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the ruin is immense; Craig's property, as a wharf, has really no value; <«I
would not buy it for any thing," because, though it wiU do for small craft,
yet no small craft ever come there, and large vessels cannot come; it is also
filling up continually: the'mounds threw the water entirely into a different
channel, and occasioned vast ruin to private property.
The plaintiff further offered in evidence by Col. Thomas Tenant, that the
plaintiff's property might now sell for JS18.000 or $20.000, and if it had
good water, it might, even at this time, bring $26,000. "It is difficult,
however, to say; I may have overrated the plaintiff's property at this day, at
$18,000, for if the deposites continue, the property must become wholly
worthless, as wharf property, for it fills up rapidly;" Lhat, in going through
these new paved streets, you find at this time, that even the curb stones are
often covered with sand and earth, and you would not know that they were
paved. The waters tha^ flowed naturally into the western cove was nine-
tenths more than what tended to the east; and it is by the diversion of these
waters down Ann street, Washington street, and others, that the injury has
been principally done: that the water in that cove suffered by a wharf erect-
ed in 1807 or 180S, by James and Joseoh Biays, along the south side of
Alisanna street, and to the east of Washington street, that said wharf extend-
ed from Washington to County street, that it was badly made, and bursted
out in front on several occasions, and the earth and gravel from it washed
into the cove, and contributed to injure the depth of the water of said cove;
that the earth and gravel aforesaid were washed down into the cove by the
waters flowing down Washington street and Alisanna street, but mainly by
the waters coming down Washington street.
v The plaintiff further offered in evidence by William Price, that the plain-
tiff's water used to be twenty feet deep, that vessels of any burthen might
load there, but that now only small craft, owing partly to a bar that run*
along the wharf at some distance. That if the injury continues, this water
lot can be of no value, any more than for the land, which would be a few
hundred dollars; that small craft do not come to that part of Fell's point at
all, and large ones always go to the wharves where the water is good, and a
water of depth for small craft is of no use as far as wharfage is concerned.
During the embargo, witness received, for wharfage alone, at the rate of
fourteen thousand dollars a year, but the plaintiff's wharf is wholly forsaken^
except for repairing small vessels and shipbuilding. The deposites from
County street w very small, and bears no proportion to the others; it did
not create the injury complained of: after every rain you can see, by the
color of the water, where the mud and earth came from Washington street
The plaintiff further offered in evidence by Jacob Dunham, that, about
nine or ten years ago. the ship Franklin, drawing about seventeen feet
water, laid always at plaintiff's wharf, and many other large vessels, but
none have been there for many years past. In 1811, several considerable
vessels' lay at Dawson's wharf, where i* is now dry land; Dawson •
is short distance from plaintiff's, there being several narrow lots between.
In witness's opinion, the mounds erected at the intersection of several street*
designated on the plots, occasioned the whole injury, by diverting all the ,
waters to the eastern instead of the western cove. Witness thinks Mi'n&»thal
the filling up of the plaintiff's water has nothing to do with any deppsite*
^oming down from County street; the mud and earth coming at QQ IS *"c
only source worth mentioning. That the-washing from the east ot
alley comes down Lancaster street, and empties into the cove i~~"
north of the plaintiff's wharf, and the sediments has been dug out by the
city at that place three times in the last seven or eight years.
The plaintiff further offered in evidence by Ephraim Smith, on his se-
cond examination, that he had known the western cove for forty years;
lhat, in his opinion, it would have taken an immense time (if ever) to fill
up the cove, if all the waters had been permitted to flow naturally there.
The town navigation could never have been materially injured; for the chief
injury which that navigation has received is from the deposites left by Jones's
falls. VVitness always thought that the whole of the waters complained of
•could have been carried down Harforcl run canal into the western cove, and
so the commissioners also admitted, though there was some difficulty on ac-
count of Geflrge street, formerly Smith street; witness was of this opinion
at all times, though hisoforn property'would have,been somewhat injured, as
it lies in that direction, but this was the natural course of the water, and
there he thought it ought and might have been permitted to continue. That
after German street was paved, the waters divided themselves naturally into
four parts, one fourth might be said to run into the eastern cove, one-fourth
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