The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-01-05
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COPPER LIKE GOLD
TIN LIKE SILVER
BRASS LIKE MIRRORS
PAINT LIKE new
CROCKERY LIKE MARBLE
WINDOWS LIKE CRYSTAL
SHINING POTS AND PANS
SPARKLING GLASSWARE
Wont Wash Clothes
everywhere
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Gentlemen, you reflect upon the amount
of valuable gray matter expended at
this hearing, and. think, wasted upon
this array Of tables and decimals
But there is method in their mad
ness. Whether they succeeded as against
the testimony of Mr.. Allen and Mr..
Shedd, / shall leave to the discussion
of my senior We have had expound-
led during the trial. the proposition that
it is silly and unlawful to give to the
holders below Hopevile any privileges
which they are not entitled to. How
can you or the experts consider Kettle
brook in its natural state? Man cleared
this valley man built these reservoirs
and mills, man built Worcester of
today out of a COW pasture. How are
you going to see this water shed in its
natural state? You must place your
self in the places Of these mill owners
and they tell you that you must fancy
that the conditions around you are the
same as when the water just went
down that waterway. that you have
no right to receive payment for any
thing above your boundary line I
submit to you, gentlemen, no mortal
man can place himself in position to
answer such vague questions as they
ask 1t is impossible to consider the
value of any piece of property without
considering the value or the property
about it. You cannot estimate the
value of Senator Hoars house without
street in front of it and houses
around it.
There is now another force moving
along through this case, new dis
covery. They say that you must con-
slider the probability that the sewerage
VIII be returned You can well see the
purpose of the senator He SAYS if the
. Do
city would have a right to tear it
down. We can't deny such an argu-
ment, as that is first element Of law.
put when they tear it down we still
have the benefit Of that stream.
Ii 1t be true, Mr.. Chairman, that UNI
der the law you have. no right to do
a thing, where's the right to do it? In
1895 these mills were on a stream with
a regulated flow. According to the
other side, the condition of these mills
We're improved by the reservoired sys-
tenn.
Now, about Peter brook. I under
stand that there is a gentleman present
who has said:
There is a stream that sweetly flows.
But where it goes, God only knows"
II that gentleman will listen for a
moment | think | can dispeI any
doubts he may have.
The petitioners claim that Peter
brook passed to Kettle brook above
the worcester privilege. Now, gentle
men, IN That hearing this matter was
clearly settled. There seems, however
TO be some question as to the term a
dithch, and all Of these men leave
this stream at Gallagher meadow, Here
again you have that label posted by the
defense, impossible. That there was
a clearly defined ditch through Gallagh-
er meadow has been testified to- Prac-
a nf flaar
existence of wall running east and
west. Some testify that at their earl
lest acquaintance with the locality
there was no stream running through
the wall east and west. No, gentlemen.
the reason why the channel is found
today in ditched courses has been
/ furnished by the witnesses for the de-
Tense.
Here the speaker quoted from evil
dence given by witnesses for the city
| at the hearing, tending to show that
1 Peter brook had been turned from its
original course. Continuing, he said, in
! substance;
Senator Hoar has characterized our
claims as idle dreams. Unless [ mis-
take not that is the evidence which will
put them to sleep on the other side.
Now, gentlemen, that is not our evil
dence; that is from their own witnesses.
When Mr.. Fitzgerald created his liv-
ing image of Kettle brook. and breath
ed into that drop Of water, he forgot
these things. Substantially all Of the
| witnesses for the defense testify that
there was a channel to the east across
/ Gallagher meadow. The defense claims
however, that the natural course of
Peter brook was to the south. into
Wake meadow, but in spite of Hassarn' s
dam, part of the water goes the other
way now. Mr. Fitzgerald has gave over
lie
and cross-sectioned it, On top of ali
this mass of evidence he has placed the
plaster cast of Desmond Fitzgerald
Now Mr.. Johnson tells you in words
4 without end that this section is a crit
zeal point. He was attarcted to that
locality. If you would take him as he
would have you take him. the Berk-
shire hills, the Connecticut, the White
Mountains, the st. Lawrence, the Yose-
mite, the Niagara, are not to be com
pared to Gallagher meadow He saws
the stream formed thousands Of years
ago, Now, either he or Mr. Gallagher
don't know what they are talking
about. Gallagher gives you things as
he found them. DR.. Johnson was sum
moned for the defense to substantiate
the work Of Mr. Fitzgerald, because he
placed the marks upon the Topographic
cal map. The limit he places upon the
length of time you are to go back is
/ fOOO years, out i Del1eYe you can get at
the facts by going back 10 or 20 years
Nov, there is one view OF the mat
ter. gentlemen, which must settle this
Question. refer to the stone wall run
ming east and west through Gallagher
meadow. The only answer to our evil
dence on this point is, 1t is such stun
as dreams are made Of Mr.. Hassam
has evidently caught the infection run
ming through this trial, that we are
| freshmen.
SAY, If you like, that MIR. Cover the
owner Of the stream, didn't know its
course, are You going TO say that those
old time builders built that wall across
the stream without building a culvert
| for its course? DO you think the fore
fathers made such mistakes as the re-
spondents charge? Those walls, gentle
men, are the solution Of this problem.
The best evidence bearing on this ques-
ton is what was done years ago rather
than what has been said or done in re-
cent years"
SPANS FLOATING DEBT.
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