Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-04-26
NEARING A CONCLUSION
PLAINTIFF CALLS WITNESSES IN REBuITAL


The Ogden waterworks case is still
occupying the time of Judge Hiies.
The defense, 1t Is thought, will be
through before court adjourns this
evening. The plaintiff has number
of witnesses to examine In rebuttal
and 1t is not likely that the case Will
be submitted before Thursday.
Prof. Forticr was recalled by the de-
Tense today. on hts direct examina-
tion he stated that there had been an
increase in the water since 1890.
Upon ross-examination the witness
admitted that he could not tell how
the water had been used. He could
not tell whether 1t had been used for
the purposes of irrigation, sprinkling
or drinking. with respect 10 the in-
crease of hydrants he based his knowl-
edge upon what had been told him.
AL Leavitt was recalled by the de-
Tense and testified that he paid the
sum of SITS to Captain Spirey for old
iron. In answer to Mr.. Allison the
witness said he supposed Spirey an
agent of the Bear Lake Company.
Charles II. Kurcher, bookkeeper for
the Ogden waterworks. testified to
having been in the employ of the
company. He had made an examina-
ton of the companys books and failed
to find any record of sale of old
iron to AL Leavitt. or the foundry
company.
w II. Rowe was also called by the
defense and testified as to the pressure
of the water on Washington avenue.
Since June, 1894, Ogden city had been
given the public use of the water but
no charge had been made for the same.
There were l04 fire MIGRANTS In Ogden
at that time. A reasonable rate for
the use of the same would be about $40
per year.
Mr. Rowe identified printed paper,
represented as being the plan of re-
organization of the original Bear Lake
and River Waterworks and Irrigation
company. which was introduced in evil
dence. tsas
ii. C. Gilbert, testified that the old
waterworks system was Inadequate and
that the pipes were In bad condi-
| ton.
The defendant has one more witness
| to call, who is in ogden today and the
| defense Is DESTROYS of examining rec
| ord in the possession OF Mr.. w. ii.
| Rowe. BY agreement these witnesses
| will be examined tomorrow morning.
This afternoon the defense Is putting
| In testimony in rebuttal.
| After the News" report closed yes
| terday the defense offered the minutes
of the Ogden city council for June 20,
| 1888, but 1t was objected to by counsel
for plaintiff, and the objection was sus-
| tanned.
Il. II. Anderson. city recorder of og-
| den, was next called. He identified
| certain records OF the city council and
| testified to the correctness of a resolu-
ton of the council ordering the water
works company TO put in a new
MIGRANTS. and recommending that the
pressure he maintained to about LOG
| pounds to the square inch. The council
| prior to the construction of the new
system. made an order directing that
when fire occurred the water be shut
| of from other places In order TO give
enough pressure to extinguish the fire.
| The council also passed u resolution d.
recting that the cost of building new
| system be ascertained.
In 1892 the assessed valuation of the
system was s16S.000
f. HigginbothamiJ r.. deputy recorder,
testified that in 1892 the system was as
sessed at sl6S0o0: in 1893 at $4,000: In
1894 at ISL, 900; in 1895 at 1h7,9O0 and
In 1896 at 5000. 900.
NJ. j. Hewett stated that In 1893 the
pressure averaged from IS to 100 pounds
to the square inch. t-it