The Mankato free press., 1902-06-27
BOTH SIDES REST
Testimony All In Regarding
Broad Street.
The Arguments Will Be Submitted
July 7th---City Puts on Many
Witnesses.


OF. John Diamond against the city was
alIs sgotten.in at :45, p. m. today, and
the, ,briefsswill be submitted and argu-
ments made July 7th at 9 p. m. =: -
The witnesses introduced on the
part of the plaintiff were John Dia-
mond, d. V. Williams, James 81. Bell,
John G. Noe, F. M. Currier, Joseph
Schlingerman, L. N. Holmes, Henry
Schwarble and J. R. Thompson.
The city put on the witness stand
Judge J. E. Porter, Engineer J. R.
Thompson, P.-H. Jordan, the third
member of the board of public works,
Aids. Taylor, Leonard, Deebach, Will
cox, Eichstaedt and Heinze, Clement
Schroeder, Geo. Atchison, W. R.
Mclaughlin Dr. G. J. Holman, Paul
G. Brennan, Jos. Mander6eld, R. d.
Hubbard and J. G. Thro.
The defense placed Mr.. Williams on
the stand again for rebuttal.
The property owners called by the
two sides differed as to the necessity
and propriety of the street improve
ment. The city put on witnesses to
show that the street was in bad con-
dition in wet weather and that paving
was necessary Aid. Deebach testified
that when it rained the street was so
muddy that four horses could not pull
an empty wagon out of it. Geo.
Atchison testified that street was so
bad in muddy weather that he did not
send his teams over it. He has
twenty five borses and employs ten
men.
The city introduced in evidence a
resolution passed by the board of trade
calling for the permanent improve
ment of the principal streets.
The aldermen testified that it is not
now their intention to pay for any
part of the Improvement out of city
funds. They said that the improve
ment was necessary one. The trip
to Mason City was gone into. and
the aldermen testified that the Barber
Asphalt Co. had paid the expenses of
the trip. Aid. Leonard testified that
he had paid his own expenses to
Buffalo. He said that streets there are
paved with asphalt a width of sixteen
to fifty feet.
Supt. Mclaughlin testified as to his
experience in the paving business.
He considered Pitch lake asphalt bet
ter than land asphalt. He did not
know what the life of an asphalt pave
ment is, as he had never known one.to
wear out, Improperly laid with Pitch
lake asphalt. He knew of pavement
laid twenty years ago which is good
today.
Paul G. Brennan of Long Island
City, N. Y, who came to the city
this week to look after the Barber
Asphalt Paving Co. 8 plant, said that
he has been engaged in the compound
ing of asphalt for fifteen years. Pitch
lake asphalt contains greatersscement-
ing qualities than land asphalt, and
therefore lasts longer when used in 8
pavement. The duration of such in q
pavement, properly laid, is twenty tc
twenty-five years. He knew of street
in youngstown, Ohio, laid in 1.-The
seventies, that is still as good as new,
apparently. In New York "a pave
ment of land asphalt had gone tt
pieces and blown away in dust III
three or four years. In Albany, N
Y, land, asphalt pavement hat
worn through and in some places th'
concrete was wornss through. Wher
an asphalt pavement is worn out, ..th'
binder and asphalt surface are renew
ed, and the expense of this is one-hal
that of the original pavement. s-,r--
Judge Porter testified that the curl
and gutter and concrete foundation
are now substantially completed from
Warren to Rock streets, and that one
half or more of the expense. of the en-
tire improvement has been incurred.
The court limited the number o
property owners who could testify a
to the necessity and propriety of tn
improvement to six on a side, to saw
time.
THE suit of the Mankato Mills CO
VS.. ssChristian Postels, an action t
quiet title to real estate claimed to b
owned by both, was tried this after
noon. W. Young appeared for. tn
plaintiff, .and Thomas. Hughes for b
defendant.
...Tomorrows.the suit of Orrin J. Col
VS.. ada A. Cole will be tried. r. Thi
is an action to..secure divorce on th
alleged. ground ,ss..of desertion.- Th
defendant denies that there was an
, desertion and will put up stron
fight. 1T may besthat some interestin
testimony will be introduced. W.
| Young appears for the plaintiff, ian
: A. 81. Hall of Minneapolis for. I'll
: defendant. ----
REAL ESTATE TRANSFERS.