Norwich bulletin., 1909-11-30

GGIlO OI lue WeStcTly lONH COuHGli. At the suggestion of Attorney Bar ney, who is being assisted by Attor- ney Kingsley, court took a recess to give the judge and jury, accompanied by counsel for both sides, opportunity to visit the premises under considera- tion. The party was taken in spe- cial trolley car to the Chapman prop erty on the Watch Hill road.
 Court reconvened at 2 o'clock and Courtland P. Chapman testified that he was born in Westerly sixty seven years ago and resided here ever since Chapman family for one hundred years. He said work was done on the Watch Hill road in summer of 1907. In the first piece of land taken he had maintained with a stone wall which was to the eastward of present wall. The original wall, or rather the large stones of it. were taken to the stone crusher and used for macadam- izing the road and smaller ones were used in the rebuilt wall. Gravel was taken out of the hill below that was used for filling. The bottom stones of the original wall are still in place. A large tree was cut down from his property while the work on the high way was in progress. On the first stretch of land that was taken the town built a road on portions of it. That was pasturage land, but he dare not use it that summer on account of the poor wall and was a financial loser of about $75. The tree cut down was valued at s5. The second stretch of land taken was also for the road; a filling was taken from this piece of this land, and there is now an open gap in the wall that was not. there before the work was commenced The third portion of the land taken was utilized by the electric road changes and the stone wall removed. Now there are trolley and telephone poles on the premises. T. H. Gill had the contract for the work, which was done under the supervision of Thomas H. Mckenzie. civil engineer, and Tristan D. Babcock, president of the town council at that time The town has paid no claim for damages.
 Courtland Palmer Chapman. son of the former witness. testified in corrob- oration of the testimony of his father relative to the removal of stone walls and former boundary line, and the use of gravel for filling purposes. He said there were no telephone poles on his fathers property before the road was widened.
 John Hooper Chapman, another son
 
 tion of the evidence of his father and brother, principally in regard to re- moval of walls and changing of bound ary line.
 Everett E. Whipple, town clerk of Westerly. read from the records of the town council, November 4, 1907. and showed $253S2 ordered paid to T. H. Gill, provided claims be paid or sat isfied, and furnish a bond of $500 to in6pnnifV the far dn mo ho record was where the Gill contract was accepted. At the conclusion of the contract MT. Chapman filed a claim for damages, but no vote was taken ordering the payment of that claim. The records also showed that the Pawcatuck street railway was to pay 5000 for the privilege of change in the layout of the road, and did pay that sum. which was used in the pay ment of the contract for improving the Watch Hill road. The record was also read showing the report of the com mittee on the layout of the road, but no plot was submitted.
 John Bristow of Narragansett, a contractor and road builder was the next witness. He had made a special visit to the Chapman property and made examination. The knoll referred to was of mari, valued at cents a cubic yard The wall was not a well barred stone wall and not high enough for farmers stone wall. Witness was an unsuccessful bidder for the Watch Hill road work, and put in bid for removal and rebuilding of the wall the figures he could not recall, but they were possibly in possession of Engineer Mckenzie. The cost of build ing an ordinary stone wall was from $2 to sS a rod. The cost of shoveling a load of dirt into a cart is 20 cents the carting being extra. The wall at the Chapman place was deficient in not having grade line.
 Elmer A. Hensen. a resident of Ston- ington, had been civil engineer for sixteen years, and had figured the cuts and fills in connection with the work. There were 119 410 rods of walls removed and had an experience of thirty years in that line, his father being a contractor. It would cost $210 rod for stone wall with stone fur nished. He estimated that 2,290 yards were taken from the Chapman knoll At the point where the largest fill was made, it would require a wall that could cost $1 a foot and was 200 feet in length, to retain the fill on the high way. Witness had experience in buy ing and selling filling and he fixed the value at ten to fifteen cents. Fifty three rods of stone wall had been re- moved. Witness testified in detail of the earth and wall removed at the several sections of the road and the estimated cost. The present wall, he said, was not a well balanced wall At 4.30 court adjourned to s.30 Tues day morning.
 At Mecca Temple Mystic Shrine demonstration in Madison Square gar- den, New York, this (Tuesday) eve nine Woafor1,, will ho ranrAsapfad 1,x,