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of Maryland, passed at December session, IS 17, entitled ""An act relating
to the city of Baltimore;" also, another act of the General Assembly of
Maryland, passed at December session, 1S21, entitled "An act relating to
the paving of certain streets in the city of Baltimore;" and, also, another act
of the General Assembly of Maryland, passed at December session, 1822,
entitled a supplement to the act entitled "An act relating to the paving of
certain streets in the city of Baltimore."
And the defendants, further to support the issue on their part, then offered
in evidence to the jury the following ordinances and resolutions of the
mayor and city council of Baltimore, to wit, an ordinance, entitled " An
ordinance to appoint city commissioners, and prescribing their duties," ap-
proved March 9th, 1S07; an ordinance, entitled "An ordinance providing
for the appointment of wardens of the port of Baltimore, and for other
purposes," approved 24th March, 1813; also, a resolution passed at the ex-
tra session in July, 1815, No. 4; also, a resolution passed at the February
session in 1S16, No. 1; also, an ordinance, entitled "An ordinance autho-
rizing the extension of certain wharves therein mentioned," approved 4th1
April, 1816; also, an ordinance, entitled " An ordinance directing the pav-
ing of part of Dulany street, in the city of Baltimore,"approved 10th April1,
1817; also, an ordinance, entitled "An ordinance for paving Wi Iks street,
Washington street, Castle alley, and County street, within certain distances,
and for other purposes, so as more effectually to preserve the navigation,"
approved 10th April, 1817; also, an ordinance, entitled "A further supple-
ment to the ordinance entitled " An ordinance for preserving the health
of the city," approved 3d December, 1821; also, an ordinance, entitled
a supplement to an ordinance entitled " A further supplement to the ordi- .
nance entitled an ordinance for preserving the health of the city," approv-.
ed 18th March, 1S22. . •
The defendants, further to support the issue on their part, then offered in '
evidence to the jury, that the grading and paving of the streets hereinbefore
mentioned, to wit, of German, now Pratt street, of Dulany street, of Ann
street, of Gough street, of Washington street, of Wilks' street, of County
street, of Castle alley, and of the other streets, lanes, and alleys, mentioned ,
in the evidence, and delineated on the plat, were made in pursuance of the
nets of Assembly and ordinances hereinbefore mentioned; the dams and
abutments mentioned in the evidence, and delineated on the plat, were
erected in pursuance of the said acts of Assembly and ordinances; that the
dam at I, at the intersection of German and Market streets, was erected in
the year 1809. to divert the water which flowed into the cove at E, into the
ponds between German and Gough streets; that German street, from Barford
run to Market street, was graded and paved in the year 1813; that the abut-
ment at N, at the intersection of Dulany and Ann streets, was erected by
the port wardens in 1813, to dam up the water, and raise up the valley to
ihi. norih of Dulany street at Ann street; that the abutment at M, at the in-
terred ion of George and Ann streets, was erected by the port wardens in
1813, to prevent the water from passing westwardly, and for the purpose of
diverting it down Ann street: that Ann street, south of Dulany street, was
cut down and filled up so as to turn the water down said street, in pursuance ,js,
of the resolution directing the same; and that the abutment at J K, at the
intersection of Ann and Bank streets, was also erected in the year 1815, to
prev nt the wash from passing further down Ann street, and directing 't
eastwardly into Bank street, and from thence into Washington street; and
that the abutment at 0, at the intersection of Gough and Ann streets, wa*
erected in the year 1822, to prevent the water from passing across Gough'
street down Ann street, and for diverting it into Gough street, and from
thence into Washington, and down into the harbor at Q Q.
The defendants then, further to support the issue on their part, offered in
evidence to the jury, by Henry Stouffer, a witness affirmed at bar, that,
from the year 1809 to the year 1818, both inclusive, he was one of the city
commissioners; that, during that time, his attention was especially directed
to the situation of a stream of water which flowed into the cove at E, from
the intersection of Dulany and Ann streets; that, except during the fall of
heavy rains, the said stream was very inconsiderable, and did no injury, but
that the stream, by the fall of heavy rains, was increased by the rain which
fell to the northward and eastward, and between and on the hills C B D and
E F H, into a formidable torrent, and that it was calculated to do great injury
to the navigation, in consequence of the great quantity of earth, gravel, and
sand, which the said torrent carried with it to tide water. That it became
his duty to examine into the best and most practicable mode of conducting
the said stream into the harbor; that a grade had been already established
by his predecessors on Dulany street at its intersection with Market street,
the level of which grade was above the level of the grade of Dulany street
at its intersection with Ann street: that the grounds north of Dulany street,
between Ann and Market streets, rise to a considerable elevation; that Har-
ford run already carried down a gieat quantity of water, earth, and gravel,
into the western cove; that the ground south of Dulany street, between Bond
street and Harfonl run, is of a level surface, and would be liable to be over-
flowed by introducing an additional quantity of water into Dulany street; and
that the introduction of the water, earth, and'gravel, which came into Dula-
ny street at Ann street, into Harford run, would, in his judgment, have
produced in time a serious injury to the western navigation between the
• town and Point: that a great quantity of earth, gravel, and sand, were al-
ready carried into the basin from the west end of the city, from the south
aide of the basin, through the different streets of the city by Jones's falls,
and also by Harford run, and that it was of great consequence to divert the
wash from Dulany street to the east end of Fell's point. That the said wash
was in part diverted from the western cove by the paving of German street
in the year 1813, and afterwards flowed down Market street, and from thence
into Fleet and Alisanna streets, and from thence a portion of it flowed into
the eastern and western coves, and a portion of it down Market street; that
a portion of the said wash, in heavy rains, passed from Market street to
Bond street, and from thence through Wilk's street into the cove, passing
also over the lots of individuals; that, in consequence of their inconvenience
' to the settled parts of Fell's point, in the year 1815, the said water was
diverted into Ann street, and from thence into Bank street, and from thence
"tjyWashington street,-emd from thence into the harbor at the intersectioa
of Washington and Alisanna, into the basin at Q Q; and that, ir his judgment,
this was the best possible cause of introducing the said wash into the har-
bor, having regard to the general interests and prosperity of the city.
^ And the defendants further offered in evidence by the same witness, that,
? *Te year 1817> a great freshet took place, which did great mischief to the
wbor; that the dam at J K was carried away, and, also, a dam between
Washington and County streets on Wilk's street, which did great injury to
^vigation of the eastern cove, in addition to the wash from Ann street.
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