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Altoona Evening Mirror Newspaper Archives Feb 2 1876, Page 1

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Altoona Evening Mirror (Newspaper) - February 2, 1876, Altoona, Pennsylvania Vol. , a wednesday february 2, 1876. Two cents. Closing out Cost of Thos. Woods did not examine it very closely suppose it to be damaged $300 All the property along there is damaged about the same. Did not go Over the pro office Comer eleventh Avenue and twelfth St., Petty of we. Woods jr., on seventh Street a building could not be put on or. A a Brt Blu. W. J. Flhm1no. Slep amp Fleming editors and proprietors Altoona Blair county. A. Court proceedings. To Maee Boom for a new Stock. Reported for the Mirror. Second week tuesday Horning. Court was called to order at 9 of clock this morning and at once proceeded to try the Case of a. J. Cherry is. J. N. Cunningham and wife. This was Ait action on a mechanics Lien. The plaintiff sought to recover of or. Cunningham a Bill for materials furnished a the erection of a House amounting to $93.48. Or. Mackey Foreman and or. Cherry fagans damage is about $500 it was a owner of the Mill which furnished the Lum in at Deal of damage to All of them. Fagan s lot Over the sewer in safety the sewer is about sixteen inches beneath the surface the lot has gravel stones Over the surface do not know How the property was before that at or. Fagans request i measured the Earth Over the sewer. Thos. Garrity live in Altoona in the neighbourhood of this sewer have examined the property of Thos. Woods it appears to me the valuation of the damage Council it 1873, in Altoona City it was under the supervision of that committee that the sewer was built we came up As far As sixth Street stopped there in the fall of 1873 we commenced there again some time in the following Spring i was a member of the committee again in 1874, and had charge of the building of the sewer we followed tin route Laid out by the original committee we considered that the Best place to put the sewer because it could Drain both eighth and seventh avenues and thought it would be a diaper to construct it there than in the Alley there was a Stream of water when i first knew the Street ten or twelve years ago it was locality of or. Fagans property it has in my estimation been enhanced in value about one half by reason of the sewer thereby getting rid of the open ditch. J. A Noble live at Belles Mill am acquainted with the locality of this sewer i came to see it by being one of three arbitrators who were appointed to try the Case of damages tile property has in my opinion been increased in value by the erection of the sewer. John Rockett. Was in Council in 1873 saw the sewer Laid out was one of the committee of permanent improvements in 1s74 it was the duty of the committee to oversee the building of the sewer we Fol is pretty fair at $400 it appears to me the natural drainage of the City the water Lowed As nearly As possible the route Laid out that the sewer is in the wrong place the j stood there before there was any sewers in by the committee the year before do not sewer could have been dug along eighth Avenue consider the valuation of or. Wanted. A Hundred agents a i oat of employment ens make from two to Throe Dollar per Day. Apply to room 7 american House no. Hos tenth Avenue. Altoona the. Con Kad a co. Middle aged woman to it a a general Home work in a Amati family. Apply at thy office overcoats cassimere suits dress suits heavy cassette pants Kentucky pants underwear hand knit stockings heavy Winter Caps gents mufflers ladies furs gents heavy Blue shirts it ii this Stock will All be closed out at Cost. Ber took the stand to prove the Book account. I or. Rodamer the contractor and or. Cunningham owner of the building were called to prove in defense of the claim that the Lien had not been filed within six months after the last item was furnished As required by Law. Verdict for plaintiff for $106.48, the amount of Lien with interest. Messes. Landis for plaintiff Alexander amp Herr for defendants. Win. Malady administrator of we. Woods sr., is. The City of Altoona. Thos. Woods is. Same. We. Woods jr., is. Same. Lawrence Fagan is. Same. These four issues were joined before one jury boing for trespass against this City for building a sewer across the lots of complainants and the same evidence covered All the cases. Or. Fagan was called and testified a these lots lie on the East Side of eighth Avenue Between sixth and seventh streets draft shown witness this draft represents their position am now in Possession of the three lots marked a Al. Eagan a went into Possession about 1862 or �?T63 and have remained in Possession Ever since the three lots have three buildings on them next to me is Thos. Woods no. 61 he has been in Possession some seven or eight years his property has three dwellings on it next to him is William Woods or. I sold to his son who is dead now the father and son Are both dead now the next is we. Woods or. He bought first from me and had Possession eight or nine years and has held Possession Ever since he has three dwellings on that they were All in Possession when the sewer was made they commenced making a sewer in �?T74 in lower Corner of our lots it was done by the contractors for the City of Altoona Tho sewer was about nine or nine Aud a half feet wide at the top and about nine feet at the Bottom think it was about seven feet deep it wa5 built of Brick the Earth was thrown on both sides on the lot biases my tar interest James Ric Habaugh live in Altoona on seventh Avenue Between sixth and seventh streets on the Square opposite to these plaintiffs have not examined their property since the building of the sewer saw the sewer when it was made in regard to or. Fagans lot and Garden it is rather thinly coated Over with dirt the property presented a torn up appearance when they went through there the Bottom roil is on top now it has impoverished the ground. Timothy Nolan i have seen the property through which the sewer passes did not take much notice of them since the time the sewer ran through there at that time i would say that if they were mine i would not take less than $200 for the damage to the property. Vith this evidence plaintiff rested and or. Herr opened for the defence in an Able Speerli in which he offered to prove that Council had been import Ned for a sewer at this Point that a sewer was necessary to the residents of that neighbourhood and that its construction enhanced the value of the property instead of damaging it. There was formerly an open Stream of filthy water there and the sewer cured that evil. John Swartz i was president of Council in 1873 it got into Council that the citizens of the East Side had several meetings in reference to the sewer i passed through there frequently and found that they Laboured under great inconvenience for want of a sewer at ninth Street i then appointed a committee to go Down and locate the line of the sewer we went Over the ground examined and the conclusion was to put the sewer on the natural route of the run after locating the sewer we instructed our councilmen to see the parties on that Square who owned the land and Tell them where to locate the sewer there it was a very Large sewer we would either have to dig a ditch through the lots on one Side to turn off the water in that course As there might he a Hood which would do More harm than the sewer the Engineer there the summer season and it was in an in know much about it the committee in my healthy condition believe or. Fagans and presence instructed or. Mcdonald the in or. Woods property has been enhanced in Ginger to follow the route Laid out in 1873 value by the building of the sewer the Aud he superintended the building of it damage would be probably $25 or $30 to through those lots. The Stream of water each lot the increase in value was perhaps ran directly on the South Side of the Alley one fifth they could have drained the it was sometimes a big Stream according to sewer otherwise but they could not have j the time of Day there was also a Wagon drained seventh Avenue and could no 1 Way. Have done it so cheaply by any other Way. J the plaintiff Here called or. Eagan in c. Atkinson live in Altoona i rebuttal to prove that he had once put in a 1873-74 was conducting work in the fewer j by Way of Compromise offering to found. few tiny ago on fifth Avenue. Corner 17th Street. Cen be bed at this office meat. Pair of new germ shorty paying brr advertise for Sale. Por 8ai.k, cafe table Home on Lexington Avenue two door from eighth Street can be bought very Low. The owner will be in a a Oona february St Aud will remain one week apply at la. J. Common clothing store. Cd treks f Dinkle. F or Nale. Fin improved Corn a property for Eale contain Lnag p570 Square feet situated on the Corner of ninth Street and Lexington Avenue hate been off red a too for it. A a o. W. Baker at residence for term apply to it it for or. Campbell had charge of the work a lion it went through the lots of Eagan and Wood water was passing through the Alley at Tho time in the rear of the lots it did not look to be in a condition to pass through or. Eagan told me not to damage property any More than i could avoid or. Campbell also instructed me not to damage occupy As Little of the and directed Hie jury to find a verdict Seal some of the lots were j it up and return it to a Furt in the morning. Adjourned. The draft correctly represents the course of fore located the line of the sewer through of the sewer except that it is curved More Tho lots i was on the ground when the like an s it was in the Alley and crossed sewer was put Down and have no Reno Alec Over the Street Aud then took in my lot on j Tion of hearing anybody complaining by the Corner witness explains to the court taking the eighth Avenue route we would and jury by the draft where the rower runs they never asked my consent to enter Aud i denied their right to do so i notified the Foreman that i was determine property i was to lots As i could on Small Trees and some Bushes i planted them in again in another place do not know if they were living when i left there there were sonic Loose boards for walks some of them were used to stake up a Garden to save it when the sewer was completed we piled it up pretty High expecting it to Settle we replaced the fences we took Down not More than enough Fence to make worn for the dirt we drove across or. Fagans lot and the material was moved Forward with wheelbarrows the Stream of i water that had been open was very unhealthy. Cornelius Campbells am a member of the firm of Campbell amp bro., contractors was connected with the building of this sewer or. Atkinson worked according to my direction i was there occasionally the first lot we got into was or. Fagans that was thrown open and we bad to Bani through that lot and our mortar bed was put there and in turning the horse we destroyed a Little bed of lettuce that is All the damage that i know of i think there was nothing in the next lot there were two or three lots besides with Only some potatoes planted in the last lot there was nothing where the sewer went the fences were taken Down but replaced them again Aud left each i believe As Good As when we came to take this sewer through the Alley there would have to be a new water take $275 Cash for the damage then sustained. The evidence Here closed and court adjourned. In the evening session which begun at half past seven messes. Herr and Blair made Able arguments after which the court summoned up the Case Foh talk. A the undo Gnad offer m upload d set of germen Silver instrument for Eale very cheap they Are the instrument lately need by the Altoona City band any part in wanting to Purchase a Good cot will Sud the la a Rar it Chance there Are twelve Home two drum and one pair of cymbal. Add Glo kor Hooper or John Alexander Altoona a. Notice. Telegraphic. Collision of the. So. By. i trim Are a crib notified not to contract any debt for the a. A. A. Sex n copt with n. Hope Busine manager. Ryo in Hom it May i i hereby Given to at the a a Quantity of urn building atone that a been adverted for Babby James Kearney agent belong to me and a been placed on sixteenth Street Between tenth and eleventh Avenue by Perl Ion of the City author tie of Altoona mid All Penman Are n it to Al cd not to buy or remove the earn. John p. Karle. Of tax person who Imre not j. Paid their school tax for tie year 187a, will pleas consider this their sufficient notice and at tend to the payment of the same without fail As the Money i greatly needed. Office on twelfth Street second door from eighth Avenue l. R. Poffenberger collector for rent. Lor rent. dwelling Lions contain one Vian instantly killed s eve e it Al toll e is i no in it e i. Special dispatch to the Mirror Eben Sbabo pa., feb. 2.�?As the morning train from Ebensburg was approaching Cresson on the Ebensburg and Cresson Branch this morning Ami within a half mile of the main track it collided with the gravel train. Both engines were completely wrecked. John Parrish Engineer of the gravel train was killed. His fireman James Hopkins had hts left leg crushed. B. Mccabe Engineer of the Branch train Cut on the head Dick Humphrey fireman also Cut on the head Charles latter Iner a passenger Cut on the Eyebrow. Or. Parrish lived at Gallitzin. R. Failures Iii new York. F 10th and 17th Street. Possession Given immediately. Apply on the premise. P. Hazlett. Itkor Kent. Largo and convenient store f room situated on Corner of eighth Avenue and dlr Venth Street lately occupied by heirs Long k of. This is one of Tim Floc to Basin. Land in the City and a Chance but Seldom offered. For particular apply to James Kearney opera hone. Altoona i Public Sale. New i Ork Fob. 2.�?Tho seamless clothing company is reported to have failed. Course dug the ground is Tho highest on the company has a capital of $200,000, and seventh Avenue except places near the Alley i have had to dig it some seven feet deeper quainter with the locality about Twenty j Aud then it would not take the surface a years at the time i built the sewer there ter As when following the natural route of was a very unhealthy Stream of waste water the water. J from the Railroad shops the Logan House we have in Stock a Fine lot of White and Dolored shirts from $1.00 to $3.00. De to make them All damages witness Geo. C. Smith and Thos. Mckiernan of then described the damage to gardens j the eighth Ward were members of Council Board walks were destroyed the dirt had i i do not know where Smith is now he been piled Over the lot Etc. Asked the made a verbal report at the time. The to contractor if he was going to leave the lots i cavity so far As i know is entirely drained in that predicament he promised to come it was very unhealthy the City has been Back in two weeks and fix the lot but he i vastly improved. Where the sewer went never came they broke the Fence Down on across these lots i do not remember of see sixth Street and hauled their Brick and ing anything planted except a Grapevine mortar Over the lots and had the mortar the place was dilapidated there was Noth Bod near the Well considered All this a ing there that i could see was valuable i j Conroy owned a lot of permanent injury to the property if the West through two fences that were sufi j wanted to sell it to me sewer had gone through the Alley it would evently open for me to get through the not have injured us ally amount of damage was nothing that i could afternoon session. I see except taking Down the old Fence and jag. Clabaugh reside in Altoona have a few Trees Tho surface damage would not examined Tho premises of Fagan through amount to five dollars i thought which this sewer passes i believe that j. B. Ila upts i am at present City in this premises has been injured to the Engineer of Altoona am acquainted with the Aud the upper part of town it was a very offensive place to live i think their property is Worth More Money now than before that the sewer Bas increased the valuation of property along there. Louis Placky i live in Altoona have bought and sold real estate there am acquainted with the locality through which Tho sewer runs before the sewer was built the condition of the locality was bad or. Eighth Street i looked at it would not have it at any Price because of the stench there i have not noticed the in one or two its liabilities Are supposed to reach $500, have been ac-1 too. The failure is also reported of the Ester Brook steel pen manufacturing company. This company has a capital of $125,000. Four Hundred Persona have been thrown out of employment by the first suspension. The treasurer of St. Lawrence county new York is reported a defaulter but to what amount is not known. Will be sob at Public Baleen tuesday feb. 8, at 2 p. M., a House and full lot on twelfth Avenue Between Al tenth Aud twelfth streets next door to or. Fay. The House is three stories his containing a room fruit of All kinds in the Yard. This in in every ret poet a of Trot Clani residence. Terms which will be made easy will to gave u o Day of Sale. E. B. Kachman. A. C. Rickabaugh administrator auctioneer. Closing oui mexican Border troubles. Great bargains a la tent of $275 which was offered As a com a locality in question have examined it have made profiles of the locality produces draft and explains them at length to court and jury took my first surveys some time in july these were made from actual agent for inking shirt this to a shirt All finished but buttons and buttonholes any lady can do this work and save from $1.00 to $1.50. . Corman. A 1107 eleventh Avenue. Promise if it should be paid on the spot to Fagan they spoiled a very Good site for a House on a lot it would make a depreciation of $500 on account of sewer considering the buildings that were on the lot. If i was to take out that sewer by contract i would not do it for less than $7 of a foot Lineal measure think the sewer was located in the Alley and made a turn on sixth Street. Thos. Woods the sewer West to rough my lot when they built the sewer they Tore Down the Middle Fence travelled Over and destroyed my Garden they kept it open until they got through could not say How Long it was f claim $400 damages on my property Tho sewer was first staked out through the Alley and was afterwards changed through Tho lots consider the property depreciated from $2,0.10 to $1,200 or $1,400 i Uever signed a petition for the sewer through there. George Akers am a Council m in in Altoona from the second Ward have examined the lot of or. Fagan through which the sewer passes in Ray judgment the depreciation in value of his property is about $500 or $600. I walked Over the property Washington february 2.�?-the Secretary of War has transmitted to the House of representatives for the information of the special committee on the mexican and j Border troubles in response to a letter of and that committee copies of reports and Cor i re8pondenee in 1874, 1875 and 1876, relative to the troubles on the Rio Grande a stench there now know this property of Frontier. The documents Are vol min or. Fagans. J 0u�, giving much information from array j John Clingerman a a live Iii the fun St officers and others concerning depredation. Ward Altoona am acquainted with the a. Locality through which this sewer runs w. H. Moore coloured member of the the locality was in my opinion in a very legislature of North Carolina and Justice bad condition was very unhealthy Aud peace in new Hanover county has there was a great Deal of complaint about j tried Aud convicted on Tho charge of s in a i be i 2 att it have been along there since the sewer compelling a Man charge Tel with murder to. Custom mad e clothing. Lias been built and consider that the Coundi surveys in locating this sewer the lowest Baa been very much improved on a touch the Corpse of the murdered Man believing in tile old superstition that were Point of land was followed As far As possible had i been left to myself i would have located the sewer just where it is. Thos. Mckiernann i have been twice a member of common Council of the City of Altoona first in 1868 afterwards in 1872-73 at the time this sewer was built i was count of the sewer consider the property accused guilty the Corpse would bleed Salo to con Tittio until it Stock is closed out. To have enhanced in value from one third to one fourth. Henry Elway live in second Ward Altoona the same Ward that Fagan lives in am acquainted with the lots of Pagan Aud Woods a House could be erected on sixth afresh. His conviction will disqualify him from acting longer As a Justice of the peace but to still knows Eton go to lie a member of the legislature. Owen Byrne 1307 eleventh Avenue. Chairman of the committee of permanent j Avreet arid the sewer not interfere with it improvements we went Over the ground and allow room on eighth Avenue for a several times talked Over different routes j Good sized. House on nods lot there is among others eighth Avenue the commit i room where the sewer opines out Between tee was of the opinion that eighth Avenue Johw 9treet and the Allee for r building i con would not answer at All on the right of Sider Liia 8ew�r ha3 benefited the property the Alloy we located a place along the old a a neighbourhood water course we ran up to sixth Street from we. Stoke am conducting a planing that course to or. A Gaul Slot i did not Mill and Hare contracted to build houses know it was hi3 lot at the time i was not think the Grade of sixth Street would have on the improvement committee when it was to be raised some two feet and according built they followed the original route Laid to the usual custom in our City he would out by the committee the citizens Down not get Down to Tho Hribok work of the there had frequently complained about the sewer think Tho property has been great open Stream there. Married. it inst., by Rev a. C. W Mimer or. James p. Funk Oft a City to Mise i Nett la. Burkholder of los Raa township. the residence of John Bough Fob let ls7t>, by j. W. Black Senor. John Shad of Allegheny township Aud mrs. Jane Pott of Blair township. Died. about one a a Cituk Labella Batemann de about forty year. Tho funeral will take place from the residence of her husband Thomas Bateman below p. R. R. Shops thursday february 3, 1870, at to of clock. the re Deuce of his Pilate 2u12 eighth Awane on Tho 2.1 in-t., Herker Eugene. In ant son of i r. And ii. J. Vaughn aged 3 weeks and 3 Days. In benefited by Tbs erection of this sewer. J rth31 ucr1 ?,1 us if a Quot a 0>clf tto a a i ,. Afternoon. Relatives and me do re in rued to Al Jolt i. Joy a to i Wos n member o common Quot red mines am acquainted with the tend r. Of it a r Usu raffle for a hoc weighing about 800 pounds a awol two pairs of pea fowls St my Clel a an Housh on Friday evening february 4. The bos will beat the shove named plact i a a monday Amil the Raibur us s pixels. And Miyoda. To con condition a Tho tint Winner or m hav t a first Choice be Wixen in it hog Aud Tho pair a fowl Tho second Witmer Tho t second emote. Tickets. Samuel Waim
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