prove by the witness the CO..
struction of the contract, but cou
would not allow it.
Court then adjourned for the afte
noon. Attorney Olmstead said th
about an hour is all that would be occ
pied in evidence today, but argumen