IN THE CIRCtUIT COURT OF THE UNITED STATES, FOR THE DISTRICT OF NEW JERSEY. CHARLES E. MILNOR, Vs. THE NEWARK PLANK ROAD & FERRY CO. & ALS. WILLIAM L. SHARDLOW, s8. THE SAME. PROOFS OF DEFENDANTS. FINAL HEARING. C. PAINKER, Att'y for Pl;. DAVID A. H-AYES, Att'y or Def'ts. NEWARK, N. J.: PRINTED AT THE DAILY ADVERTISER OFFICE. 1856. TE TESTINMO F TDEXNAN T NEW TO THE TESTIMONY OF THE DEFENDANTS, THE NEWARK PLANK ROAD AND FERRY COMPANY. PACE L. Spencer Goble - 2 John Douglass " " - 4 Daniel R. Smith, - 20 Daniel G. Chace, - - 34 Ira Budd,..- - 44 Peter S. Clearman, - - - " 54 James R. Smith, - - 64 Noah F. Blanchard, - - Samuel Douglass,.- 73 James Mullens, ". - 77 Thomas W. Dawson, - - 81 Henry H. Jaques, - n - 85 Calvin S. Dennis, - - 88 William M. Littell,. - 97 James M. Thompson, - - 100 Ellis Dunn, - 102 Jacob E. Weaver, -. - 105 William B. Douglass, - " - 110 John Tittley, - -. 113 Edward P. Campbell. - - - 115 Jabez Cook, -. - 119 Patrick Carroll, -. " - 121 Cyrus Parkhurst, - -. 124 Samuel Richards,. n - 126 James H. Tichenor,. " " 133 Sidney M. Pearson,. 142 James Bradshaw, - - 143 John S, Ball, -" " 150 EXHIBITS. PAGE No. I-Notice o' taking Examination, - 1 No. 2-Certified Copy of the consent of the Proprietors of the Bridges over the rivers Passaic and Hackensack, to erect a bridge over the Passaic river, filed with the Secretary of State of the State of New Jersey. - 2 No. 3-Certified Copy of the proceedings of The Proprietors of the Bridges, over the rivers Passaic and Hackensack, granting consent in Exhibit No. 2. - 4 No.4-A side view of the draw of the Proposed Bridge, with plans of turntable. - - - 12 No. 5-Ground view of the bridge. - - 12 No. 6-Petition of the citizens of Newark to the Senate and General Assembly of New Jersey, for the passage of a law authorizing the erection of a bridge over the Passaic. -.. - 13 No. 8-Extract from memorandum book, marked Exhibit 7, containing a statement of vessels passing Plank Road Ferry. - - 18 No. 9-Extracts from Exhibit No. 9, being the proceedings of the Senate in 1855, and passing the law authorizing the Newark Plank Road and Ferry Company, to erect a bridge over the Passaic river. - - - 25 No. 10-Extracts from Exhibit No. 10, being the proceedings of the General Assembly in 1855, in passing the law authorizing the Newark Plank Road and Ferry Company to erect a bridge over the Passaic River. 28 No. 11-United States Census of the City of Newark in 1850. - - - - 31 No. 12-State of New Jersey Census of the City of Newark in 1855. - - - - 31 No. 13-Statement of the Capital Stock of, and dividends declared by, the Newark Plank Road and Ferry Company. - - - 32 CIRCUIT COURT OF THE UNITED STATES, FOR THE DISTRICT OF NEW JERSEY. THE NEWARK PLANK ROAD AND FERRY COMPANY, ETALS. ON BILL &C. ads. CHARLES E. MILNOR. J THE NEWARK PLANK ROAD AND FERRY COMPANY, ET ALS. O B ads. ON BILL, &C. WILLIAM L. SHARDLOW. District of V'ew Jersey, ss. Examination of witnesses taken in the above causes, on the part of the defendants, The Newark Plank Road and Ferry Company, before me, William B. Guild, Junior, a Notary Public of the State of New Jersey, duly commissioned and sworn, at my office in the city of Newark, on the eleventh day of March, one thousand eight hundred and fifty-six, at ten o'clock in the forenoon, to which time the notice of said examination was given, as appears by a copy of said notice hereto annexed, on which is endorsed an acknowledgment of service by C. Parker, and which said copy is marked by me as Exhibit H. No. 1. Present, David A. Hayes, Esq., counsel for the defendantsThe Newark Plank Road and Ferry Comyany-no one appearing on the part of either of the complainants. Counsel for defendants offered a paper, endorsed "Consent of the Proprietors of the Bridges, &c., to the erection of the bridge of the Newark Plank Road and Ferry Company," and marked by me as Exhibit H. No. 2. Further examination adjourned until the twelfth day of March instant, at ten o'clock in the forenoon. 2 Present, David A. Hayes, Esq., counsel for defendants, The Newark and Plank Road Company, and Cortlandt Parker, Esq., counsel for complainants. L. SPENCER GOBLE, being duly sworn according to law, on his oath doth depose and say: Question 1st. Where do you reside, and what is your occupation? Answer. City of Newark, New Jersey; attorney at law. 2. Who is the Secretary of the Company known as the Proprietors of the Bridges over the rivers Passaic and Hackensack? I am. 3. How long have you been such secretary? I was elected as such at the last annual meeting of said Company, held on the 4th day of August, 1855. 4. What is that paper? It is a correct transcript of the proceedings of said Company, at a meeting of Stockholders, held on the 4th day of August, 1855, and of the proceedings of a meeting of the Board of Directors of said Company, held on the 28th day of August, 1855; and of a meeting of the Stockholders of said Company held on the 21st day of Septemher, 1855; and that the same has been taken from the records of said Company, as kept by me as Secretary. (Said paper, marked as Exhibit H. No. 3, was offered in evidence by counsel for defendants. L. Spencer Goble cross-examined: 1. The records you produce mention two protests, as having been offered by certain stockholders, and ordered on file-will you produce them These papers which I have are the protests referred to, and they are now in my hands as Secretary, on file. I will make out certified copies of the same. (The counsel for defendants consent that such certified copies shall be regarded as now offered in evidence, and marked Exhibits P. No. 1 and P. No. 2.) 3 2. Are these protests signed by the parties purporting to have signed them, and were they then stockholders of the corporation known as the Proprietors of the Bridges over the rivers Passaic and Hackensack? To the best of my knowledge and belief they were so signed, and they were stockholders. 3. I observe that John Van Rensselaer's name does not appear to the protest last presented; had he in the meantime sold his stock, and to whom? I have no knowledge of the facts. 4. The minutes mention that the New Jersey Railroad Company tendered the proceedings of their meeting, and voted on the resolution for consent to the Plank Road; have you those proceedings, and will you produce them? I have not those proceedings in my possession. 5. Have you the evidence of the authority conferred on those who voted by proxy? I have not. 6. What evidence was presented at the meeting when consent was given, of the rights of those who voted? I have no knowledge as secretary of any evidence of any authority under which votes were cast-individually I voted for my father, by power of attorney. 7. Where was your father, and what power of attorney did you have? My father was in Europe, and I had a general power of attorney. 8. A general power, do you mean, to execute and take charge of his financial and business matters? (Question objected to and withdrawn.) 1 9. Will you be so good as to produce that power of attorney? I will, if I can; it is at my house; I will get it. Further examination adjourned to, and resumed this 17th day of July, 1856, by Mr. Parker. 10. Have you been able to find the power of attorney spoken of in the preceding examination 4 I have not; I've looked for it without success. 11. Will you state its contents? I can only say that it was a full and general power of attorney, to act in my father's behalf, as fully as if he was personally present; I drew it with no particular reference to this; the power of attorney was of such nature, by its phraseology it was so as to give me full power to act in his stead in every matter of whatever nature, as fully as he might do if he was present. Re-examined by David A. Hayes, Esq. 1. Who received the votes and judged of the rights of those voting? Inspectors, who were appointed by the meeting of stockholders-the same stockholders who afterwards voted, as will particularly appear by the copy of minutes which has been offered in evidence. L. SPENCER GOBLE. Sworn and subscribed before me, at New. ark, N. J., July 17, A. D.1856. WM. B. GvILD, J.otary Public. Further examination postponed until Monday, July 21, 1856, at 10 o'clock in the forenoon. JOHN DOUGLASS, a witness called by the defendants, of full age, being duly sworn according to law, doth depose and say: Question 1st. Where do you reside; what is your age and occupation? Answer. In Newark, New Jersey, I reside; I am forty-four years of age; I am now engaged in the employ of The Newark Plank Road and Ferry Company as captain of their Ferry-boat. 2. How were you employed before you entered into the service of The Newark Plank Road and Ferry Company? Directly before that, I was engaged in the oyster and fish business, and before that, master of a vessel sailing from Fire Island to Newark, New York and other places. 3. How many'years were you employed in navigating the 5 Passaic River? Ten or twelve years. 4. In what capacity did you navigate said river? Both as hand and as master. 5. What proportion of the time was you acting such master Between 2 and 3 years. 6. Since you first commenced sailing on the river, has there been any change in the width and depth of the river? I think there has. 7. In what is that change? It is wider and shoaler. 8. What has been the change in width, and how much? I should think ten or fifteen feet, if not more, in certain portions of the river. 9. What has occasioned that change? It is caused by the washings of the steamboats. 10. Have you seen any portion of the river where the bank of the river has fallen in, and what has occasioned it? and where? I have seen the banks of the meadows undermined by the swell from the steamboats, and have seen the sod give way and wash into the river. 11. What becomes of what is washed from under the sod, and what becomes of the sod itself? To the best of my knowledge it must settle into the river. 12. Has there been any change in the depth of the river in the neighborhood of the Plank Road Ferry? To the best of my knowledge I think that there has. 13. Directly below the Ferry what change is there in the bottom of the river? I think it has become shoaler. 14. How near to the bank of the river did vessels formerly sail along there? They used to sail quite close along there some years ago; on the west side they can't sail very close now. 15. Why? Occasioned by the banks giving way, falling in and forming flats, so that it is bare where vessels formerly sailed. 6 16. Has there been similar changes in other parts of the river t (Objected to by Mr. Parker.) There have. 17. When did you first go into the employ of the Plank Road Company? I think it will be six years this summer coming. 18. When was the Plank Road first opened for travelling? Five years this summer coming as near as I can recollect. 19. What method was first used by the Company in passing the river at the Ferry Horse-boats. 20. Were they or were they not successful? They were not. 21. Why were they not? Because they were not suitable to accommodate the travelling. 22. Was the difficulty in the river, or boat, or both? (Objected to by Mr. Parker and withdrawn.) 23. What was the difficulty? That they were not a suitable conveyance; couldn't get the power, the river was so narrow; couldn't work them. 24. What is the current of the river at the place where the Ferry is? Nearest to my judgment it is three or four knots an hour. 25. After the horse-boats were abandoned, what was the next plan adopted for passing the river? A large steamboat, built as a Ferry-boat. 26. Do you know her length? One hundred feet and 10 inches in length. 27. Where had she been used before purchased by this Company? She was used in the East River, running on Williamsburg Ferry. 28. Did or did not the Company succeed in using that boat as a Ferry boat? They did not; she would not answer the purpose. 29. Why would she not answer the purpose? 7 The tide was too swift; the river too narrow; couldn't work her so'twould answer. 30. What plan was then adopted by the Company to pass the Ferry 2 What was called a chain-boat. 31. How was the chain-boat first constructed to work? By a chain and rudders, running over two drums, through the centre of the boat, and chain fastened on each side of the river. 32. Where were the drums placed, and how were they driven? They were placed nearly in the centre of the boat and drove by a steam engine in the boat. 33. What was its operation as to its success for the Ferry? It did not answer the purpose. 34. What alteration was afterwards made in the operation of the Ferry? They took the rudders out of her and put two more side chains to guide her. 35. How were those two side chains arranged as to the boat and shore? The two chains were fastened on each side of the river, running through shives under the guards of the Ferry-boat. 36. What was the success of that boat so constructed and arranged for the Ferry? It was not very good; she did not answer the purpose as well as expected. 37. What was then done by the Company to accommodate the public as to a Ferry? (Objected to by Mr. Parker.) They built another boat. 38. Wherein did that boat particularly differ from the other boats? In her model, and in her engine and drums. 39. How was this last boat worked? She was worked by a centre chain, and two side chains; or, rather, one chain, with both ends fastened on one side of the river, and running through shives on the opposite side, from where it is made fast. 8 40. What has been the operation of this boat as a ferry boat to accommodate the public? It has not been good. 41. What has been the particular objection to it, that renders it unsuccessful? On account of delay of time and chains breaking. 42. From your experience do you think that a chain-boat can be so constructed as to make a ferry to accommodate the public? (Objected to by Mr. Parker.) I should think not. 43. From your experience can a ferry be made to accommodate the public, if a boat is used there at all? (Objected to by Mr. Parker.) I should think not; I don't know in what method to place a boat there to make it give satisfaction to the public as a ferry. 44. How frequently have the chains broken? I've never kept account of it, but I should suppose to the best of my judgment, that it averaged once a week. 45. When the chain breaks, how long did it take you to repair it, to get the boat in running order? That depends upon circumstances; if the centre chain breaks at slack water, probably it would take an hour, and then if the side chain breaks, and the centre chain breaks with it, as it generally does, we can't then mend them without slack water, as a general thing. 46. What effect has it upon mending the chain when the ice is running in the river? If the ice is running bad we can't mend them. 47. Can you state any instances when wagons coming to the ferry have been compelled to go back, on account of not having been able to repair the chain, so as to use the ferry? That is a common affair through the season. 48. You have stated that this road went into operation in the summer of 1851, how was the road constructed? It was first commenced with horse-boats, and they didn't succeed; they were taken away, floats put into the ferry, and the 9 first chain-boat put on, that was July, 1851; five or six months previous to that, there were two tracks of plank, eight foot long, the whole length of the road, except between the rivers, and they were nine feet long. 49. How long was it before the planks on the road were worn out The planks didn't wear so as to be called decent over 3 years; we went to work and patched the road, and then couldn't give satisfaction to the public. 50. When was the road re-laid with new plank? It was re-laid last summer, one track through. 51. What was done with' the other track? It was mended up with the best of the old plank, in a few places, and then cinders were carted on to the old track this side of the ferry, and on the other side of the ferry it was mended up. 52. Iow far out on the Passaic River, on either side, does the bridge extend to the boat? Cannot tell exactly; I should think on the west side it is bridged one hundred feet, and on the east side not much less. 53. How is that bridge constructed? On piles. 54. Have, or have not those piles formed any sandbars in the river that bridge stands on? No sir. 55. From your knowledge of sailing vessels, would there be any difficulty in sailing vessels through the draws, if a bridge was there constructed, with two draws of 65 feet each, with the centre on which the bridge turns erected on piles, making a square of 20 feet, and piers extending 20 feet out from the centre pier, constructed of spring piles? (Question objected to by Mr. Parker.) There might be some little difficulty in beating through that draw, or draws, in a strong ebb tide, and the wind ahead, so that one stretch is no better than the other; that is the only time that I can see any difficulty of sailing a vessel through, and that is very seldom the case there. 10 56. What is the course of the river at the point where the ferry is? If I mistake not, I think it is nearly north and south; it bears to west of south, and east of north a little. 57. How far does the river above and below the ferry extend in the same direction? I should think nearly a half a mile above north, and nearly a mile below south. 58. What is the depth of the water in the channel at the ferry? I think it averages from pier to pier from nine feet to twelve feet, half-tide. 59. How does that compare with the rest of the channel from the mouth of the river to the docks in the city? In some places it is shoaler, and in some places deeper. 60. How far from the ferry is it in any direction before you come to up-land? (Objected to by Mr. Parker.) Nearly half a mile. 61. How far from the ferry in any direction is it that there is anything to obstruct the course, or in any way affect the wind at the ferry? The nearest point in any direction is nearly half a mile, with the exception of the two little houses at the ferry. 62. When was the river closed this last winter? I think it was New Years day, or Christmas, I was skating on it; the Saturday previous the last boats went up. 63. Has it been opened since? It has not. 64. In question No. 43 you answer that a boat could not be placed there to give satisfaction to the public, what do you mean by satisfaction to the public? (Objected to by Mr. Parker.) What I meant by that was, that it would not answer the purpose of a ferry. 11 Further examination adjourned until the 13th instant, at ten o'clock in the forenoon. Present, David A. Hayes, Esq., counsel for defendants, and Cortlandt Parker, Esq., counsel for complainants. Examination of John Douglass resumed. 65. In answer to question No. 61, you speak of two little houses at the ferry; what effect would they have upon the wind, as far as it would affect the sailing of vessels through the draw, and what is the height of those houses? I should think the height of the houses was about 18 feetthat is, from the bottom of the house to the peak; they cannot affect the sailing of vessels through the draw. 66. How far is it from the ferry to the nearest objects that can have influence on the wind to affect vessels sailing through the draw 2 You can say a mile and a half; don't know of anything anywhere, that can affect the sailing of vessels through the draw. 87. What effect has the breaking of the chain on the ferry boat, on the travelling on the road? It turns the travel off the road; when the chains break teams have to go back from 21 to 3 miles to get where they started from, each way, or otherwise wait till slack water, which probably may be six hours, and sometimes then have to go back, because we cannot mend the chains the same day. 68. What effect has it on the income received by the Company from the road? It has a great effect; after we get our chains mended and ready to pass the travel, my tolls the first day will be between three and four dollars, and then increase; I have known it up to eighteen dollars a day, and then the chain generally breaks again, when down goes the receipts of the road. Cross-examined by Mr. Parker. 1. Has thechain any place where it generally, or most frequently breaks? 12 I don't know of any particular spot where it generally breaks. 2. What sort of chains are these; what is their size, weight, and at what height on the docks from the bottom of the river are they attached to the shore? The centre chain, if I mistake not, is a link chain, made of five-eighths inch iron; the links, I think, are two and a half inches Wide, and I should think about three inches long; don't know its weight; the side chains are half inch; I think links probably are two and three-quarters long, and two and a quarter wide; weight I don't know; I should suppose on the west side it is attached to the bridge eight feet from the bottom of the river. 3. How many chains have you had attached to this boat since February, 1853? If I mistake not we have had three centre chains. 4. How long have you had it in use? I think three or four months. 5. How long was the one previous used? I don't know how long; don't know how long we used the first,one; I suppose in the neighborhood of two years; cannot tell anything about it. 6. When did the chain break last? I can't tell when it broke last; it has not had any chance to break; ice held the boat so that tide couldn't give its weight on the boat, so as to affect the chain; it has broken twice or three'times this winter, since the river froze up. 7. Does the chain always break while the boat is in the stream? It generally does; I have known it to break when she has been partly inside of the wings. 8. Has any difference been made where new chains have been got-have stronger ones been procured? Stronger ones than the first have been procured. 9. Which do you call the first chain? The chain that was first purchased for the first chain-boat. 10. Is this boat now in use-the first chain-boat? 13 She is not on the ferry. 11. What boat was, and when was she placed on the ferry, and how long did she stay? She was placed on the ferry four years ago last July, if I mistake not; I don't recollect how long she stayed there; I think however, in the neighborhood of a year; it was a chain-boat, called the " Enterprise." 12. Was that the boat used on the ferry, and spoken of in the Report, in the Plank Road case in Chancery of New Jersey, by Messrs. Bradley, Robertson and Welch, Masters, appointed by the Court? (Objected to by Mr. Hayes.) I don't know. 13. Is that the boat Selah Hill built for the Co.? That is it, I believe. 14. Do you recollect her length? I do not. 15. Was she about 31 feet long on deck, 70 feet on the keel, 37 feet wide on deck, 30 feet beam under the guards, 24 feet at the bottom, in depth 7 feet, of flat bottom, propelled by centre and guard chains, worked around drums by two steam engines, and drawing from two feet six inches unloaded, to about three feet six inches when loaded, as far as she was liable to be; was this the general description of the boat? I should think it was, I never measured the boat; the engines and chains are correct. 16. What boat succeeded the " Enterprise "? The boat now in use. 17. Which boat was the best for the Co.? The boat now in use. 18. Why? Because she is a different model. 19. Explain yourself further? The next thing is, she has better engines, and the drums are placed different that the chains run on. 20. What general beneficial effect is occasioned to the Com 14 pany by the difference in this boat, and to what degree is she better than the other? She uses less coal, and is propelled easier; she is considerable better for the Company, and public too, than the other boat. 21. With which boat did the chains break oftenest I think the chains broke oftenest with the old boat. 22. Why have not stronger chains been procured? If you have larger, heavier, stronger chains, when you break them, it would take us a great deal longer to mend them; another thing, the engines wouldn't work as well with them; don't think a larger, heavier chain would answer. 23. Would not larger, heavier chains be less likely to break? I don't know but what they might, rather less, and I don't know but what they would break as quick. 24. Do you mean that you have not sufficient knowledge on the subject, to say? Yes, for the reason that we have never used any heavier chain, than is now in use, and I don't think that a heavier chain would answer the purpose as well as the sized chain now on. 25. Why not? Because we couldn't handle it with the same speed, as we can this one; we can mend this one now on the boat at times when we couldn't mend a heavier one. 26. Do you suppose that no chain,.strong enough to hold your boat M ithout breaking, can be had? I don't suppose that you can put a chain, that could be used on that boat, but what at times it would break; it would break or pull the boat in two, or take part of the bridge with it; I've seen a great body of ice coming down there sometimes. 27. But do you suppose that a chain cannot be procured for your ferry, if not for this boat, for some other, competent to your necessities, which will not break excepting on peculiar occasions, such as the coming lown of a great body of ice? I do not. 28. I understand that your knowledge of ferries and this subject is derived from no other experience, than what you have had on this ferry? 15 I have had no other experience as a chain-boat ferry. 29. Do you keep any record of the breaking of your chain? I do not. 30. About how long, as an ordinary thing, does the breaking of a chain detain your boat? It takes from half an hour to six hours. 31.'Which happens oftenest, those occasions when it takes you a short time or those when it takes you a long one? It is rather oftener when it takes the shortest-I don't know as there is much difference. 32. Let me understand you-do you mean that when it takes longer than half an hour or so, it takes the longest time you mentioned-six hours. If I can't do it in an hour, it generally takes in the neighborhood of six hours. 33. Can you recollect any occasion, and if so state when, that you took six hours to fix the chain? I can recollect different occasions when it has taken six hours and over six hours-the night before the river shut up, we broke the chain and it took us two hours to get her in to the slip, or thereabouts, occasioned by the ice, heavy winds and storm, and then we was all of the next forenoon until nearly two o'clock getting the chain together-commenced working at them early in the morning and worked faithfully. 34. Which was the heaviest chain and the heaviest boat, the chain now used on this boat, or that used on the Enterprise? The old Enterprise gave the heaviest strain on the chain; I don't know that there was any difference in the size of the chains. 35. How long does it take for your boat to cross the river? I have known it to take from two minutes to an hour. 36. Your ordinary passages when not obstructed and when the chain don't break-how long does it take her to cross the river? I suppose in the neighborhood of two minutes. 37, How many vehicles can you carry on the boat now used by you, in one passage over the river'% 16 We have carried thirteen and fourteen-two horse and one horse wagons. 38. Are you in operation during the winter as well as in other parts of the year. Yes. Examination adjourned until 3 o'clock in the afternoon. Present David A. Hayes Esq., for defendants, and Courtlandt Parker, Esq., for complainants. 39. Were you in the employ of the Company when the horseboats were used? I was, and Master of one of them. 40. You say they would not work; did they not work and carry teams over the Ferry? Yes, they worked and I got teams across the ferry with them -it was under a great deal of difficulty, and a good deal of time. 41. How much time on an average? I suppose on an average of ten minutes-sometimes moresometimes less. 42. Was not the principal difficulty with them, the want of space for getting headway? No sir, I think not, but it was on account of the strength of the current; I don't know where more space would have been any benefit. 43. After that you tried a steam ferry boat, did you not? Yes sir. 44. How long did she take to cross the river? I don't know that we made any trip with her; we got her in the slip, and out of the slip, and tried to get her in on the other side, in the opposite slip; but as near as I can recollect, made a failure and gave it up-found she wouldn't answer the purpose. 45. Do you speak of one trial? Its all I have any recollection of. 46. Who managed her? 11 I think a man from Williamsburg, who had formerly managed her; I am now speaking of the Passaic river —we tried her in the Hackensack, and there we had a ferry pilot; I believe he came there with her; I understood that was his business. 47. If the openings between theyrows of piles had been wider, could you not have got her in? The difficulty was she couldn't be worked in that river; she was too large. 58. You have spoken of flats formed in the river in the neighborhood of the plank road ferry, when did you first notice them? I think it was eight or nine years ago, that is, on the west side of the river-it may be longer, I know it is some time ago. 49. Where are they with reference to the plank road piers? They are in shore of the piers-above and below them. 50. How far out do they extend! I should think they run out thirty or forty feet, where they fall bare at low water-in some places it varies. 51. How far out do they extend, although not all the way so as not to be bare at low water? It goes gradually shelving off on the west side, nearly to the centre of the river, in some places. 52. How far out on the east side does the flat extend? It does not run off so far-nearly one quarter of the river. 53. Do you know how wide the river is there? In the neighborhood of five to six hundred feet. 54. How much space is left between your wings in the middle of the river? I think in the neighborhood of three hundred and twenty-one feet. 56. Have not those wings interfered with the navigation of some vessels in the river? I've known vessels to drift against them when they've had no wind-never seen any difficulty there when they've had wind. 56. How large was the sloop you-used to sail in? 2 18 She was a small sloop of twenty tons, or thereabouts-a coasting sloop. 57. To what point in Newark did she go? I've had her at what they call the Commercial dock-never been often at Newark with her-been oftener here with the sloop Valiant from Fire Island. 58. Did you command her? I think I did once. 59. To what point in Newark did she come? To Commercial Dock as I believe it is called. 60. With the tide flood and wind ahead, will not a vessel going down have the same difficulty in passing a draw, as a vessel with wind and tide ahead going up will have? She will, with the exception, that our ebb tide is generally the strongest. 61. Has not a pivot pier bridge a difficulty peculiar to itself, arising from the length of the pier up and down the river, on which the pivot swings? No more so than other draws on the river, that I know of. 62. If there be no pier for the pivot draw to rest upon, will not the pivot draw itself stretch up and down the river when the draw is open? It might and it might not-perhaps when a vessel goes through there it may not require it to be perfectly square up and down the river. 63. Will it not, if the opening be at the time sixty-five feet? I think not, I think I can open a draw, without making it stretch up and down the river, and leave a space of sixty-five feet. 64. Will not a pivot draw extended in order to pass a vessel, be likely to occasion interference at times with her sails and rigging? Not more so than other draws. 65. You say that a wagon coming to your ferry, and unable to pass, must return either way from two and a half to three miles, 19 where does two and a half miles from your ferry on the Newark side bring you, what point in Newark? To the depot in Market street. Direct examination resumed by Mr. Hayes. 1. Was the horse-boat tried on the Hackensack river? (Objected to by Mr. Parker.) Yes sir. 2. What is the width of the Hackensack river? I should think either 1600 or 1700 feet; I have never measured it. 3. What was the result of the experiment on the Hackensack river? It proved to be a failure on account of the strong tide, and for the want of power to use them. 4. Why could not the steamboat be used for the ferry on the Hackensack river? On account of the tide, and on account of her being so long. 5. Have you seen steamboats used to ferry the Hackensack river, if you have, where? I've seen boats up near the railroad bridge, that I've understood were trying to ferry. 5. What course did they take when crossing the river? Cannot tell; saw them at a distance from the Plank Road bridge. 7. At what point in the Passaic river can a bridge be built that will interfere the least with the passage of sailing vessels. (Objected to by Mr. Parker as to matter.) I believe the neighborhood of the ferry, in that reach. Cross-examined by Mr. Parker. 1. Did not the Railroad Company, when their bridge was rebuilding over the Hackensack, use a steam ferry boat near the site of the bridge? 20 To the best of my knowledge, they had a boat there using it as a ferry-as I believe, and saw at a distance. JOHN DOUGLASS. Sworn and subscribed, before me this 13th day of March, A. D., 1856. ) WILLIAM B. GUILD, JR., Arotary Public. DANIEL R. SMITH, a witness called by the defendants, of full age, being duly sworn according to law, on his oath doth depose and say: What is your age, and where doyou live? Fifty years; and live in the city of Newark. 2. What is your employment at present? I am superintendent of the Newark Plank Road. 3. How long have you been employed as superintendent of the Plank Road? One year and nine months. 4. How was you employed prior to that? I was employed in San Francisco, and have been a superintendent on public works for the last twenty years, in the United States. 5. What kind of public works were they? Canals, water works, rail roads, and navy yards. 6. Who was superintendent of the road before you? Mr. Chase. 7. What was the state of the Plank Road for travelling at the time you was made superilitendent? A portion of it was pretty well worn out. 8. How was the road thenr constructed (Question objected to by Mr. Parker.) Two tracks of plank, eight feet wide each. 9. When was the road re-laid with plank? (Question objected to by Mr. Parker.) We commenced it in August last, and finished it the last of November. 21 10. Why was it re-laid? The plank were worn out. 11. What were your duties as superintendent of the road 1 To see that the road was kept in travelling order, to give out tickets, receive the money, and see that the boat was in running order. Further examination was postponed until the 14th instant, at ten o'clock in the forenoon. July 17, 1856. Present David A. Hayes, Esq., counsel for defendants, and Cortlandt Porker, Esq., counsel for plaintiff; by agreement of counsel, examination adjourned until the 21st instant, at 10 o'clock in the forenaon. July 21, 1856. Pursuant to adjournment, David A. Hayes, Esq., appeared as counsel for defendants, and Cortlandt Parker, Esq., for plaintiff. Examination of Daniel R. Smith resumed by Mr. Hayes. 12. When were the planks purchased with which the road was relaid, as spoken of in answer to question 9. They were contracted for soon after the passage of the law authorizing the building of the bridge over the Passaic, and commenced the delivery of them in the month of July following. 13. What was the cost of purchasing those planks, and relaying the road? Between eight and nine thonsand dollars. 14. Have any materials been furnished for the erection of the bridge-and if so, what? (Objected to by Mr. Parker.) Spiles have been purchased, and part of them delivered. 15. When were they purchased? They were purchased in April, 1855. 16. What was the amount paid for them? Little rising of two thousand dollars. 17. You have stated that -part of the piles were furnished, where are the balance of them, and who is to get them to the ferry? 22 The balance of them are on the banks of the Newark bay, and the Plank Road Company are to pay the expenses of getting them to the ferry. 18. How is the ferry boat on the Passaic river worked? It is worked by steam and chains. 19. What number of chains are used, and how is it worked? There are three chains, one running through the centre of the boat, over drums, and the drums are revolved by a steam engine; two side chains, one on each side, running through cast-iron rollers. 20. How are the chains fastened? The chains are fastened to a cap on spiles on each side of the river. 21. What is the use of the centre chain? The centre chain takes the boat backwards and forwards. 22. What is the use of the side-chains? They guide the boat. 23. What has been the operation of this boat as a ferry boat to accommodate the public? It operates very bad for a greater portion of the year. 24. What are the chief objections to it? Can't keep the chains together-they break. 25. What causes the chains to break? In the spring and fall the wind and tide; in the winter season the continued flowing backward and forward of ice. 26. How frequently upon an average, during the spring, fall, and winter, do they break? I should judge once, and I don't know but twice a week, upon an average. 27. How long, upon an average, does it take you to mend the chains when broken? It often takes six lnours, and once in a while it takes twentyfour hours; sometimes we can do it in three hours, sometimes in an hour; it has been done in half an hour. 28. What effect has the breaking of the chain on the amount of travelling? 23 The next day after the chain has been broke our receipts are small-three or four dollars; then the travel increases till the chain breaks again, when it falls off again; it will increase to thirty or thirty-five dollars a day. 29. When the ferry is stopped by the breaking of the chains, what do the vehicles going to New York have to do? They have to tvrn around and go back. 30. What distance do they have to go back, to get to the centre of Newark, where they start from? About three miles. 31. How far do they have to go back when coming from New York, to get on the other road to Newark? About three miles and a half. 32. How many tems at a time have you known coming from New York to go back, at any one time, when the chain was broken? I have counted forty-five there at one time, and more coming, that had to go back-in this case it was after dark. 33. What is the course and rate of the currents, where the ferry is, in the river? They run nearly north and south; I should judge it run from three to four miles an hour, according to which way the tide is running and the wind blowing. 34. What is the effect of the wind and tide on a vessel with the wind and tide against them, at or near the ferry? If the wind is blowing up the river, and the tide running up the river, they can't get down, (not any sized vessel) unless the wind is blowing very light, they can't get down; they must anehor till the tide changes; it is not uncommon to see from four to five vessels anchored there until the tide does change; the same effect is produced when the tide and wind is the other way. 35. What is the prevailing course of the wind at the ferry during the year? Southwest and northwest generally; they are the most common winds. 36. What is the nearest object to the ferry, that can interfere with the force or direction of the wind at the ferry? 24 I know of nothing within two miles, that could affect the wind. 27. In your opinion, and from your knowledge of the winds and currents at the river, could any ferry boat be erected at the river that would operate as a ferry, better than the present one does? (Objected to by Mr. Parker.), I don't think there could. 38. Can you give the number of vehicles per week that pass over the road, if so, give as near as you can? Supposing that there has been no breaking of chains, or detention in any way, we pass over between eight and nine hundred teams per week, and sometimes it runs up as high as ten hundred. 39. Since you have been Stuperintendent, how have the expenses of keeping the road, compared (with the exception of purchasing the plank and relaying the road) with the receipts? I don't think the receipts of the road pays the expenses. 40. Who takes the receipts and pays the expenses? I receive all the money, and pay most of the expense. 41. When was you first appointed Superintendent of the road? I think it was the first day of June, 1853. 42. Since that time has there been any dividends declared, or anything paid to stockholders? No sir, there has been no dividend; we were crowded hard to keep up the expenses. 43. What articles are principally carried to New York on the road? Articles that are manufactured here in town; most everything. 44. What are brought from New York principally? Materials for manufacture, and produce of every description, such as potatoes, flour, butter and cheese. David A. Hayes, Esq., offered in evidence, on part of defendants, maps of plans, marked as exhibits " H. No. 4," and " H. No. 5." 25 (Witness being shown exhibit H. No. 4, is asked. 45. What is that? It is a side view of a plan of a bridge adopted by the Company. (Being shown exhibit H. No. 5, he says it is a ground view.) 46. What is the plan of the construction of the bridge? There are spiles driven for the foundation of the bridge, in sufficient quantity to make it strong; there are caps placed on the tops of these spiles, then plank sufficient to make it strong and durable; then iron-work to receive the cast-iron rollers; they revolve around between the bridge and the plank; then the bridge at the centre rests upon an iron turn-table, which runs upon the rollers; the bridge is 172 feet long altogether, and rests upon the centre pier, on which is the turn-table, having an opening on each side of the turn-table of 66 feet in the clear; the bridge revolves clear round either way; it is turned by means of a pinion-wheel and cogs at the centre of the bridge; it takes less than four times turn of the crank to put the bridge square offto open the draws-and the same to put it back again; I think it can be put off and taken back in something less than a minute. 47. How is the centre pier constructed on which the turntable lays? There are spiles driven in the bottom of the river, I suppose about three or four feet apart, sufficient for a free circulation of the water. 48. What construction is made toaprotect the pier and the bridge? There is a row of spiles running out fifteen feet from the side of the turn-table on each side, in a circle, and then a straight row of spiles running out from the centre of the turn-table to the circumference of the circle of spiles, as appears marked on exhibit H. No. 5. 49. In the plan exhibit H. No. 5, there are two marks on the sides of the bridge, what does the space between those marks and the four lines showing the sides of the bridge, represent? 26 That represents the tow paths for the Morris canal to tow their boats over. 50. What is to be the height of the bridge over ordinary high way? It is calculated to be fifteen feet. 51. What is the width of the bridge itself? The travelling part of the bridge is to be twenty feet, and a tow path on each side of four feet. 52. How is the bridge protected from injury from vessels? The circular row of spiles protects the bridge at the centre, over the turn-table, and the man at the crank must keep it away from the vessels, and he can do it with perfect ease; he con move it faster than any vessel can sail. 53. How is the superstructure of the bridge made? By lattice and truss-work, supported entirely by the centre pier being equally balanced., 54. Where is the channel in the river at the ferry, and what is its width and depth? The channel commences about one-third of the way from the east side of the river, and extends about two hundred and fifty feet; the average depth of the channel is about twelve feet and a half, that is at about half-tide. 55. Have you examined the effect of the spiles now driven into the river at the ferry, as to creating sandbars, and if so, what is it? I have; it has not created any sandbars there; on the contrary, the mud and sand hai washed away from around the spiles, and it is deeper around the spiles than it is from five to twenty feet from it; the current is so strong that it washes everything away from. around the spiles, and it is impossible for any sandbar to be formed there. 56. Have you made an examination of the effect of spiles driven in the river anywhere else, and what is the result of your examination? I have examined the spiles and bed of the river at the bridge over the Hackensack river, where there are large clusters of 27 spiles driven, and no sandbars have been formed there by them; on the contrary, the depth of the water is increased around the spiles. Examination adjourned until July 22d, instant, at 10 o'clock in the forenoon. July 22d, 1856, pursuant to adjournment examination resumed. Present David A. Hayes, Esq., counsel for defendants and Courtlandt Parker, Esq., counsel for plaintiff. 57. What would be the effect of spiles driven in the river, in the manner proposed for the bridge, as to creating sandbars, or not? (Objected to by Mr. Parker.) It wouldn't create any sandbars. 58. What would be the effect of the bridge as proposed, on navigation? (Objected to by Mr. Parker.) I don't see that it could have any effect on navigation, because when the wind and tide is so that a vessel can sail in that reach, they can-sail through the draw as easy as in any part of the river. 59. What do you mean by a reach, and how long is it? A straight course in the river, and I suppose about a mile and a half or two miles. 60. How far out on the east side from low water mark, is the pier, float and wings? The pier is ten feet from low water mark,to the float, and the float extends forty feet further, and the wings fifty-five feet further. 61. How far on the west side from low water mark? The pier part of the bridge, forty-five feet, float forty feet further, and the wings seventy-five feet further-I measured them both this morning with a tape line. 28 62. What is the distance between the wings on the east and west side? I measured it last winter on the ice with a tape line-it measures three hundred and thirty-five (335) feet-that is as it now stands. 63. When was the river closed by ice last winter and when was it opened in the spring? It closed up immediately after Christmas, I think, and opened about the first days of March. 64. When the river was opened, where was it first opened, in relation to the ferry? The ice above the ferry opened two or three days, I think, before it did below, which is generally the case when it opens, after being shut up; the ice first breaks by floating from the ferry up, an&on the return of the tide floats down against the ice below the ferry and is there held, and when the ice so comes down, it sometimes stops our ferry,]the ice jams there at the ferry against the ice below. 65. Can you use a heavier chain than the one now used on the chain boat? Not to any advantage at all. 66. Why not? It would be so heavy, we couldn't handle it to mend it'when it broke. 67. How many men does it take, and what difficulties have you to mend the present chain? It takes four and five men, when the chains break; we have to go to the ends that are made fast, with the yawl-boat, and there (as we term it) we underrun the chain till we get to the end of it and then we make a large rope fast to it, and carry that rope to the drums in the boat and put the rope around the drums and wind that around it till the chain comes to its place, and then fasten the two ends together, by means of a device and pin, which we always have on hand; the difficulty in mending the chain is the high winds, swift tides and ice; when there is a heavy wind we can't mend it at all, except at slack water; we have 29 upset our yawl-boat and come near drowning two or three men in attempting to mend it-we always try to mend it immediately. 68. In answer to question 46, you have spoken of the time in which the pivot bridge can be turned off by turning the crank less than four times, will you more fully explain that? We allow our turn table to be thirty feet across it, which would make ninety feet around it, one fourth of that distance is twenty-two and a half feet-that's the distance our pinion wheel has to travel to turn the draw off-the pinion wheel to be 2 feet in diameter, makes six feet around it-by turning that around 4 times it would carry it twenty.four feet instead of twenty-two and a half. Cross-examined by Mr. Parker. 1. In what ferries have you been employed before this? I was never employed on a ferry before this-not directly, that is to make it my business. 2. To what business were you brought up? I was brought up till I was about eighteen years old, a farmer -then from that time, I have been on public works, most of the time-different kinds. 3. Where-state the works and your position in them In the first place, I was in Albany building bridges from the main shore to the pier; I superintended the work; I have been engaged on the locks and feeder from the Hudson river to the Northern canal; I was a year or two there; I was superintendent; either before or afterwards I was superintendent on the railroad running from Albany to Buffalo-the road was building; Ilwas on the Chenango canal awhile, superintending the building of the canal and locks; I was superintending the building of the dam on the Croton works; I was there a little over three years; I was then on the Morris canal awhile, superintending the building of a lock in Newark; I was superintendent in the Navy Yard at Memphis, Tennessee, on and off for two years; I went from Memphis to Mexico for the Government; I took out about 30 one hundred horses and forty men; I went as wagon master (as they call it in the army); I was in Florida and Georgia in Government employ; I left the Government employ, and was in different parts of the United States, on my own business, until I left here for San Francisco in December, 1848; I was in California for some time on private business, and finally came home to Newark the fall before I was employed by the Plank Road Company. 4. Has any heavier chain than the one now used, been tried on your ferry? I don't think there has been as yet, one much heavier than the one now used; I did not see the other chains, when new; I should judge from appearances they were about the same as the one now used. 5. State if you know the situation of the river as to'ice, and its breaking up last winter, beginning at the railroad bridge and coming down The ice got loose and was floating backwards and forwards from that bridge ns far as the Commercial Dock, there it jammed for about a week, then it opened down, perhaps one hundred rods further below, for a day or so; then a day or so'after it was open as far down as the Chemical Works, and there jammed again; the next jam I saw was above our ferry, but it did not affect us for two days after, then it broke away and came down to the ice below the ferry; it was there, I think, about two or two and a half days before it broke and went off. 6. What made it loose at your ferry? We had a hole open forty or fifty feet wide at our ferry, which disconnected the ice; this hole was made by our boat. 7. How was it, open above your ferry, clear across, or held to any extent by the wings? It was open clear across; it was not held by the wings; when the ice came down it broke up the ice twenty or thirty rods below the ferry, and the return tide took the ice all away clean, so that there was no ice in sight above, while it was good crossing 31 on the ice one hundred rods below for a footman, and I believe a horse could have been taken across. 8. You have described the bridge, how do know that this is the bridge contemplated to be built by the Company-has it been contracted for? It has not been contracted for that I know of; I don't know that it is the bridge; I know that it is the plan and specification drawn for the bridge. 9. What person expects to erect this bridge e I expect to build it myself. 10. Who drew the plan? I don't recollect the name; some man in Chicago. 11. In describing the action of the bridge, do you speak from experience of such a bridge? I speak from experience of different turn tables operated the same as that. 12. Do you know when this Plank Road was opened? I do not; I was in California at the time-guess it was open in 1851 or'52. 13. Do you know at what outlay for plank, and laying it? No sir, I do not-nor can't tell. 14. How large a section is it, that has been re -planked at the expense stated by you, in your direct examination? In the neighborhood of five miles-can't tell exactly-don't recollect-part of the way was two tracts, nine feet wide each, i. e., some part of the way-not much-at the end of the bridges. 15. How long, as exactly as you can say, is the whole of the plank road? I suppose it must have been in the neighborhood of six miles, more or less-never measured it. 16. Has the Company paid any dividend? Not to my knowledge; I've heard they paid a dividend before I came on the road as Superintendent. 17. What means are taken to apprize teams of the chain being broken, or any other cause of delay at the ferry? We send a man immediately from the boat to each end of the 32 road, when we find that we can't mend the chain immediately; we have to notify the people in the same way after the chain is mended. 18. Is that the only mode you use? Yes sir, it is the only mode we can use; the man will meet teams on the road and turn them back. 19. Is any sign-board, announcing the fact to travellers, placed at either end of the road, when the ferry is in order, or when it is not? We have had up sign-boards to that effect, but it is of no use, they would be torn down in an hour perhaps. 20. Where did you place them? Placed them where the gate used to be kept; that is on this side; we never had any up on the other side; the gate-master used to tell them there. 21. How did you find out the number of vehicles per week, that you say passed the road? By counting the number of tickets every Monday morning, I know how many wagons, single and two-horse, that have passed over; I must count them and know every Monday morning, as I then give out tickets to the gate-tenders, and receive pay for what they have sold. 22. What are the receipts per week of the road, and what are the expenses of the road? The receipts are about two hundred dollars per week; sometimes more considerably, and sometimes considerably less; sometimes thirty or forty dollars more, and sometimes one hundred and fifty to one hundred and seventy-five dollars less; for three month in the summer we average about two hundred dollars per week, and in the spring, fall, and winter, we vary materially from ten dollars to two hundred dollars and upwards, per week; I cannot tell the receipts and expenses per year, I never summed them up. 23. How did you find out as to the depth of the water around the spiles, as spoken of by you in answer to question number 55 on direct examination? 33 By measuring with a-pole. 25. How far up and down in the neighborhood of your ferry, did you measure? In the neighborhood of 50 feet, above and below, and in every direction. 25. How did you find the depth of the water for the 50 feet you measured? On the west side of the river at the piers, by the sides of the spiles; I found it there 11 feet and 6 inches deep; fifty feet out in the stream it measures 9 feet 3 inches; fifty feet below it is 9 feet deep; fifty feet feet above it is 9 feet 2 inches; I did net measure more than fifty feet above or below. 26. In building your bridge are the present erections to be taken away? I don't know how that would be; some of them of course -ie will retain, and some of them uiay be removed; I should think the greater part of them we would retain as they are. Re-examined by Mr. Hayes. 1. What effect has the spiles on the ice in the winter, in breaking it up? They keep the ice broke up around them; the ebb and flow of the tide causes the ice around the spiles to be broken up. D. R. SMITH. Sworn and subscribed before me at \ Newark, N. J. July 22, 1856. WM. B. GUILD, Jr., Notary Public. Examination adjourned until the 23d instant, at ten o'clock A. M. July 23d, 1856. Paesent, David A. Hayes, Esq., counsel for defendants; no one appeared for plaintiffs. Examination further adjourned until the 25th instant, at 10 o'clobk in the forenoon. 3 34 August 4th, 1853, present Dzvil A. t-iycs3 Ehq., counsel for defendant —no one appearing on part of the complainants. DANIEL G. CHACE, a witness called by the defendants beingl duly sworn according to law, on his oath, saith: 1. What is your age and where do you resitle? I am 48 years of age, and reside in Newark; have resided in Newark four years and a half. 2. What is your present employment? Chair manufactuer. 3. What was your employment prior to that? Superintendent of the Newark Plank Road and Ferry Corn Tpany. 4. How long was you Superintendent? I commenced the 9th of March, 1852, and was such superintendent until June 1st, 1854. 5. Whet were your duties as superintendent? I had the general oversight of the road-collecting of tolls, and paying of bills. S. What boats were first used? Horse boats-one at each river. T. How did they work for the ferries? They did not answer the purpose at all. $. Why not? The current and tide were too strong for them. 9. What boat was next used on the ferry? The steamboat called the' Enterprise.' 10Q How was that worked? With chains. 11. How many chains were used? A centre chain, for a draw chain, and two side chains, for gp ldes. 12. How did the Enterprise work for a ferry on the Passat did not answer the purpose. 13. What was done as a substitute for the ferry on the Hackensack river? 35 A bridge was built. 14. Why did not the Enterprise answer as a ferry? The winds and tides were too strong, and the chains would break-we could not make them strong enough. 15. What caused the chains to break? The winds, tide and ice. 16' How often on an average, did the chains break.? In the spring, fall and winter months, I should think, 2 or 3 times a week. 17. Did they ever break in more than one place at a time? They did. 18. How long did it take you to mend the chains? From half an hour to 24. 19. Why did it take so long a time as twenty-four hours? The tide and ice run so quick, we couldn't get them up. 20. What boat was next used after the Enterprise 2 The boat they now have, called the Perseverance. 21. How did that boat work for the ferry? It worked better than the other one, but the same difficulties were experienced-the breaking of chains, &c. 22. Did it, or did it not answer the purpose of making a convenient ferry, for the public? It did not. 23. What effect had the breaking of tho chains, on the travel It would throw off the travel for several days; and it threw off a good deal of it entirely. 24. Can you give the number of teams, that passed over the road while you was there? From July 10th 1852, to July 1st, 1854, I can. 25. Will you give us a statement of the number of teams? From July 10th, 1852, to July 2d, 1853, there dassed over the road, twenty-five thousand eight hundred and fifty-five onehorse carriages; fifteen thousand five hundred and thirty-two two-horse carriages; twenty-two thousand one hundred and seventy-one two-horse omnibuses; fourteen hundred and forty-six single horses. 36 From July 2d, 1853, to July Ist, 1854-, there passed over the road, thirty-one thousand three hundred and seventy-one onehorse carriages; seventeen thousand eight hundred and seventeen two-horse carriages; six thousand and sixty-five two-horse omnibuses, and one hundred and sixty-seven four-horse omnibuses; fourteen hundred and ninety-two single horses. 26. When did the omnibuses stop running? On the 25th of February, 1854. 27. Can you give us the whole amount of tolls collected on the road while you was superintendent-if you can, state them. From July 10th, 1852, to July 2d, 18.3, the whole tolls received, amounted to fourteen thousand five hundred and nineteen dollars and fifty-seven cents; from July 2d, 1853, to July 1st, 1854, they amounted to thirteen thousand three hundred and fifty six-(lollars and eighty-four cents. 28. What amount of tolls were received for the last six months you were Superintendent? From January Ist, 1854, to July 1st, 1854, they were; five thousand three hundred and fifty-one dollars and seventeen cents. 29. What were the expenses of the road during the last six months? I can't say exactly, but they were greater than any prior six months, and exceeded the receipts of the road. 30. What was the occasion of the increased expenses of the road? The increase of outlays at the ferry, and wear and tear of the planks. 31. What occasioned increased outlays at the-ferry? The wear and tear on the boat, boilers and engine, freqneut repairs of the chains, and the damage done to the ferry by the wind, tide, and ice. 32. What were the monthly expenses of running the boat at the ferry? Three hundred and twenty-five dollars a month, not including the wear and tear. 37 33. What effect has the wind and tide, in case they are both the same way, on vessels going against them, at or near the ferry? Vessels cannot sail against wind and tide in that reach of the river; I've seen them try for a long time, and then be obliged to anchor, (that I've frequently seen, both above and below the ferry) until a change of wind or tide. 34. Have you examined the effect of the piles driven in the river at the ferry, in forming sandbars? I have. 35. Do they or do they not form saildbars? They do not. 36. What effect has the strong wind and tide on the boat, when in the slip? It prevents us from getting it out without using levers or extra means, which takes time, and extra labor, and causes delay in travel. 37. What is the course of the current at and near the Ferry? Nearly straight up and down the river. 38. In case of the breaking of the chain, or stopping at the ferry, what was those travelling on the river obliged to do Had to return back and take the turnpike 39. What means did you use tolinform those travelling, when the chaiA broke, or the ferry was stopped? We used to send a man to each end of the road, to turn the teams back until the chain was fixed, and in the winter when the ice was in the river, and floating, we had to give the teams notice to go the other way, for we couldn't run the boat when the ice was floating. D. G. CHACE. Sworn and subscribed before me, at New. ark, N. J., Aug. 4, A. D. 1856. WM. B. GrILD,.Jotary Public. 38 August 13th, 1856. Present, David A. Hayes, Esq., counsel for the defendants, and Cortlandt Parker, Esq., counsel for complainants. DANIEL G. CHADE, a witness for defendants, re-called and cross-examined by Mr. Parker. 1. In your list of vehicles which passed the road, you mention omnibuses-what omnibuses were those? Omnibuses belonging to the Newark Omnibus Co. 2. Is the line now in existence? No sir. 3. What has become of it and the Company? I don't know sir. 4. Was not the line stopped, the omnibuses and horses sold, and did not the concern fail? That was the report; I know that part of the horses were sold, and the line stopped. 5. What was the fare for passengers from Newark to Jersey City, upon the omnibuses? Twelve and a half cents in some, and twenty-five cents in others. 6. That line of omnibuses, was it not a line running between Newark and Jersey City? Yes sir. 7. What was the fare across the river from Jersey City to New York for a boat passenger? Part of the time it was four cents, and part of the time three I think it was changed while the omnibuses were running. 8. Did not the New Jersey Railroad, Company, after the establishment of that line of omnibuses, reduce their fares, so that passengers could go to and from New York for fifteen cents each way, and was not the operation of that to ruin the omnibus business? They did reduce the fare, and it Lad that operation in my op:nion. 39 9. Did not the New Jersey Railroad Companw, after the onnibuses were drawn off, increase their fare again? Yes sir. 10. Give me the amonnt of toll charged for each of these vehicles? One-horse carriages, 15 cents, to Jersey City; two-horse carriages, 25 cents; two-horse stages, 25 cents, and every additional horse more than two was charged 3 cents; single horse, rode or led, 10 cents each. 11. How do you know the number of vehicles that passed? I kept a daily account of them myself; I was on the road; I kept an account by means of the tickets sold. 12. Were the tolls any less in 1854 than they were before that? No sir. 13. There seems in the last half year of 1854, by your statement. to have been a diminution of receipts; I notice also that the omnibuses stopped in February of that year, was the diminution of receipts owing to that account? No sir, it was not caused altogether by the omnibuses stopping. 14. By what else? By the delay at the ferry in consequenca of the ice, and chaia breaking, and the travel getting dissatisfied from these causes. 15. What were the expenses of the road before the last six months, that you were in charge? I cannot answer that; I have made up no statement. 16. Did you make up a statement for the last six month? No sir. 17. Do you know what they were? No sir, I couldn't tell. 18. What portion of the expenses of the last six months were occasioned by the wear and tear of the road? I couldn't answer that question correct, as I have no statement. 19. What proportion of them were occasioned by increased outlays at the ferry-state them accurately.? 40 I can't tell in what proportion, but I know the expenses gradually increased; I can't state with accuracy, but the expenses at the ferry for the last six months were probably a quarter more than before. 20. Were not accounts kept of the expenses and of the occasion of them? Ves sir. 21. By whom? By me. 22 Can you state the proportion of expenses incurred for out lays at the ferry, wear and tear of the planks, and in other matters, for any period prior to your leaving the Superintendcy? That I couldn't give you; I can give you the whole amount, if I refer to them-I have not my books here. 23. What is the Capital Stock of the Plank Poad Company? Couldn't say, for I've never asked the question. (Defendants' counsel admits the capital stock to be ninety thousand dollars.) 24. Do you know if any dividends have been paid, if yeawhen and what? All I know is what has been told me. 25. Do you know what the expense of running the boat was in 1853 and 4-I mean the Passaic boat? I've got the expense engrossed with others; I've already given the estimate. 26. How long was the horse boat on the route? It was on four months while I was there. 27. Was it there before you was there? Yes sir. 28. How many horses propelled it? Four at a time, 29. How large was that boat? Can't say how large it was; should think it would carry about five teams. 30. How long was its average passage? I should think, ten minutes probably, on an average-sometimes over half an hour. 41 31. Through how much slack water on each s'de, did it pass, before reaching the stream? Not any; the wings were not boarded down to the water, and there was as much current there as anywhere else. 32. Was there no excavation of the bank on each side, so as to afford slack water to start in! No sir. 33. What occasioned the longer passages you speak of? Caused by the strength of the current and wind carrying us up and down the river with the tide. 34. Would not u steam engine of greater than four horse power, in such a boat, or one of some such size, have prevented some of this delay? If propelled on the same principle, and no chains to guide you it would not have made much difference, because you would be at the mercy of the winds and tides. 35. Have you had experience in ferries elsewhere? No sir. 36. Were you there when a steam ferry boat was bought? I was not, she was tried before 1 came there; I saw her; she was as big as half a dozen of these horse boats-I mean in tonnage. 37. Give me some idea of her length, and breadth, as compared with the length and breadth of the horse boats? That's a difficult question for me to answer; I never measured either of them; I'd rather not say, for it would be nothing definite. 38. Are you not at all a practical navigator? No sir. 39. How long has your observation of the river, as to vessels sailirg past the site of this ferry, extended back, beyond the existence of the ferry there. It commenced when I commenced the superintendcy. 40, Do you know that complaints were made by navigators about the wings to the ferry as obstructions to navigation? I never heard many complaints from navigators themselven 42 I might say; I have heard complaints from one or two navigators-have heard a great deal from persons outsi le. 41. You say in answer to vuestion 39, that in the winter when the ice was floating, you had to give teams notice to go the other way-how long was the ice so floating, generally? That's rather a hard question to answer; it depended upon the weather-sometimes the ice would float for a week there, and then freeze up and be stationary-then break up and float again for a day or so. 42. How much time on an average, while you was there, was the ferry unused by reason of ice? That's a hard question to answer, because we had to stop according to the tide; when the tide was running and the ice was floating we had to lay still-stop the boat until the ice had passed, or about slack water-and then we could run till the tide got running again. 43. Did you run more or less every day? Some days we were still all day. 44. Can you state any number of days in the winter, as an average of those on which you were still all day? We have been still three and four days at a time, twice probably, occasioned by the breaking of the chains. I can't answer that question; I could not state how many days in the winter we were still. 45. Give any number of days, through any winter, during which you are willing to swear, you did not run your boat at all? My ticket book will show; I cannot now tell; I can give it to you. (Counsel for plaintiffs calls for it.) 46. In what business were you, before you was Superintendent? Manufacturing muslin in Rhode Island. Re-examined by Mr. Hayes. 1. What was the chief difficulty in the success of the Omnibus Company, in carrying passengers? 43 Passengers were delayed many times in getting across the ferry, which caused them to be dissatisfied and leave the road; business men could not go that way, on account of the delay in getting across the ferry. 2. In cross-interrogatory 34, you have been inquired as to the effect of a steam engine in a boat at the ferry-would it make much difference as to the power of the engine, or size of the boat suitable for the fesry, in the effect of the wind and tide on the boat? No sir, I don't think it would. 3. What was the comparative difference of the delay of stopping the ferry boat one or two hours during the day, or of stopping it all day, upon the travel of the road? There was not much difference, because if we stopped for an hour the whole travel for the day would go the other way. Cross-examined by Mr. Parker. 1. Give me the number of vehicles, and the revenues of the road, from the time you became Superintendent to July 2, 1852? I have got a memorandum home; I cannot answer that question. 2. What time did the omnibuses usually take from Newark to Jersey City, when no accident happened at the ferry? One hour was the usual time. 3. Do you know the usual time taken to go by the railroad, from Newark to New York' About three-quarters of an hour. Re-examined by David A. Hayes, Esq. 1. From the 1st of March, 1852, to July 10th, 1852, how much of that time was the road open for travel, and what part, of the time? About three weeks. 2. Why was it closed? On account of the difficulty of crossing at the ferry with the horse-boats; one track of plank was laid through in March over 44 the whole road, but both tracks were not completed before the 1st of July. D. G. CHACE. Sworn and subscribed before at Newark, 1 N. J., August 13, 1856. S WM. B. GUILD, Jr., Jotary Public. August 7th, 1856. Present, David A. Hayes, Esq., Counsel for defendants, no one appearing on part of complainants. IRA BUDD, a witness called by the defendants, being duly sworn, saith: 1. What is your age and residence? My age is 32 years, and I reside in Newark, and have resided there five years. 2. What is your present business, and how long have you been engaged in it? Express business; have been engaged in it four years. 3. What number of teams on an average do you send to and from New York per day? Five each N ay. 4. What kind of teams are they? Four double-horse and one single team. 5. What is the average weight of your loads per day? One team will average forty-five hundred each way; one will average thirty-five hundred each way; then there are two of them that will average twenty-five hundred each way; the onehorse team will average about sixteen hundred each way. 5. What do you carry to New York? Patent leather, enamelled cloth, oil silk cloth, hair cloth, manufactured silk, silver plated ware, manufactured shoes, clothing, hats, and all kinds of goods manufactured in Newark. 7. What do you bring back from New York? 45 Cloths, silks, muslins, merchandize, foreign and domestic, of all description. 8. Have you made any estimate of the value of the goods you carry per year? I have. 9. What is it'? Certainly four million dollars per year; it will run over that. 10. By what route do you go from Newark to New York? The Plank Road, when it'is running order. 11. How does the ferry boat on the ferry at the Passaic river answer? It don't answer the purpose. 12. Why does it not, and what is the objection to it? It is frequently out of order by the chains breaking. 13. How often, on an average, per year, do the chains break? It will average twice a week the year around, and it generally breaks in bad weather-whenever there is a heavy wind. 14. What are you compelled to do when the chains break? Sometimes we wait until until it gets mended, and sometimes we have to turn back. 15. How long does it take to mend the chains? That depends upon the weather; sometimes they can mend it in three-quarters of an hour; sometime it takes one and two hours, and sometimes it takes all day. 16. When you are compelled to turn back, what route do you take? Have to come back to Newark, and take the turnpike, or go back to Bergen and take the turnpike. 17. What is the distance you have to go to get on the turnpike? You can call it at least five miles extra drive, either way we have to go, to get as nigh our place of destination as we were at the ferry. 18. How often during the year have you been so compelled to turn back? On an average once a month, and that always in bad weather; 46 this occurs more frequently in the winter than in the summer months; we prefer generally to wait some hours rather than to turn back; one time I was on the boat when the chain broke, and we floated down the river, and was detained on board three hours, and then had to land on this side of the river, and come back to Newark and take the turnpike. 19. Can you mention any instances when yourself and a large number of others had to turn back? I can, one instance; myself and two of my wagons, and six,other wagons at the least calculation, during a snow storm, (snow some eighteen inches deep) were compelled to turn back, by the breaking of the chains, and it took us that night until 11 o'clock at night to get home, when we should have got home at 7 o'clock, and some teams did not get home that night. 20. What are the objections to the old turnpike road? The first is, the increased distance, not so good a road, heavier hills, and the cars running so near along the road. 21. How near the turnpike road does the railroad run? They run side by side near three-quarters of a mile. 22. What is the effect of their running so side by side? It makes it dangerous travelling. 23. Have you known accidents to happen there occasioned by the railroad cars? I have frequently; I have myself frequently had narrow escapes there, by my horses being frightened by the railroad cars; one man driving an express wagon was killed there, whilst driving a team, his horses being frightened by the cars. 24. In your opinion is a bridge at the ferry on the Passaic river necessary for the business of Newark? I should think it is; it would be a great benefit. 25. From your knowledge of the business men of Newark, can you say whether or not the bridge is generally desired by them? It is, universally desired. (Being shown paper marked exhibit H. No. 6, witness says:) I have before seen that paper; I know a large majority of the,signatures on that paper; it is a petition to the Legislature signed by them, for a law authorizing the construction of that bridge. 47 26. Who are the persons that have signed that petition? They are are all the business men in Newark, that I know, and include nearly all the manufacturers in the city. 27. Why do you take the plank road, in preference to the turnpike? It is a nigher road, best rout and less hills, and although I have to pay at least, three hundred dollars per year more toll on the Plank road, I think it is the cheapest and best road. IRA BUDD. Sworn and subscribed, before me this 7th day of August, A. D., 1856. ) WILLIAM B. GUILD, JR., Aotary Public. Mr. Hayes, on part oi defendants, offered in evidence a paper which I have marked, Exhibit H., No. 6. August 15th, 1856. Present David A. Hayes, Esq., counsel for defendants and Courtlandt Parker, Esq., counsel for plaintiff. IRA BUDD, a witness called by defendents, cross-examined by Mr. Perker. (Questions numbers 24, 25, and 26, in direct examination, also paper offered in evidence, and marked Exhibit H., No. 6, objected to by Mr. Parker.) 1. Have you an office in Newark? Yes sir. 2. Whereabouts? On the corner of Market and Broad streets. 3. Wereabouts are the places from which you get the merchandise you take to New York, and to which you bring what you fetch from there? We take it from, and to all parts of the city of Newark-the 48 body of my work lies west of Broad street and south of Market street. 4. Have you any principal and regular customers? They are all regular customers, except a few transient. 5. Name the concerns and the sort of business they do, who are your regular customers; 1ll have to get my ledger; I can't remember half of them, there are some sixty or seventy principal ones-Halsey & Taylor, patent leather manufiactuers; Prentice & Brown, enameled cloth men; John Young & Son, Morroco dealers; J Melleny hatter; James Collins, hatter; Gurney & Co., silk nauufacturers; John Golt, hat manufacturer, William Mason, saddle-bits and harness hardware; Little & Payan, clothing manufacturers -I do part of their work; Gordon & Fulling, clothing men; Perry & Co., clothing manufacturers, I do part of his work; Eo H. Sigler, frame maker; Moore and Seely, hatters; A. B. Alston, hatter-I do part of his work; C. H. Harrison, and Co., patent leather manufacturers; Hoyt Brothers, patent leather manufacturers; Sherriff and Ward, hair-cloth madufacturers; Ninniger & Santemeister, table cloth manufacturers; John Tol! er, castor manufacturer; D. J. Terhune, shoe manufacturer; John Terhune & Son, shoe manufacturers; J. To Mix, shoe manufacturer; William Pemberton, metal, silver and copper worker -I think we cart for principally all the dry good stores-more or less-that's a business, that's not regular. 6. Describe she manner in which your teams are loaded, and started in the morning, and in which your business is done? The first wagon starts at half past eight; I stay at the office the wagon is loaded full-sometimes our wagons come to the office already loaded at the factories; their is other freight picked up by our city wagons, and brought to the office, and if not full loaded, are then loaded full at the office; then it is carried to New York and there distributed; then the wagons return from New York with goods, and are generally overhauled at the office. T. How big is your office? 49 My office, ain't over twelve by fourteen feet. 8, Have you any ware-house there? No sir. 9. Where goods are forwarded by your wagons, are they not in boxes or other covering? They are in boxes-some papered and not papered, and in all states-one half of the time we have to paper them ourselves to save the goods. 10. How do you charge for them, by the ton? By the bundle, by the size of the case, and by the ton. 11. What are your yearly receipts. (Objected to by Mr. Hayes.) My business receipts will amount to thirteen thousand dollars per year. 12. What proportion of it is carried by the ton? There would'nt be one-fifth of it. 13. How many tons weight do you carry per annum? I have no other answer than that I have already given. 14. What is the price per ton of such as you carry by weight? Heavy ware and raw materials, twenty shillings. 15. You have made an estimate here of the value of the merchandise you carry-how do you come at it? By a statementfrom my customers of each man's business. 16. Do you mean that you asked your customers, what was the value of what each one sent by you? Yes sir. 17. Was the statement verbal? It was nothing written. 18. How came you to get it For satisfaction for myself. 19. When did you get it? I got it once some eighteen months ago, and again the last six months. 20. Did you not get it by the request of some persons connected with the Plank Road Company, or for the purpose of furthering their desire for a bridge? 4 50 Nobody requested me to get it-I can't say that I got it for the purpose of furthering the desire of any one for the bridgethe way I come to get it was this: it was stated that the river men did so much business; I wanted to see what portion I did. 21. Were you engaged in this business before the Plank Road was opened? Yes sir. 22. How long? I can't recollect the time exactly; I was in partnership one year; it is safe to say eight months that I travelled the old road for myself. 23. What do you make the distance to be from the corner of Market street to Jersey City on the Plank Road and that on the turnpike? It is stated to be two miles difference; I can't tell what it is; I can tell the difference of time it takes. (The latter part of the answer objected to by Mr. Parker as not responsive.) 24. Can you tell me what the average charge per ton would be of those goods which you carry, by the package or case? I can't give any idea of it. 25. Don't you know about how much each load brings you? I don't choose to answer that question. 26. Tell me the entire number of tons you carry per annum? It is the same as I've stated in my teams; I've not summed up the whole amount. 27. What kind of road is the turnpike? Part of it is macadamised, and spots of it is mud; I term it all a macadamized road all through' at present. 28. In what order has the plank road been before the late relaying-for a period of a year or so back? Well, some spots in it was in bad condition, and most of the way good. 29. In re-laying it, have they a double plank track? No. 30. How is it! 51 One track is a plank of from eight to nine feet wide, and the other is a mud and cinders. 31. Which of the two tracks is preferable? A great many differ on it; my opinion is, that with a heavy load I prefer the plank; with a light wagon I prefer the dirt. 32. Have you had experience in other plank roads? No. 33. From your experience here, have you not found the wear and tear upon plank roads such that they cannot long remain profitable? I should term it a benefit to the travel-whether it is to the company I cannot state. 34. When it is out of order is it not a very troublesome sort of a road? (Objected to by Mr. Hayes.) The greatest objection I know of is the boat; this road out of order is not worse than any other road when out of order. 85. You have spoken of a manss being killed by reason of his horses having taken fright at the cars; were you there? No sir. 36. How do you know about it? That what I ws informed. 3T. Was anybody with him that you ever heard of? I can't speak positively as to that; I'veheard that there was one other team there. 38. Tell me the narrow escapes you have had there? I had a horse that came near running in the Hackensack river with me, scared at the cars. 39. How near running in the river? It was as much as I could do to keep him from running off. 40. Have you never had a horse shy when crossing the tracks at Market street, and don't you know that a man was killed there by reason of the cars? I've had horses shy there, and I know a man was killed by the cars. 52 41. You have spoken of the bridge being burned down over the Hackensack-the railroad bridge I believe, was it not? Yes. 42. How long was they building it anew? I don't know-two or three months I believe. 43. How did the passengers between Newark and New York get across the Hackensack at that time? They rigged a sort of a ferry there. 44.'What sort of a boat had they? A steamboat I think; I didn't travel the road much then. 45. You have spoken of an occasion when several wagons during a snow storm were compelled to turn back on the plank road by the breaking of the chains at the ferry-when was that? It was a year ago this last winter; I don't know the month. 46. Did any other such occasion happen in your experience that winter? My experience is only once, so far as I am concerned; I personally did not experience it but once. 47. When the chains break, do they all break? Well, they sometimes all break, and generally the centrechain breaks, and then they can't run. 48. What is that space upon the turnpike where the railroad and turnpike are side by side-between what points? From the Hackensack bridge to where the Paterson road crosses the turnpike. 49. Do you know whether it is not projected to change the site of the turnpike there, or lay a new road to commence with the Hackensack bridge some distance off from the railroad, and joining the present turnpike upon Bergen hill? (Objected to by Mr. Hayes.) I've never heard anything about it. 50. You have said there are hills on the turnpike-whereabouts? Going down, there are two hills before getting to Bergen-one at the Paterson depot, and the other one probably a quarter of a mile further off; coming back, there are two hills before you get in the city this way-Bergen hill and Bridge street hill. 53 51. Describe the hills, if any, on the Plank Road? There is one hill each way going down-the Bergen hill-and coming back the same hill. 52. Do all expressmen carry about the same articles and in about the same variety-you and Barnet for instane do? No, they are altogether different from mine; they don't follow the kind of expressing for the most part that I do-they are more on the big freight. 53. Do you own any stock in the Omnibus Company, or Plank Road? No sir. 54. Have you any idea how much any of the freight you carry is worth per ton No sir, I have no idea; it is hard telling when we have on a load of different packages to tell what they are worth; I have before now brought up a ton of silk at one time. 55. Is there not express business of this sort done by other lines upon the other road? There is one freight line on the other road. Re-examined by Mr. Hayes. 1. What differenee of time does it take between the turnpike and the Plank Road with your teams? It takes express wagons from twenty minutes to half an hour difference. 2. When you say the turinpike is McAdemnized, what do you mean by that? It is -McAdemized with stone-that is, broken stone thrown on the road. 3. You have stated that there is one track laid with plank, is not the other track plank under, and covered with cinder-that is, on the plank road? Yes sir. Cross-examined by Mr. Parker. 1. This plank that is covered with cinders, how deep is it covered? 54 I should suppose four inches; I don't know whether it is more or not; I don't go over the road more than once from three to four months, that is, during the last year. 2. How often have you personally been obliged to turn back by reason of the chain breaking? Once, two years age, I happened with an extra wagon. 3. Then do you know of your own knowledge anything about the number of times the chain has broken? Of my own knowledge only this once. 4. On an average, and all things considered, do you think you gain time by the use of the Plank Road As a general thing we gain time; we gain time except when the chain breaks. IRA BUDD. Subscribed and sworn before me, at Newark, ) N. J., August 15, A. D., 1856. WM. B. GUILD, Jr., Jotary Public. Examination adjourned until Aug. 16, instant, at 10 o'clock in the forenoon. PETER S. CLEARMAN, a witness called by the defendants, being duly sworn, saith: 1. What is your age and where do you reside? I am 39 years of age, and reside in the city of Newark. 2. What is your business, and how long have you been engaged in it? I am in the.express business between Newark and New York, and have been engaged in it about five years. 3. What number of teams, on an average, do you send to New York in a day? On an average, five a day; sometimes four, and sometimes six and seven a day. 4. What kind'of teams are they? Three two-horse teams, and the others are one-horse express wagons. 55 5. What is the average weight of your teams per day? My big express wagon will average forty-five hundred each way; I have one that will average forty hundred each way; my other will average thirty hundred each way, and the two onehorse wagons will average about fifteen hundred each way. 6. What do you carry to New York? I carry patent leather, carpenter's tools, clothing, hats, harness, enamelled cloth, dry goods, and all kinds of article manufactured in Newark; I can hardly enumerate all I do carry. 7. What do you bring back from New York? Principally dry goods, leather, and other articles that are used in manufacturing. 8. Have you made any estimate of the value of the goods you carry per year? I should calculate I carry two aud a half millions per year; I cannot tell exactly, but I should think that it would equal that amount. 9. By what route do you go to and from New York? I go the Plank Road, that is, when I can. 10. How does the boat on the ferry at the Passaic river answer for a ferry? It does not answer at all, that is, it does not answer in the spring, fall and winter, when we most need it. 11. Why does it not, and what is the objection? Because the ice and high winds are continually breaking the chains, and thereby preventing the travel. 12. How often, on an average, per year, d the chains break? At least on average as often as twice a week the year around. 13. How long does it take, on an average, to mend the chains? From half an hour to three hours, and sometimes not at all until the wind gets down. 14. What are you compelled to do when the chains break? Compelled to turn and go back. 15. When you are compelled to turn back what route do you take? If going to New York we have to return to Newark and take 56 the turnpike, or if coming from New York, have to go back to Bergen Hill and cross over to the turnpike. 16. What is the distance you have to go from the ferry to take turnpike? It is over five miles extra drive either way, if we have to take the turnpike. 17. Aow often during the year, on an average, have you been obliged to turnpike? In the summer time we do not so often turn back, because we wait longer for the chains to be mended; but on an average about once a month during the year. 18. Can you mention any instances when yourself and many others were compelled to turn back? I recollect the instance, but cannot specify the time and instance; I recollect when there were nearly fifty teams had to turn back; another instance, I remember, when I did not get home till 3 o'clock in the morning. 19. What are the objections to the old turnpike road? The principal objection is the greater distance; the road is harder on teams; the hills more difficult, and the great danger of the railroad running parallel with the turnpike so far. 20. How far does the railroad run directly parallel with the turnpike? I should think about a mile. 21. What is the effect of the railroad running so side by side with the turnpike? It is very dangerous from their frightening the horses, and the more so from the fact that the railroad is elevated some ten feet and more above the turnpike. 22. Have you known accidents to happen there from the railroad? I have frequently known horses to be frightened there and run away, scared by the cars; persons have been injured there, and in one instance an express wagon driver was killed by his horses being frightened. 23. In your opinion, is a bridge at the Ferry on the Passaic river necessary for the business of Newark? (Objected to by Mr. Parker, as incompetent.) Yes sir, it is absolutely necessary. 24. From your knowledge of the business men of Newark,can you say whether the bridge is generally desired by them? (Objected to by Mr. Parker.) Yes sir, it is universally desired, except a few men engaged in the freighting business on the river. (Objected to by Mr. Parker as incompetent and irrelevant.) (Being shown paper marked Evhibit H. No. 6.) 25. Have you seen that paper before, and what is it? (Objected to by Mr. Parker.) Yes sir, it is a petition to the Legislature petitioning for a law authorizing the bridge at the Plank Road Ferry. 26. Are you acquainted with the signatures attached to that paper? (Objected to by Mr. Parker. I am acquainted with the most of them. 27. Who are the persons who have signed that petition? (Objected to by Mr. Parker.) Nearly all the business men in the city of Newark, including nearly all the manufacturers and merchants. 28. What is the difference of toll on the Turnpike and the Plank Road? For a two-horse team it is twenty-four cents more on the Plank Road than the Turnpike, and for a one-horse wagon it is sixteen cents more on the Plank Road than on the Turngilke 29. Why do you take the Plank Road in prefterece to the Turnpike? Because it is nearer, and the wear and tear on horses and wagons is less than on the other road. 30. What is necessary to make the Plank Road a good and convenient road for the public? (Objected to by Mr. Parker.) A bridge over the Passaic river. PETER S. CLEARMAN. Sworn and subscribed before me at Newark, N. J., August 7, 1856. i WM. B. GUILD, JR., JVotaty Public. 58 Examination adjourned until the 8th of August instant at ten o'clock in the forenoon. August 16, 1856. Present, David A. Hayes, Esq., counsel for defendants, and Cortlandt Parker, Esq., counsel for complainants. PETER S. CLEARMAN, a witness called and examined by defendants; cross-examined by Mr. Parker. 1. State the manner by which you calculate, as you say, the value of the goods you carry? I get it from the persons I do the work for, having asked them the question what the amount of their business with me is; I cannot tell anything about it to a certainty, only from what they tell me. 2. Do you go to New York with your wagons yourself? I have until within the last year; I have since then had so much business, I haven't gone regularly with them. 3. How often within the last year haveyou gone with them yourself I don't suppose I have drove over the road the last year over thirty times. 4. How many times within the last year have you yourself been compelled to turn and go back by reason of the chains breaking on the ferry boat? I cannot say that I've been compelled myself to go back any one time. 5. Before -the last year how many times have you yourself been compelled to turn back fiom that cause 2 I could not say positively, but I should think fifteen or twenty times; can't say positively, never kept any record of them. 6. Before the last year, I understood you that you drove your wagons regularly, you mean, I suppose, every day? I made a practice of driving my wagons; I may have missed a -day. 7. You mention one instance when you did not get home till 3'o'clock in the morning, when was that? I can't say positively; it was a year ago last winter; it was a very bad snow storm. 8. Do you remember whether Mr. Budd was also turned back that night with you? Yes sir. 9. By what way did you cross at that time We crossed by Dey's road. 10. You took that, did you not, in preference to going back to the point where you usually cross over to the turnpike? Yes sir. 11. How was that road that night? Very bad. 12. How deep was the snow? Up to the axles. 13. Was there a cross road broke? No, there was no road broke. 14. Was not that a very unusual storm? Certainly it was. 16. And was not the cross road a mud road across the meadows, not apt to be very good any how? Well, as regards that, in the summer time we would not undertake to cross it; but in the winter time it is frozen as hard as a. brick bat; it is not a regular road at all, it is a mere passage way across the salt meadows, used by Mr. Dey in coming down to his poudrette factory. 16. How long were you detained on that road? It took us, I should think, nearly an hour to cross that road. 17. At what time in the evening did you reach the Passaic ferry, where you turned back from? I sflould suppose in the neighborhood of 6 o'clock in the evening —can't say exactly. 18. Had the storm begun? Certainly, the storm had commenced. 19. How long before? I cannot tell; I know it stormed that day, and stormed very hard, but at what time it commenced to storm that day I cannot tell. 60 20. Had it commenced when you left Jersey City? I think it had, but I can't tell. 21. How deep was the snow wnen you got to the ferry? I can't tell you. 22. How long did you wait at the ferry before you started to come away? Probably from one hour to two hours. 23. What did you wait for? Waited to get the boat repaired-the chain broke. 24. Didn't they tell you it stormed so they couldn't mend it? They were trying all the time to mend it, and when they found they couldn't mend it, they told us we would have to go back. 25. Did they tell you before that that they expected to do so T I don't know whether they told us; we say them trying to mend it. 26. Had you ever had to go back before? Yes sir. 27. Can you remember an instance? I can remember an instance. 28. State one? The time I went back and crossed over the Bergen road, it stormed; then another time, going down from Newark ito New York, the chains broke; they couldn't repair it, and we had to come back to Newark and go down the turnpike. 29. Did it storm at the time you speak of last, or what was the matter? I think it did not storm; I think it was the heavy ice coming down that broke the chains. 30. State any other instance that you remember, when you yourself had to turn back? It is impossible to state any specified time; they happened and happened frequently; I never took any memorandum of them. 31. Were they not, such as youwitnessed, occasions of storms or running ice? 61 Yes sir, ice and heavy winds. 32. You say that you have frequently known horses frightened on the turnpike by the railroad, and run away; that you have known persons to have beeninjured there, and that you have known in one instance an express wagon driver to have been killed there, by his horses taking fright, state any one of these that you yourself saw? I have had my own horses start to run away, that is, not run very far; I turned them into a side road, to get clear of the cars; I've seen horses run away there when I've been going down in the cars; I did not see Mr. Fair's man illed, but it was a notorious fact, that Mr. Fair's horses ran away his driver and killed him. (The latter part of this answer objected to by Mr. Parker, as not responsive and not evidence.) 83. This side road that you speak of, where is that? Well, it is about half way between the Hackensack' bridge and the Paterson depot; a little lane that runs up about a quarter of a mile to a house. 34. Do you know that is projected and expected to run a road from the Hackensack bridge to Bergen Hil, which shall entirely avoid that part of the route, alongside which the cars ran? (Objected to by Mr. Hayes.) I don't know that they do. 35. Is not such a route feasible? (Objected to by Mr. Hayes.) Such a road might be built. 36. When you speak of the average weight of your teams per day, do you mean that they actually carry daily on each trip that ~weight, on an average? That is the average weight they carry. 39. How much per ton do you charge? That depends altogether upon what kind of goods we fetch. 38. What is the average charge per ton? For heavy goods it is twenty shillings per ton. 39. For light goods? 62 We don't carry light goods by the ton. 40. To about what rate per ton do the charges for carrying light goods come? I suppose we get about twenty-five cents per hundred; it is hard telling in our business what we do charge per ton. 41. How much of what you carry is carried per ton? I don'c very often weigh what I carry; I suppose about onethird of my business I carry per day. 42. About what are your annual receipts? That's a question I shall not answer, what my receipts are. (Counsel for complainants explains to the witness that his object in this enquiry is not to pry into his business, in which he certainly has no concern, but to get at facts which he thinks may throw some light upon the correctness of the opinions expressed by the witness.) 43. The question is thereupon repeated? Oh, I decline answering that question. (Mr. Hayes objects to the address of Mr. Parker to the witness.) 44. Whereabouts is your office in the city of Newark? It is close by the corner of Broad and Market streets. 45. What are its dimensions? It is twenty-five by twenty feet deep; should think that was about the size of it. 46. Within what section of Newark is the principal part of the freight you carry to and from New York, gathered and delivered. We go from the jail west, right straight through down to Dawson's east; from the Stone bridge north, to William street south; that is, my regular business; my transient business is all over. 47. What proportion of your regular business is north of Market st.? I should think that one-third of my business is north of Market st. Re-examined by Mr. Hayes: 1. Where is Dawson's factory? It is on the corner'of Ferry and Madison streets-in that neighborhood. 2. How far is that from your office It is all of half a mile. 3. Is it that nearer the ferry than your office is? It is by nearly half a mile. 4. What is Dawson's business? Patent leather manufacturer. 5. How often do you carry from Dawson's Factory? Every day; there may be a day that we skip a day, but nearly every day. 6. How near is the railroad to the.bridge of the turnpike, on the east side of the.Hackensack? I should suppose within thirty feet the two bridges there come together-they start together on the east side of the Hackensack, but on the west side they separate and are much wider apart. 7. You speak of turning back, what other route is there between Newark and New York, beside the Plank Road and Turnpike, for wagons? There is no other route. 8. At the time of the snow storm when you turned back, did you have any difficulty in getting to the ferry No. P. S. CLEARMAN. Sworn and subscribed before me at Newark, N. J. Aug. 16, 1856. 3 Wmi. B. GUIID, Jr., NJotary Public. Examination adjourned until the 18th instant, at ten o'clock A.M. 64 August Sth, 1856. Present, David A. Hayes, Esq., Counsel for defendants, no one appearing on part of complainants. JAMES R. SMITH, a witness called by the defendants, being duly sworn, saith: 1. What is your age and residence? I am forty years old, and reside in Newark-have resided here foo 14 years. 2. What is your present business, and how long have you been engaged in it? The transportation and express business —avee been in the business for 14 years. 3. With whom are you connected in business? With James G. Barnet-under the firm eif J. G. Barnet & Go. 4. What number of teams on an average do you send to and from New York per day? Five each way. 5. What kind of teams are they Two horse teams. (. What is the average weight of your loads per day? Forty hundred each way, for each team. 7. What do you carry to New York? Saddles, harness, clothing, patent leather, hats, shoes, carriages' hubs, spokes, plated ware, malleable iron, machinery, and all kinds of articles manufactured in Newark. 8. What do you bring back from New York? Leather, dry goods, shoes, groceries, drugs, shoe-mack, and all other kinds of mer chandise. 9. What do you estimate to be the value of goods you transport per year to and from New York Five million dollars. 10, By what route do you go to and from New York? By the plank road when the road is in order. 65 11. How does the boat at the ferry on the Passaic river, answer the purposes of a ferry? It does not answer at all. 12. Why does it not, and what is the objection to it. On account of the chains breaking, not power enough in the boat, and I consider the boat dangerous. 13. How often on an average per year do the chains break? It will average twice a week the year around, and almost always when there's a heavy wind. 14. What are you compelled to do when the chains break? Compelled to wait till they are mended, or to turn back the other way. 15. How long does it take to mend the chains? From an hour to two days-as a general thing, we have to wait from an hour to three hours to have the chains mended. 16. What is the distance you have to go back, to get on the turnpike, from the ferry-to get as near your place of destination as you were when at the ferry? From five to six miles. 17. How often during the year on an average, have you been compelled to turn back? On an average, once a month. 18. At what season of the year does this most frequently occur? In the winter season when the travelling on the turnpike is the worst. 19. Can you mention any instances when yourself and a large number of other teams had to turn back on account of the breaking of the chains? I remember one instance when there were about thirty teams, and many of them did not get home till next day noon in consequence of the snow and heavy travelling; there have been other instances, when a large number of teams have had to turn back, and this generally occurs in the worst of weather. 20. What are the objections to the old turnpike road? 5 66 It is further, heavier hills, and very icy in the winter, and the cars running along side of the turnpike. 21. What is the effect of the cars running alongside of the turnpike? It makes it dangerous travelling-persons are in danger of their lives. 22. Have you known accidents to happen there occasioned by the railroad cars? I have; I know one instance, when an expressman was killed, by his horses being frightened by the cars; horses have been injured and carriages have been run away with, upset, and women and children thrown out; it is not safe for horses'to be driven past there. 23. How is the railroad constructed where it runs along the turnpike It is close alongside of the turnpike for from a half to threequarters of a mile, and a greater portion of the way from ten to twenty feet higher than the turnpike, which renders it much more dangerous, than if it was on a level with it. 24. In your opinion is a bridge at the ferry on the Passaic river necessary for the business of Newark? I think it is by all means, and especially for the manufacturing business. 25. From your knowledge of the business men of Newark, can you say whether or not the bridge is generally desired by them? There is not one out of five hundred that are against it; it is universally desired. 26. Why do you take the plank road in preference to the turnpike? Because the distance is shorter, the road better and hills lighter; we can carry one third more load with the same team. 27. Is there a difference in the tolls between the turnpike and plank road, and if so,,what is the difference? There is a difference; the plank road is twenty-four cents on a trip for a two-horse team, greater than on the old turnpike road. 61 28. What is necessary to make the plank road a good and convenient road for the accommodation of the public? A good bridge over the Passaic river. J. R. SMITH. Sworn and subscribed before at Newark,'N. J., August 8, 1856. WM. B. GUILD, Jr., JNotary Public. JABES R. SMITH, a witness for defendants, re-called and cross-examined by Mr. Parker. 1. State'the manner by which you arrive at the estimate given by you as to the value of the goods carried by you to and from New York? We can't get at the exact worth of the goods carried between Newark and New York; I should think by others that have got at it, that we carry one-fifth more goods than they do; our goods are valuable, very valuable. 2. To whom do you refer as having got at it? Mr. Budd has taken a great deal of pains to go amongst his customers and make a pretty thorough investigation of the worth, and we carry a great many more goods than he does, and I think more valuable. 3. How do you know he took the pains you speak of? He told me he did? 4. Do I understand you then that your estimate is made up from hearing Mr. Budd say what was the result of his enquiries amongst his customers, and then adding such anamount as you suppose your business exceeded his? Yes sir. 5. How often do you go to New York with your wagons yourself? I haven't drove a wagon down more than once in two years. 6. Were you yourself ever compelled to turn back at the ferry? No sir. 68 7. Were you yourself ever stopped at the ferry by the chains breaking No sir. 8. You say you have known accidents to have happened upon the turnpike route, occasioned by the cars; do you mean that you saw any such accidents? Yes sir. 9. What one? I saw three horses pretty much ruined on the Hackensack bridge-? 10. State how and when? As to the time I can't exactly state;'tis some ten years ago; the locomotive met the team on the bridge-not the present bridge. 11. That bridge was used by both cars and teams, was it not? The bridges were side by side, I should say; four horses were hitched to a light wagon, and three horses behind; the horses turned and upset the wagon, and threw out all those in the wagon, and run over them; three of the horses were very much injured; this was a drover's team. 12. Have you known any accidents yourself occurring upon thatpart of the turnpike, of which you speak, that extends between the present turnpike bridge and Bergen hill-state any you have yourself seen? I saw a horse run away with a carriage, throw out the driver, a woman and child on the ground, and broke the wagon. 13. When was that? That was some seven years ago, I think. 14. Whereabouts in Newark is your office? Number one hundred and thirty-four Market street; near the corner of Broad. 15. Is it a simple office, or have you a warehouse? That is our office; we have a barn in Maiden Lane, where we keep our goods all night; it adjoins the stable; it is sufficiently large to put in eight loaded wagons. 69 16. Within what section of Newark is the principal part of freight you carry gathered and delivered? I should say it was the heart of the city. 17. When you speak of the weight your teams will carry, dQ you mean that they actually carry daily that average weight? I should think they did; sometimes our loads are heavier, sometimes lighter. 18. What is your average charge per ton? Goods that go by the ton, twenty shillings per ton; our work is mostly piece work. 19. How much of what you carry is carried by the ton? I should think one-third. 20. To about what rate per ton do the charges come for carrying goods by the piece? I don't like to say? 21. Will it amount to more than twenty-five cents a hundred I shouldn't think it would, nor that. 22. Will it amount to more than eighteen and three-quarter cents? That will be about it, I think. 23. About what are your annual receipts? Fourteen or fifteen thousand dollars. Re-examined by Mr. Hayes: 1. You have stated the amount, did you rely upon your own judgment as to the amount you carried, as well as upon the statement of Budd? I shouldn't think that Mr. Budd carried as much as that.(This part of the answer objected to by Mr. Hayes as not responsive.) No sir, I didn't judge that we did carry it. 2. Did you, prior to this consideration, ever undertake to make an estimate of the amount you carried per year? Nothing more than certain loads; I've had the customers tell me that we had on ten thousand dollars worth at a time. (Objected to by Mr. Parker.) 70 2. Have you not within the last year seen horses frightened on the railroad, where it runs parallel with the road? (Objected to by Mr. Parker as leading.) Yes sir, I saw a horse run avay with a load not more than three months ago. J. R. SMITH. Sworn and subscribed before rae at Newark, N. J. Aug. 18, 1856. WM. B. GUILD, Jr., Jotary Public. Examination adjourned until the 19th instant, at ten o'clock A. M. August 19th, 1856. By consent of counsel of complainant and defendants, examination further adjourned until August 20, 1856, at 10 o'clock A. M. August 18th, 1856. Present, David A. Hayes, Esq., counsel for the defendants, and Cortlandt Parker, Esq., counsel for complainants. NOAh F. BLANCHARD, a witness called by the defendants being duly sworn according to law, on his oath, saith: 1. What is your age, where is your residence, and how long have you resided there? I am 31 years of age; I reside in Newark, and have resided there 10 years-a little over. 2. What is your business? Manufacturer of Ja-panned leather of all kinds. 3. How long'have you been engaged in that business? I have been about 18 years in that business. 4. In what concern are you engaged, and where is it located? In T. P. Howell & Co.'s; it is located on New, corner of Wilsey-street, near the County Jail. 71 5. How do you send your manufactured goods to New York? Send them by express and teams by the Plank Road. 6. Where do you get your chief raw materials, and how do you get them? Get them chiefly from New York, and chiefly by the Plank Road. 7. What amount in value of manufactured goods did you send within the last year to New York by the Plank"Road? I think not less than three hundred thousand dollars; at least a thousand dollars a day; I should judge so. 8. What amount do you send by a load? The amount will vary considerable; I should judge from five hundred dollars to three thousand dollars'; last week we sent off several loads, worth nearly three thousand dollars each, on a single wagon. 9. What amount in value of goods did you receive within the last year from New York by the Plank Road? I should think from one hundred and fifty to two hundred thousand dollars; certainly one hundred and fifty, and I don't know but what I might safely say two hundred. 10. Why do you send and receive your goods by the Plank.Road Because the goods go safer; they are put on the wagons at our shop and taken right through to New York to our houses there, and the different lines of shipment, and delivered to the houses there and the railroads by which they are to be sent; it saves all re-loading, which is a serious detriment to our goods; also the expense which we sometimes are put to on account of injury received by handling. I1.'Name some of the goods you get from New York? Oil, turpentine, hides, Japanica, leather, (in rough,) and drugs, are the principal articles. 12. What is the effect upon those goods upon being handled? Japanica, every time you handle it, it makes a waste; it crumbles and loses; it comes in bales; also our drugs come that way, and are subject to a waste; our oil and turpentine it 712 does away with the danger of loss by handling and re-handling; our shoe-mack also, which comes in bags, it loses a good deal, for every time you handle it, there is a loss. 13. How would they have to be handled in case they were sent by railroad or by vessel? They would have to be put on board of a wagon at our factory, carted down to the railroad or wharf, then unloaded and put on board of the car or vessel, and when they arrived at New York they would be unloaded from the cars or vessels, taken by the carmen on their carts to the stores or places of re-shipment. 14. Why do you send by the Plank Road inpreference to the Turnpike? Because we consider our goods go safer, ride easier, and less damage to them. 15. Is there any objection to the Plank Road as it now is, and if so, what is it? I should think there was; I should think the ferry was an objection; at times teams are delayed. 16. In your opinion is a bridge at the ferry on the Passaic river necessary for the business of Newark? (Objected to by Mr. Parker.) I should say it was. 17. From your knowledge of the business men of Newark can you say whether the bridge is generally desired by them? (Objected to by Mr. Parker.) I should say it was. Cross-examined by Mr. Parker. 1. Is not your house doing as large, perhaps the largest business of any in Newark, engaged in the same? I suppose we are doing as large a business. 2. Has any of your manufactures been carted over the upper road? I think not; if so, there has been but little, and at times when the Plank Road has been impassible. 3 3. Have the questions put to you on the part of the defendants been previously shown you? No sir. NOAH F. BLANCHARD. Sworn and subscribed before me at? Newark, N. J., August 18, 1856. 5 WM. B. GUILD, JR., Jotary Public. SAMUEL DOUGLASS, a witness called by defendants, being duly sworn, saith: 1. What is your age, where do you reside, and how long have resided there? I will be nineteen years of age next April; I reside in Newark, and have resided here about ten years. 2. What is your present employment, and how long have you been engaged in it? My present employment is a fireman on the steamboat at the Plank Road ferry, and have been there little over two months. 3. Where and what was your employment prior to that? I was captain of the Plank Road ferry boat; I was such captain nearly one year before that; I have been engaged on the boat at the ferry some fourteen months. 4. Did you keep an account of the number of vessels that passed the ferry? Yes sir. 5. How did you keep it? First keeping tally on a slate, every day by itself; then from that on the book. 6. Did any one assist you in doing it? Yes sir, Mr. James Mullins. 7, How did you divide the time during the day in keeping it? When I was on as captain, I kept it from morning till night; then a man by the name of Sydney Pierson kept it from six to twelve, and Mr. Mullen from twelve till next morning. 8. What time did Mr. Pierson leave? The first of May. 9. Who entered from the slate on to the book first, and up to that time? I did that until about the first of December. 10. Who put it on the book after that? Mr. James Mullen. 1. Did you take an account of all boats of all kinds that passed? No sir. 12. Of. what kind did you not? Of little sail boats. (Mr. Hayes, on part of defendants, offers in evidence the book containing the statements referred to, which I have marked exhibit H. No. 7.) (Objected to by Mr. Parker.) 13. Is the account in this book correct? Yes sir. 14. How often on average during the year do the chains of the boat break? Twice a week. 15. How long does it take you to repair the chains? Generally from three-quarters of an hour to an hour and a half. 16. Do you always repair them in an hour and a half? (Objected to by Mr. Parker.) No sir. 17. How long has it taken you to repair them? Well, I have known it to take from twenty-four to thirty hours. 18. What do teams have to do when the chains break? Some have to turn around and go back; if they wait long enough we take them over. 19. Can you mention any instances during the last year when they had to turn around and go back-if so, mention them? Yes sir; I couldn't tell the time; I know at one time there was from six, eight to ten teams; there has been other times, but I could not state them. 20. When did Mr. Mullins commence putting down in the book? When the river opened in the spring, to my best knowledge. 21. How long during the twenty-four hours does the ferry boat run? I couldn't say; we run during the whole twenty-four hours. Cross-examined by Mr. Parker. 1. How long ago was the last time that the chains broke and teams were forced to go back? I couldn't say. 2. About how long, I mean Well, I couldn't say. 3. Was it three months? It has been longer than that. 4. Was it six? Well, I couldn't say? 5. Has the chain broke at all lately? Not lately. 6. Has it been a good while since the chain broke last? Within six months. 7. Isn't it very rare that the chain takes any particular time to mend it? Well, I couldn't say as to that. 8. How often do you recollect of teams having to go back because the chains couldn't be mended, all the while you have been there? I couldn't say as to that. 9. As many as two or three times Yes sir. 10. As many as four or five? Yes sir. 11. How many will you name? I couldn't say how many. 12. How long have you been employed, one way and another, at the ferry? 76 Twelve to fourteen months. 13. Have you had any new chain during that time? Yes sir. 14. When? I don't recollect. 15. Try to recollect about when? This last spring. 16. How often have you known it to take you from twentyfour hours to mend the chains? I couldn't say. 17. Is there a good deal of business on the road? Yes. 18. How much do you take in a day? On an average ten dollars, at present. 19. What slate was this you kept tally upon? A slate we have always had on the boat. 20. Where is it, and what is it for? In the cabin; it is for keeping tally mostly for canal horses;. we have to keep an account of how many canal horses go over on the boat. 21. Had any one access to it that chose? No sir. 22. Who had? Me and Mr. Mullin. 23. Nobody else? Not as I know of. 34. How long did your tally stay there before you put it on the book? Generally a week. 25. How high above the water were the masts of these sailboats, which you did not keep an account of? From ten to twenty or thirty feet. 26. How many times does the chain break up on an average in the winter? Once a day. 27. Does this book contain an account of Sundays and all? To the best of my knowledge. 28. Have you any knowledge of the book further than where your hand-writing ends? Yes sir. 29. What knowledge? I set the accounts on the slate. 30. Have you compared them? No sir, only.where my hand-writing is. 31. When does your hand-writing finish? In December. 32. What did you get for keeping this account? Nothing over and above my regular wages. 33. Who asked you to do it Mr. Smith, the Superintendent. Re-examined by Mr. Hayes. 1. Where did Mr. Pierson put down the vessels he saw pass? On the slate. 2. The sail-boats you speak of, wheretthey passenger or freight boats, or either? Pleasure boats, mostly. SAMUEL DOUGLASS. Sworn and subscribed before me at New- ark, N. J., August 18th, 1856. WILLIAM B. GUILD, JR., 3Jotary Public. JAMES MULLINS, a witness called by the defendants, being duly sworn, saith: 1. What is your age, where is your residence, and how long have you resided there? My age is thirty-nine; I reside at the city of Newark, and have resided here over nine years. 2. Where are you now employed, and in what capacity? On the Plank Road ferry-boat, as engineer. 3. Was there an account kept of the vessels that passed the Plank Road ferry, and if so, by whom? There was, by me from twelve o'clock at night till twelve in the day, and by Sidney Pierson from twelve in the day till twelve at night-that is, previous to his leaving the ferry; Samuel Douglass has kept it since up to the thirtieth of July. 4. How was it kept? On a slate kept for that purpose; I had columns headed for steamboats, barges, schooners, fore and aft schooners, topsail schooners, sloops, and canal boats; had a square ruled off for each day in the week; I used to take them from the slate into the book every week. 5. At what time did you commence taking them from the slate and putting them on the book? On the 26th day of March. and continued until the 30th day of July, this present year. 6. I notice in'the book some marked hemaphrodite brig, and two marked M. brigs, what kind of vessels were those? They were all meant for hemaphrodite brigs, they were vessels that carried three square sails on foremost and mainsail, same as a fore-and-aft schooner. 7. Do or do not brigs and ships sail up the Passaic? Yes sir, I remember some four or five years ago towing a barque up the river to Newark; I never saw a ship; I remember seeing two full rigged brigs since I've been on the ferry. 8. How long have you been on the ferry? Three years and nine months. 9. How often, on an average during the year, does the chain break? In the winter time they break sometimes four or five times a day; then in the summer they don't break at all sometimes; I should think on an average they break four times a week. 10. How long does it take you to mend the chain? In calm weather we have done it in twenty minutes, and other times I have known it to take from ten o'clock in the morning of one day till six o'clock the next morning; we couldn't work because there was such a heavy sea on us. 11. What is it that breaks the chain? 79 Heavy blows, most generally — eavy squalls, and winds, and strong tide. 12. What do those travelling do when the chain breaks? If they find that we are likely to get it mended in the course of two hours, they'll wait till it is mended; after that, fnding the chain is not mended, they'll turn and go back. 13. Can you mention any instances where they have turned around and gone back, and state the number of teams? Yes-I remember in the spring, I think it was in March, that there was a number of teams coming from New York-I know there was a string almost to the mile-post from the ferry; I didn't count them, but I heard there was forty-two. 14. Any other instance? Yes, this present spring, they had to come back this way. 15. Can you mention any instances that occurred last winter, that you recollect? I know there was two or three times, but I can't recollect the time; I remember one time this spring when there was a string of teams that reached way past my house. 16. How was you employed prior to your employment at the ferry? I was a boatman on the Passaic river. 17. Could, or could not, a heavier chain be used on the boat than the one now used? I think it would be a difficult matter to use a heavier chain. Cross-examined by Mr. Parker. 1. Are you a brother of two captains by your name who are boating on the Passaic? Yes sir. 2. Why do you think a heavier chain cannot be used? Because the tide runs so strong we couldn't under-run the ehain to get the end of ito 3. Has it ever been tried? No sir. 4. Which chain does best, this one, or the one you had beore? 80 This has done better so far since we've used it. 5. Which is the heaviest, this or the last? This new one. 6. When you got it, was you not afraid it was toe heavy? Yes, we were. 7. Did you have a lighter one than the one you had before this? Not in my time. 8. How many chains have you had in your time? This is the second centre-chain; there was one chain in use when I went on the boat. 9. How long did you use that? Only a very short time after I hired at the ferry. 10. How did that compare with the one that was got after you came, any lighter, or heavier It was heavier-that is, the seconrl chain. 11. Is it difficult to tell from the wind or ice running strong, that mending the chain will take some time? It is not difficnlt, for any person can see that is any judge of water; I have known us to go out to pick up the centre-chain, and the ice has drifted on us that we have had to let the chain go three successive times, (The latter part of the answer objected to by Mr. Parker, as not responsive.) 12. Is it generally expected in stormy weather, or when the ice is running down in the winter and spring, that there will be trouble with the chain? (Objected to by Mr. Hayes.) Yes sir, they do expect trouble; I've known the express men to send down to know if the chain is all right. 13. When was this last chain put on? I think it was this last October; late in the Fall. 14. Can you tell us how often it has broken? I should say it would average four times a week. 15. How long ago has it broken to your recollection? It has been broke within two weeks. 81 16. How long before that? I think about ten days before that. 17. And how long before that? I don't know as I could exactly say, but it has broken four times at least within the last six weeks. 18. I ask you for your recollection, do you recollect these cases or estimates? I recollect them, because I helped to mend the chain. 19. How long after you made the first entries on your slate did you copy in to your book those entries? Every week. JAMES MULLINS. Subscribed and sworn before me, at Newark, Aug. 18th, A. D. 1856. WM. B. GUILD, JR., Notary Public. THOMAS W. DAWSON, a witness called by the defendants, The Newark Plank Road and Ferry Company, being duly sworn, saith: 1. What is your age, where do you reside, and how long have you resided there? I am thirty-one years of age; I reside in Newark, and have resided here for nearly the last eight years. 2. What is your business, and how long have you been engaged in it? My business is the manufacturing of Patent and Enamelled Leather; have been engaged in it about eight years. 3. What is the name of your firm, and where is your factory located? The name of the firm' is T. H. & T. W. Dawson; factory is located on block bounded by Ferry, Madison, and Monroestreets, in the Fifth Ward; also a factory on the river; it is nearly at the end of Madison-street. 4. How do you send your manufactured goods to New York? By express over the Plank Road. 6 82 5. Where do you get the chief part of your raw materials, and how do you get them here? In New York City; we get them here by the river, when we can. 6. What amount in value of manufactured goods did you the last year send to New York by the Plank Road? About one hundred and twenty thousand dollars worth I should think we sent in that direction. 7. Did you have any portion of the goods during the last year brought up upon the Plank Road, and if so, when, and why? We had in the winter some considerable brought up; in consequence of the river being closed up; we were bringing up some five hundred dollars worth a day. 8. Why do you send your manufactured goods by the Plank Road? The distance is shorter; the goods can be packed so much later; have so much more time to pack, and they are less jolted in the wagons. 9. What is the objection to the Plank Road? The want of a bridge. 10. Have you ever been delayed or turned back in consequence of the chains breaking, and if so, state one or more instances? The last time I came over the road, some four weeks ago; I got on the bridge just after the boat left, and had to wait there long enough before the boat returned to take me over to have been to Newark if there had been a bridge; it was about nine o'clock at night. 11. Do you own any front on the Passaic river, and if so, where, and how much? I do; I own forty-five feet on the river where the factory is; it is all docked out and used every day or so as a place of landing. 12. Would or would not a bridge at the Plank Road Ferry affect the price or value of dock property where your factory is? I think it would. 8a 13. In what way? It would benefit it. 14. In your opinion is a bridge at the Plank Road Ferry on the Passaic river necessary for the business of Newark? (Objected to by Mr. Parker.) It is certainly a desirable thing that a bridge should be there; and it is as necessary as a railroad or telegraph is in reference to the old fashioned way of doing business. 15. What would be the effect of the bridge at the Plank Road Ferry on the prosperity of Newark? (Objected to by Mr. Parker.) It would be a great benefit; I guess more than people generally think it would. 16. From your knowledge of the business men of Newark can you say whether the bridge is generally desired by them or not? (Objected to by Mr. Parker.) I think it is-in fact I know it is. 17. In what part of Newark, within the last year, have the most factories been built? I should think in the Fifth Ward; and you may take it for the last three years. 18. In what part of the city of Newark has there been the largest number of buildings erected within the last one or two years? I can't tell how they are doing in other parts, but I have stood at my factory door some two or three years ago, and it grew about a building a week, within sight. Cross-examined by Mr. Parker. 1. About the time you mention, was there not a very rapid growth in the city everywhere? Not more so than there is at present, I think-but there was a rapid growth. 2. Do I understand you as expressing the opinion that the erection of a bridge at the Plank Road ferry will increase the price and value of dock property above it? 84 I think it will increase the value of my property. 3. Why? On account of more travel in front of it-becoming a greater thoroughfare in front of it. 4. Does your dock-lot extend to the Plank Road? No sir. 5. Have you acquaintance with the value of dock property generally in Newark, and in other places, and have you been engaged in commercial business, strictly commercial? No sir; the value of property in Newark I know something about; I know they value dock property where I am at one hundred dollars per foot-higher up they value it higher, and lower down less. 6. Do you know whether they value it as high here, or anywhere, above a bridge as below it The property here is valued higher below a bridge than above it, but not owing entirely to bridges in my opinion-for lower down you can get property lower than you can above them. 7. How much in tonnage and value is the amount yearly, in property brought to and taken from your dock? There is more taken from it; the whole of my freighting does not come to my dock; about one hundred and twenty-five thousand dollars worth a year comes to my dock; the balance goes to the Commercial wharf; I speak of what we are doing now-we have never done heretofore as much as we are doing now. 8. What is the difference in the charges for freight by the river and by the road? The teams, to bring up a hide, charge eight cents, some charge nine, have paid as high as ten-that was at a time when the river was frozen up, and roads blocked with snow, and they couldn't bring a full load-this I've done once or twice; if I freight it up on the river and land it on my dock it costs me six cents, three of which goes to the river, and three for cartage in New York; I pay by the piece for hides, and not by the ton; the rate is a dollar per ton; then I have freight which comes up to me bycanalboat, towed up, that is paid for by the captain-I have nothing to do with it. 85 Re-examined by David A. Hayes, Esq. 1. By what freight line do you have your goods brought up from New York? By Johnson's generally. 2. What is the amount in value that Johnson does for you? I should think he brought up one hundred thousand dollarsthe balance that comes up is towed up, that is about fifty thousand dollars. 3. Are you acquainted with the turnpike and railroad where they meet each other? I am. 5. Is that portion of the turnpike safe for travel? I've always driven over that portion of the road with more fear than anywhere else; I've always felt afraid there. 5. Have you known accidents to happen there on account of the cars-and if so, state any that you can recollect? I've repeatedly, while going down in the cars, seen horses very much frightened there, and one instance I remember when a four-horse team broke loose, or upset, and ran scampering over the meadows; this was some three or four years ago, perhaps. THOS. W. DAWSON. Sworn and subscribed before me, at New- ark, N. J., Aug. 18, A. D. 1856. WM. B. GUILD, JR., JVotary Public. HENRY H. JAQUES, a witness called by the defendants, The Newark Plank Road and Ferry Company, being duly sworn, saith: 1. What is your age, where' is your residence, and how long have you resided there? My age is forty-one years, I reside in Newark, and have resided here forty years. 2. What is your business? Hat manufacturing. 86 3. With whom are you engaged in that business? With Rankin, Duryee & Go. 4. How long have you been engaged in that business? Rising twenty-six years. 5. Where is your place of business? In Beaver street, Newark. 6. How do you send your manufactured goods to New York? We send principally by the Plank Road, with our own teams; we send by the Railroad, and by the Turnpike. 7. How many trips a day do you make to New York by the Plank Road with the same team? We always make one, sometimes two. 8. How many teams have you? Three. 9. How many trips a day do you make when you send by the turnpike One trip, 10. What amount in value of manufactured goods do you send per year over the Plank Road? From a quarter to half a million dollars worth. 11. How much do you send over the turnpike? I can't say exactly: I should think from twenty to thirty thousand dollars. 12. Why do you send so much larger an amount over the Plank Road than over the turnpike It is so much easier for our teams to transport our goods. 13. What is the reason you transport them by the turnpike at all? Sometimes we can's get the facilities of the Plank Road; the boat does not run; we try to send by the railroad when we cannot send by the Plank Road,,but sometimes we are not in time for the freight trains; then we have to take the turnpike. 14. What difference of time does it make in a team going by the Plank Road or turnpike? About an hour, provided the load is heavy; if it is light it does not take so long. 87 15. In what way do you get the raw materials used in your manufactory, from New York? We get them in the same way that we transport our goods -by the Plank Road, and a small amount by the river. 16. What amount in value of raw materialsido you bring over the Plank Road, per year? From two hundred and fifty to three hundred and odd thousand dollars worth. 17. What in value do you have brought upon the river? I can't say exactly; the great mass comes by our return teams by Plank Road;' I should think seven-eighths comes by the Plank Road. 18. Who brings up your goods by the river? They are brought up principally by Johnson's line. 19. From your knowledge of the business men of Newark, can you say whether the bridge at the Plank Boad ferry is or is uot generally desired by them? (Objected by Mr. Parker.) I should think it was generally desired. 20. What would be the effect on the business and prosperity of Newark, if the bridge was built? (Objected to by Mr. Parker.) I think it would be an advantage. Cross-examined by Mr. Parker. 1. How do know the amount you send over the Plank Road? A regular invoice of our goods sent to New York is made and entered in our books, and charged to our store in New York. 2. By what mode of conveyance did you, before the Plank Road was opened, send your goods? Principally by railroad. 3..By what other? By river and by turnpike; but very little by river, as we couldn't rely on it as to time. 4. Can you name any proximate amount in tonnage, to which your good sent to New York by Plank Road come? 88 I cannot, for we do not weigh our goods to any extent; they are generally brought up by the package. HENRY H. JAQUES. Sworn and subscribed before me at Newark, N. J., this 20th day of August, 1856. WM. B. GrILD, Jr.. JVotary Public. Examination further adjourned until the 25th instant, at 10 o'clock in the forenoon. August 20, 1856. Present, David A. Hayes, Esq., counsel for defendants, and Cortlandt Parker, Esq., counsel for complainants. CALVIN S. DENNIS, a witness called by defendants, being duly sworn, saith: 1. What is your age and residence, and how long have you resided there? My age is forty years sixth of last January; I reside in Newark; I have resided here for ten years last fall, if I'm not mistaken. 2. What is your business? I am at present engaged in the brick and coal business. 3. Where is your place of business? It is on the dock at the river, on the north of and above Mr. Dawson's dock, and below the Gas dock. 4. Do you own or lease these premises? I lease it. 5. What effect would the erection of a bridge, with two draws of 65 feet each in width, at the Plank Road ferry, have on the value of dock property in the city of Newark? I don't know as I should be competent to answer the question in its full bearing, it covers so much. 6. What would be the effect on the value of property you occupy? 89 I shouldn't consider that it would be reduced in its value for different reasons; it might be some objections to some vessels, or captains of vessels, coming through a bridge, with any sized draw that could be put there; but I am of opinion, notwithstanding, that it would be no detriment, or not materially, with two draws of that dimension, in doing business, in getting materials, which we have to get up the river. 7. What difference would a bridge there with such draws have on the price for which dock property would let? As far as I am concerned I should give as much rent for the use of the dock, with draws there of that description, as I should give if it was not there. 8. Are you acquainted with the Plank Road ferry on the Passaic, and have you seen its operation? I'have. 9. Is it or is it not a safe ferry for travel? I don't consider it altogether safe; I have travelled there at times when I considered it unsafe, and at one time, last winter, at the breaking up of the ice, I had my family with me, and a large quantity of ice making its appearance down the river, close at hand, I felt afraid it wouild reach the boat before we could get out of the way, in which case I was of opinion it would have broken the chains; my family was also afraid of it; at other times, knowing the fact, that it was oftentimes out of order, it has been a question with me whether I had better venture to go thatway or go around by the Turnpike, for fear of the boat being stopped by the breaking of the chain; once, in sleighing time, I had got down as far as Bowery-street, when I ascertained that something had broken, and I had to turn around and go the other way. (Latter part of the answer objected to by Mr. Parker.) 10. Does or not the Ferry answer the purposes of the travelling public? I don't think it answers in full the demand of the public travel. 11. From your knowledge of the current of the river can you say whether boats propelled by wheels can or cannot be used at that Ferry? 90 (Objected to by Mr. Parker.) I am of opinion that a boat could be used, but not to advantage to the travel, nor to the Company, for the reason that the current or the flow and ebb of the tide is so great that no steamboat, according to my knowledge, could run direct across, without being carried up or down the river, as the current might be going, and causing great delay in getting into the opposite slip. 12. What would be the effect of such a bridge there on the business and prosperity of Newark? (Objected to by Mr. Parker.) It is my opinion that it would be an advantage to the growth and prosperity of Newark. 13. From your knowledge of the business men of Newark can you say whether that bridge is or is not generally desired by them? I should think it was desired by the majority. 14. Are you acquainted with the Old Turnpike where it runs alongside of the Railroad? I am. 15. What effect does the Railroad running alongside of the Turnpike have upon the use of the Turnpike as a means of travel? Beyond the Hackensack river, where they come so near together, it's very apt to frighten horses, and has done it, to my knowledge, and at times I have felt afraid to pass there when driving certain horses I have owned, for fear of meeting the cars, passing about the same time. 16. How many ways are there of going to New York with teams, and name them? There are but two ways of getting to New York directly with teams; those roads are, one running from the foot of Bridgestreet, called the present Turnpike, and the Plank Road leading from Market-street. Cross-examined by Mr. Parker. 1. How long have you been engaged in the brick, and coal business? 91 Over two years. 2. At the same place? Yes sir. 3. What is the rent of your place? Five hundred dollars per year; the dock is one hundred and fifty feet square on the Passaic river. 4. What is the amount in tonnage of the brick and coal or other merchandize brought to you yearly by the river? I can't answer, for I've never had anything brought up the river by the tow except coal; the quantity of coal I have brought up the river is very light; the most I have brought is by the Morris Canal; it is inside of one thousand tons a year;' I think it is over five hundred tons I have had, and not to exceed a thousand. 5. Can you tell how many thousand brick? I can't exactly. 6. About how many? From four to eight hundred thousand; I cannot tell more particularly; I should think my brick trade this Spring, from the opening of navigation to the present time, has been five hundred and seventy-seven thousand as near as I can get at it. 7. Do you know about how many brick weigh a ton? I have never weighed a brick that I know of, but I've understood that a brick weighed about four pounds. 8. What business was your's before this-that you are now engaged in? It was in running an omnibus line in the City of Newark, for the accommodation of travellers, to and from the railroad and elsewhere about town. 9. Have you ever done business elsewhere on a dock? No sir. 10. Is it not a fact, so far as your experience has extended, that navigators dread and dislike passage through draws of any width (Objected to by Mr. Hayes.) A greater portion of them. 92 11. Do you know whether or not it is true that at Boston and other places where bridges exist, navigators charge ordinarily higher freight, where the point of delivery is above a bridge? I don't know anything about Boston, their freighting or other affairs. 12. What happened to you and your family last winter on the occasion you speak of? There was nothing that happened; we crossed and just got out of the way of the body of ice by the hurrying up by the Captain of the boat. 13. Did the chain break? It did not, for it had settled to the bottom of the river before the body of ice met it. 14. When you made it a question as you say, whether you had better venture to go that way, or to go around, which way did you go? If I did not know that the chain was broke, I probably ventured that way as a general thing; sometimes I went the other way. 15. When you ventured did it ever happen to you to get to the ferry and be turned back by the breaking of the chain? I don't recollect that I ever got to the ferry entirely and turned back from that cause. 16. What is the rate of the current at the ferry, according to your opinion It moves pretty rapid; I cannot answer as to the rate. 17. Is it as rapid in your judgment as the East River in New York I shouldn't think it was. 18. is there any slip on either side of the Plank Road ferry, excavated into the land, so that the water there may get rid of the force of the current? There is not. 19. The Plank Road wings as now existing, are about three hundred feet apart; suppose a slip made by such excavations on each side, do you think that headway enough could not be ob 93 tained by a steamboat properly made, to shoot across that open" ing; what I mean is, could not an excavation be made into the land, which with the use of steam power would enable a steamboat to cross that opening? I think it could. 20. In the present situation of things, how great delay, on an average, would you expect to take place in getting across with a steamboat? I don't believe that an ordinary steamboat, such as has been experimented with there, could run across in less time, on on an average throughout the year, than fifteen or twenty minutes; whereas if you go straight across, it wouldn't take more than from one and a half to two minutes. 21. The steamboat would succeed better, would it not, in proportion to her length, size and power? I should suppose that a small boat could be made to work better than a large one on that ferry, if any could be made to work practically. 22. Do you know whether it is not contemplated to make a road from the end of the Hackensack bridge, going towards New York, which shall be at a distance from the railroad, and get rid of the necessity of travelling alongside of it (Objected to by Mr. Hayes.) I don't know that there-is any such project talked of at present; I know it was talked of once; I was. called there, but it was given up-that was some two or three years ago-owing to the expense of changing the road at that time; I made an estimate for the working of it, and it was dropped. 23. Have you not been interested in the success of the Plank Road Company, or of the Omnibus Company, connected therewith (Objected to by Mr. Hayes.) I had a direct interest up to about three years ago, or thereabouts;'I then sold out all my interest, both in the Plank Road and Omnibus line. 94 Re-examined by Mr. Hayes. 1. What is the cost value of coal per ton, that you have received by the river? Cumberland coal the average is about five dollars and twentyfive cents per ton, delivered at the dock; Schuylkill coals range from three dollars and seventy-five cents to ~Va dollars per ton, delivered at the dock. 2. What is the cost price of'brick delivered at the dock, per thousand? It ranges from twenty shillings per thousand to seven dollars, those that I've purchased. 3. How far would you have to excavate into the land on each side of the ferry to enable a steamboat to cross the river directly? I should think it would be necessary to go in far enough to get the boats entirely back of the current of the river, so that they might get the steamboat in full motionbefore it is interfered with by the current. 4. What do you mean by full motion? My meaning is that they would have the boat going under such speed, that they could reverse the wheels, and that the motion would carry it into the slip, across the current, into the slip on the other side. 5. From your knowledge of the character of the bottom of the Passaic river, can you say what effect the tides have on the excavations made in and on the banks of the river? (Objected to by Nlr. Parker.) I have no knowledge or recollection of any such excavations. being made, except the Morris canal, where the workings of the tide appear to flow in the excavations and fill them up. 6. Was you present at the attempt to use a steamboat on the ferry at the Passaic? (Objected to by Mr. Parker.) At the time I was interested with the Company we purchased a steamboat at Williamsburg-one of their Williamsburg ferry 95 boats; had her fitted up in good style, to be used at one of our ferries, either at the Passaic or Hackensack, and from the shortness of the distance of the ferries, it was thought not impossible to make it work; owing to the short distance of the crossing before it could be got in proper motion, it would be carried out of its course with the current; believing that some other course could be adopted, that was abandoned, and the chain-boat was adopted, as believed to be a better plan; it was thought by some that by a great outlay and excavation, the steamboat could have been made to work; I myself so thought, but the majority thought different. 7. Was there a trial of that boat, and what was the result of it as a ferry boat? All the trial I know of was while I had charge of her; we first commenced at the Hackensack river with it, to experiment, to see how we could run it backwards and forwards across the river; we were carried with the current out of its direct course so much that we were very much bothered by heading around to the current to get in an opposite position to the ferry again; and at one time we were carried over on to the east side; when we attempted to go to the slip, struck into the mud and stuck some little time; soon after we brought it around, I think by the advice of the President, Mr. Wilson, to the Passaic river-the distance being still shorter in the Passaic river; from what little experience I had in trying it there, I made up my mind that it couldn't be used there without some.great expense, if it could at all, in the way of fitting the slips. 8. Who managed the boat t I can't recollect the name; I think an engineer who had been on one of the Williamsburg boats. 9. What was the cost and size of that boat? (Objected to by Mr. Parker.) I think in the neighborhood of five thousand dollars; can't tell her size; I did know, but have forgotten. 10. Where had she been used prior to being used by the Company? 96 On the Williamsburg ferry-running from Williamsburg to New York as a ferry boat. Cross-examined by Mr. Parker. 1. What is the character of the bank of the river on; each side of the ferry-is it high or low, hard ground or not? The ground is rather of a soft nature, inclined by the working of the water to give way; the banks are not so very high; in high tide in places it overflows. 2. How many passages across the Passaic were made with the steamboat you speak of, so far as you know? I had the steam up a number of times and tried it, but can't tell how many times; we never made any successful direct trips across. 3. Was you Captain? I was not captain; we had a man that we had hired for captain; I had charge of her as a general superintendent of the road; I had a captain and pilot at the wheel at the time of making those trials; I made experiments when I myself had charge of her. 4. Was not the boat in your judgment too long and large for use upon that ferry, and would not a smaller and shorter boat do better? (Objected to by Mr. Hayes.) I don't think that boat or a smaller one could have been made to work on the ferry in the situation in which it was. 5. If you attempted, by excavation, and the use of a steamboat, to cross that ferry, would you or not select a boat smaller and shorter than that? (Objected to by Mr. Hayes.) L I should not, for reasons. 6. Why not? For the reason that a smaller sized boat would not accommodate the travelling public as well as a boat of that size, providing it could be made to work, by digging out the bank; and for another reason, that a larger boat or a boat of that size, when in motion, reaching the current, would be less liable to be affected by the current; it has more weight, more power; it was laid aside at the time we purchased it owing to the practical use of larger ferry boats on the Williamsburg ferry. 7. Was any pains taken by the Plank Road Company to ascertain the cost of proper excavations? I can't say but what there might have been; not to my knowledge. 8. Who ran that boat on the Hackensack river when she experimented there? It was one of the men we had on the Passaic-the engineer. 9. Have you knowledge as to whether the Hackensack river was not crossed by a steam ferry? (Objected to by Mr. Hayes.) Yes, but I never knew it to go direct across. C. S. DENNIS. Subscribed and sworn before me, at Newark, N. J., Aug. 20th, 1856. 5 WM. B. GUILD, JR.,;Notary Public. August 21st, 1856. Present, David A. Hayes, Esq., counsel for defendants, The Newark Plank Road and Ferry Company, and Cortlandt Parker, Esq., counsel for complainants. WILLIAM M. LITTELL, a witness called by the defendants, The Newark Plank Road and Ferry Company, being duly sworn, saith: What is your age, where do you reside, and how long have you resided there? I am thirty-nine years of age; I reside in Newark, and have resided here twenty-five years. 2. What is your business, and how long have you been engaged in it? Carriage making; been engaged in it for myself fifteen years. 3. With whom are you now engaged in busness, and what is the name of your firm? 98 With Edward L. Hedenberg; the name of the firm is Hedenberg & Littell. 4. Where is your place of business? Corner of Market and Lawrence-streets. 5. How do you send your manufactured goods to New York? By the Plank Road invariably, unless the chains break; by the express wagons generally, very seldom by our own teams. 6. What amount in value of manufactured goods do you send by the Plank Road to New York per year? From sixty to seventy-five thousand dollars worth. 7. How do you get the raw materials you use in manufacturing from New York? By the Plank Road. 8. What amount in value of raw materials used in your business do you get from New York by the Plank Road per year? Pa All of fifteen thousand dollars. 9. Are you acquainted with the ferry at the Plank Road? I am; I go there frequently. 10. How does the boat at the ferry answer the purpose of a ferry? It don't answer at all, it wants a permanent thing. 11, What are the objections to the ferry? It's getting out of order so often, and the uncertainty of crossing when you go down. 12. What effect has that uncertainty on the travel over the road? People will not go unless they first enquire and learn whether the boat is running or not, and being on the line of road from Broad street, I have been enquired of hundreds of times whether the boat was running-more particularly by country people, with hay, &c., going to New York. 13. What would be the effect of the erection of a bridge at the ferry, with two draws of 65 feet each, on the business and prosperity of Newark? (Objected to by Mr. Parker.) It would be glorious; I mean to say it would be everything to the business of Newark, especially to the manufacturers. 99 14. What would be the effect of that bridge on the value of real estate in Newark, generally (Objected to by Mr. Parker.) It would be a great benefit, and enhance the value of property. 15. From your knowledge of the business men of Newark, can you say whether the bridge is or is not generally desired by them (Objected to by Mr. Parker.) It is desired by everybody, except by a few men on the river. Cross-examined by Mr. Parker. 1. How do you know the amount you send over the plank road? By adding up our figures at the end of the year. 2. Do you send any part of your goods by any other conveyance than by plank road? We send some by railroad. 3. In the estimate you have given of the amount of goods you send to New York, do you include all the goods you send during the year? No; we do about one hundred thousand dollars-sixty or seventy thousand of it goes over the Plank Road. 4. How have you ascertained the proportion of manufactured goods you send by the railroad? By our books. 5. Do you know what proportion of manufactured goods you send by the railroad? In the neighborhood of from twelve to fifteen thousand dollars. 6. Have you made any accurate estimate from the books, of the amount sent by the railroad, compared with the amount sent by the Plank Road? Yes, I can tell to a dollar what has been the amount for the last five years. 7. By what mode of conveyance did you send your goods before the Plank Road was opened? 100 By the turnpike, and we had to pay more, too-about four shillings on a wagon. 8. Can you name any proximate amount of tonnage to which your goods, sent to New York by the Plank Road, comes? We ship three loads every two weeks, on an average through the year, and every load weighs from thirty to forty hundred. Re-examined by Mr. Hayes. 1. Why is the Plank Road preferred to the old turnpike? It is near two miles nearer, and a better road; there is not so much wear and tear on horses and wagons. 2. What is the difference in effect on goods that are transported on the turnpike and Plank Road? They go with less damage on the Plank Road. WM. M. LITTELL. Sworn and subscribed before me at Newark, N. J. Aug. 21, 1856. WM. B. GUILD, Jr., JXotary Public. JAMES MW. THOMIPSON, a witness called on the part of the defendants, The Newark Plank Road and Ferry Company, being duly sworn, saith: 1. Where do you reside, how long have you resided there, and what is your age? I reside at Morristown, have resided there about a year and a half; my age is thirty-nine years. 2. Where did you reside prior to that, and how long did you reside there? At Newark; I resided there about ten or twelve years. 3. What is your business. I am a surveyor by business? 4. How long have you been in that business? About ten years. 5. Did you measure the turnpike road from Newark to New York, and if so, when? I measured it in the winter of the year 1852. 101 6. Will you give the distance from the corner of Market and Broad streets to the foot of Bridge street, at the Passaic river? It is forty-two hundred and ninety-nine feet; it is about eighty-one hundredths of a mile. 7. What is the distance from the foot of Bridge street to the ferry at Jersey City? It is seven miles and eighty-three hundredths of a mile. 8. What is the whole distance from the corner of Market and Broad streets to the ferry at Jersey City by the old turnpike? Eight miles and sixty-four and a half hundredths. 9. Who are you connected in business with? Ellis Dunn-one of the firm of Dunn & Thompson. 10. In connection with your business, do you do any other business? We deal in real estate some, and sell some on commission. 11. In what parts of the city do you own real estate? In different sections, except in the central part. 12. What would be the effect of a bridge at the plank road ferry, with two openings of sixty-five feet each, on the price of real estate generally in the city of Newark? (Objected to by Mr. Parker.) That is a matter I haven't studied enough to give a definite opinion; the more facilities we have to New York the greater would be the increased value of real estate in Newark gencrally. 13. From your acquaintance with the business men of Newark, can you say whether the bridge is, or is not, generally desired by them? (Objected to by Mr. Parker.) I think a majority of them, so far as I am acquainted with them, desire it. J. M. THOMPSON. Sworn and subscribed before me at i Newark, N. J., August 21, 1856. WM. B. GUILD,, R., Jotary Public. 102 ELLIS DUNN, a witness called by the defendants, The Newark Plank Road and Ferry Company, being duly sworn, saith: 1. What is your age, where do you reside, and how long have resided there? My age is forty-four years; I reside in Newark, and have resided here some twenty years. 2. What is your business? Surveying. 3. Have you ever been city surveyor, and if so, how long? I have been; was such about four years. 4. Who is connected with you in business? James M. Thompson. 5. Did you measure the distance on the plank road from the corner of Broad and Market streets to the ferry at Jersey City, and if so, when. I did, on the 28th of February, 1862. 6. Will you give the distance from the corner of Broad and Market streets to the commencement of the plank road at the Market street depot? Twenty-one hundred and seventeen feet and three inches, being forty hundredths and a fraction over of a mile. 7. What is the distance on the Plank Road from its commencement at the Market street depot, to the Passaic river? It is thirteen thousand one hundred and twenty feet, and ten inches-being two miles and forty-eight hundredths and a fraction over a mile. 8. What is the distance across the Passaic river? Six hundred and seventy-nine feet and ten inches, being twelve hundredths and a fraction over of a mile. 9. What is the distance from the Passaic to the Hackensack river? Four thousand four hundred and sixty-one feet, seven inches, being eighty-four hundredths and a half and a fraction, of a mile. 10.' What is the distance across the Hackensack river? 103 Fourteen hundred and sixty-five feet and three inches, being twenty-five hundredths of a mile, and a fraction over. 11. What is the distance from the Hackensack river to the Jersey City ferry? Nineteen thousand and eight feet, being three miles and sixty hundredths. 12. What is the whole distance from the corner of Broad and Market streets to Jersey City ferry, by the plank road? Seven miles and seventy-three and a half hundredths of a mile. 13. In measuring the width of the Passaic river, from what points on the sides of the river did you measure in relation to the water? From the range of the bank, above and below, without regard to the water. 14. Have you measured the distance the railroad and turnpike run together on the east of the Hackensack? I have; it is thirty-seven hundred and thirty feet, being a fraction over seventy hundredths of a mile. 15. How near is the railroad track to the turnpike? It averages about forty feet, that is, from the middle of the turnpike; it varies from twenty-six to forty-five feet. 16. In connection with your business of surveying, have you any other business? Yes sir, dealing in real estate and selling for others. 17. In what parts of the city do you own real estate? Generally in all parts. 18. What would be the effect upon the price of real estate generally in the city of Newark, with a bridge at the Passaic river, having two openings of 65 feet each? (Objected to by Mr. Parker.) The effect of the plank road would be to advance the price of real estate. 19. From your acquaintance with the business men of Newark, can you say whether a bridge at the plank road ferry on the Passaic river, is or is not generally desired by them? (Objected to by Mr. Parker.) 104 I think it is generally desired. Cross-examined by Mr. Parker. 1. What is the height of the railroad above the turnpike along the space between the Hackensack bridge and where the roads diverge I didn't measure it, but I suppose it is about twenty feet, running off to a level with the road, a short distance west of where the Paterson road crosses the Jersey road. 2. Have you measured and can you state what is the width of the space between the Morris canal and the river, along that part of the river front which extends east from the Morris canal or Dayton's dock, to the dock of the Chemical factory? I have measured the distance from the Morris canal to the high water mark of the river; the average width from Dayton's dock to the Chemical works is about 25 feet. 3. Is the tow path on the outer bank of the Morris canal included in this 25 feet, if yea, huw wide is that? It is included, I should think it would average ten feet. 4. How high is the top of that tow path from the water in the river? I should think it would average seven feet and a half. 5. How high is the land or road on the inner bank of the canal, on the south: side, above the tow path? The bank is somewhat uneven; the greater portion from Dayton's dock down, will average from eight to ten feet. 6. Taking the situation of that river front in its relation to the canal and the main land into consideration, is said river front accessible, and such that it can be used profitably for commercial purposes? I should think in order so as to make it so as to be used profitably, it would be necessary to grade River street different from what it is; the present condition of River street is some eight or ten feet highest; I don't know that the grade of River street has yet been established by the city; it has not been worked to a grade. 105 Re-examined by Mr. Hayes. 1. What is the width of the turnpike where it runs alongside of the railroad? It will average forty-seven feet; it varies from forty-three to fifty feet. 2. In answer to cross-question No. 2; you spoke of the width of the bank between the Morris canal and the river, can you give'us the width from the canal to low water mark? I didn't measure it, and I do not know; I know it varies in width very much. 3. Would there be as much difficulty in making good docks along there, for commercial purposes, as there was in making docks at the foot of Centre street, as it was before the docks were made there? I think it could be done at one place as well as at the other. 4. Can you tell what portion of the distance the turnpike and railroad run in a level with each other? I didn't measure it, but I should suppose nearly a quarter of the distance. ELLIS DUNN. Sworn and subscribed before at Newark,; N. J., August 21, 1856. WM. B. GUILD, Jr., JVotary Public. Further examination adjourned until the 22d instant, at ten o'clock in the forenoon. August 22b, 1856. By consent of counsel for complainants and defendants, examination further adjourned until 27th August, 1856, at 10 o'clock A. M. JACOB E. WEAVER, a witness called on part of the defendants,.The Newark Plank Road and Ferry Company, being duly sworn, sa'ith: 106 1. What is your age and where do you reside? I am thirty one years of age, past; I reside in New York city. 2. What is your business? I am in the general freighting business; I am captain and twothirds owner of my vessel. 3. How long have you been engaged in sailing vessels? I have been on board of vessels in different capacities for the last 18 years. 4. In what capacity do you now act on board of the vessel on which you now are? As captain, as master, as sailor. 5. How long have you acted as captain? For eight years. 6. Where do you sail your vessel? I am now sailing from Piermont to Newark. 7. How long have you been in the habit of sailing up the Pas. saic river? About one year as captain; a number of years ago, before I was captain I was in the habit of sailing on the Passaic, going from Belleville to Poughkeepsie. 8. How frequently during the last year have you made trips up this river? It would average a trip in about ten days, when the river was open. 9. To what docks in Newark have you come, and where are they located as to the bridges? I have come to the Excelsior Planing Mills dock, below the railroad bridge, adjoining Mr. Poinier's dock, and to Mr. Van Wagenenns. 10. What difference did you charge in freight between going to the dock below and above the bridges? None at all, I made no difference. 11. Are you acquainted with the location of the plank road ferry on the Passaic river, if yea, what is the course of the river at, above, and below the ferry? 107 I am acquainted-with the location of the ferry; the course is nearly a straight course, in the neighborhood of the ferry, running, I should think, nearly north and south. 12. What is the course. of the current at and near the plank road ferry? I should think the current was nearly straight through, north and south. 13. What would be the obstruction to navigation, if a bridge, with a pivot draw, having two openings of 65 feet each, with a pier on each side, not extending more than thirty feet out from the side of the bridge, was built at the plank road ferry? It would be no serious obstruction. 14. What hindrance would a bridge with such a draw be to your vessel sailing up and down the river? If the wind and tide were anything favorable at all, I should not think it an obstruction that would amount to anything. 15. In what direction must the wind and tide be to be any ways unfavorable to your passing through such a draw?' If the wind and tide were both dead ahead. 16. Have you been in the habit of passing throngh draws, and if so, where? I was on the Passaic river, and on the Hackensack. 17. At or near what point on the Passaic river would a bridge be built where it would be the least obstruction to navigationthat is, below the old turnpike bridge? I don't know that there could be any more unfavorable place than the plank road ferry. Cross-examined by Mr. Parker. 1. Is it your opinion that a draw bridge, even with draws of 65 feet width, is ny obstruction to navigation? I cannot say it would be no obstruction; I said it would be no serious objection. 2. Would it not, at the site designed for it, obstruct more or less, all vessels sailing to and from Newark? It would, in certain cases for instance, in a time of adverse 108 winds, the wind ahead, and tide against, in that case it would obstruct vessels going one way; but with the wind free, even if the tide should be ahead, if would be no obstruction. 3. Have you known no accidents and delays to take place by reason of draw bridges? I have. 4. Are not such to be apprehended in case of all draw bridges? Not at all times; for instance, if I should be coming up this river in the day time, the wind favorable, I should not apprehend any delay. 5. Suppose you were coming at night? In a dark night I should apprehend delay, although it might not be. 6. Is there not more or less risk, both by day and night, in the passage through draws? Yes, I should think there was. 7. What is the size of your vessel? She is nearly forty-eight tons. 8. Does not the risk of passing draw bridges to some extent increase in proportion to the size and tonnage of the vessel? In case of a fair wind a large vessel could go through; (I mean by a large vessel, one of 200 and 250 tons,) they could, with a fair wind, come through a draw of that kind as easy as I could; but with a head wind they could not-a wind close-hauled, for instance, 9. How, when obliged to beat, although the wind be not dead ahead? That would depend a great deal upon the skill of the pilot, or master sailor, who had her in charge. 10. Will not one man get a vessel through, where another one could not, or does it not require skill in navigators which all do not passess, to go through draw bridges? Of course, I would not expect a man that did not know anything about handling a boat to get her through a bridge, where at a favorable time a man not very skillful could get her through a bridge. 109 11. How fast is the current at the site of the bridge? I don't know as I could say exactly, how fast; I should think in the neighborhoed of three knots, perhaps more, perhaps less. 12. How often since you commanded a vessel, have you passed through the draws on this river? I could not say; I have passed through a good many times. 13. Is the current such at the plank road that under ordinary circumstances, even with head wind or tide, you cannot beat up and down? No sir. 14. What trade are you engaged in from Piermont to Newark? I suppose I migh say general freighting trade; I am employed mostly by T. P. Howell; I have brought freight for a man by the name of Stingle, Mr. Crockett, and others. 15. To whom did you carry above the bridges? To Mr. Howell and to Mr. Peter Sandford. 16. Is it not time that with many navigators, a difference in freight is made, whether the consignee is above the bridges? I do not know as to that-I never talked to any one about that. 17. Who is the owner of your vessel with you? A Mr. Isaac Hendrix; he owns one-third, and I own twothirds. 18. What do you bring Mr. Howell, and on what terms do you carry it? Tan bark; I made an agreement with him last spring to carry it for him by the year; I mean last spring a year ago; since then I have made no new agreement with him; my contract was in writing, and ended with the last fall's work; I am at liberty to withdraw at any time, and so is he. 19. Did you not carry for him in your original contract by the lump? No sir, a stipulated price per ton. JACOB E.. WEAVER. Subscribed and sworn before me, at Newark, Aug. 27th, A. D. 1856. S W.M B. GUILD, JR., JVNotary Pu1blic. 110 August 29th, 1856, 10 o'clock A. M. Present, David A. Hayes, Esq., counsel for defendants, The Newark Plank Road and Ferry Company, and Cortlandt Parker, Esq., counsel for complainants. WILLIAM B. DOUGLASS, a witness called by the defendants, The Newark Plank Road and Ferry Company, being duly sworn, saith 1. What is your age, and place of residence, and how long have you resided there? My age is forty-one; I reside in Newark; I have resided here about twenty-eight years. 2. What is your business? Carriage manufacturer. 3. How long have you been engaged in that business? Nearly eight years as a manufacturer. 4. With whom are you engaged in the.business, name of your firm, and where is your business located? With John E. Post; name of firm is Douglass & Post, and business is located on the corner of Hamilton and McWhorter streets, Fifth Ward, Newark. 5. How do you send your manufactured goods to New York? Boxed goods by wagons over the Plank Road, when in order; goods not boxed, by Railroad. 6. What amount of goods per year in value do you send to New York by the Plank Road? From fifteen to twenty thousand dollars worth. 7. Why do you send your geods by wagons to New York? It is more expeditious; there is not so much handling and re-shipping, and goods go safer than by railroad or river, for the more you handle goods in boxes, and more especially carriages, the more danger there is of injury to the goods; we can put a carriage on a wagon at our factory, and in two hours and a half it can be put on board of a vessel at New York. 8. Why do you send by the Plank Road in preference to the Turnpike? 111 The road is generally smoother, especially in the spring time, when we have the most shipping-that is, after January, and the Plank Road is in better condition; there is not that surge to the goods, not that rocking that there is on the Turnpike. 9. Are you acquainted with, and have you been frequently over the ferry at the Plank Road on the Passaic river? Yes sir. 10. Does or does not the boat at the ferry answer the purpose of a ferry? Not that one I don't think does. 11. Why does it not? It is very easy to get out of order by the breaking of chains and by the ice. 12. Have you yourself been detained at the ferry, and if so, from what cause? Once, last winter, I got nearly to the ferry, and I was told by a gentleman that the boat was out of order; then I came back, and had to go to New York by the Turnpike. At another time, I was delayed from one-half to three-quarters of an hour, because the boat could not cross on account of ice in the slip. 13. What, in your opinion, would be the effect of a bridge at the ferry with a pivot draw, having two openings of sixty-five feet each, on the value of dock property in the City of Newark? (Objected to by Mr. Parker.) As far as my knowledge goes, I should not think it would make any difference. 14. What, in effect, in your opinion, would the building of such a bridge have on real estate generally in the City of Newark? (Objected to by Mr. Parker.) I believe it would have the effect to raise the value of property in the City of Newark. 15. What would be the effect of such a bridge on the manufacturing business in Newark? I think it would have a good effect 16. From your knowledge of the business men of Newark, can 112 you say whether the bridge is or is not generally desired by them? (Objected to by Mr. Parker.) I think it is;! I have never heard of a manufacturer speaking against it; all that I have heard speak of it have spoken in favor of it. Cross-examined by Mr. Parker. 1. How long have you been in the habit of sending your goods over the Plank Road? Ever since the Plank Road was opened. 2. During all that time has the ferry answered your purpose better than the Turnpike I think it has. 3. Have you ever beiq detained at the ferry except on the occasion you speak of? Not by any accident; I have been detained from five to ten minutes waiting for them to cross; I have several times gone by the Turnpike when I could have gone quicker by the Plank Road. 4. How do you estimate the amount of goods you send by the Plank Road? We judge from the places to which our goods are sent which we manufacture. Re-examined by Mr. Hayes. 1. Why did you go by the Turnpike rather than by the Plank Road as mentioned in cross question No. 3 The reason was that the ferry on the Plank Road was out of order. Wo Bo DOUGLASS, Sworn and subscribed before me at New- 1 ark, N. J., August 29th, 18560 WILLIAM1 B. GUILD, JR., Jdotary Public. 113 JOHN TITTLEY, a witness called by the defendants, The Newark Plank Road and Ferry Co., being duly sworn, saith: 1. What is your age, where is your residence, and how long have you resided there? My age is, I believe, thirty-five; I reside in Newark, and have resided here nearly six years. 2. What is your present business? Attending an engine at present, and since the fifth of July last. 3. What was your former business, how long was you engaged in it, and where? Teaming for five years and a half, between Newark and New York. 4. Whose teams did you drive? D. B. & A. S. Day's first, and then J. G. Barnet & Co.'s. 5. By what route did you drive those teams First went by the turnpike, the plank road was. not going; when the plank road was open and in order, we went by it; sometimes we went by the turnpike when we were afraid the plank road was not in order. 6. How often did you go to New York with teams? I went every day when there was freight to go; sometimes by chance one team or more would stop at home, and sometimes all on account of storms. 7. Why did you go by the plank road in preference to the turnpike I Because rny employers told me to; I thought myself it was the best. 8. What differeiie-'df; time: would it take with your team, Whether you went by the turnpike or the plank road, and which took the longest I think it took half an hour longer on the turnpike than on the plank road. 9. How does the ferry boat at the Passaic river answer for the purpose of a ferry? 8 114 I don't know; I shouldn't think it answered very well, when teams have to wait there for an hour at a time, and have to turn back on account of breakage and ice, and go back to the turnpike. 10. Have you been compelled to turn back with your teamif so, how often, name some of the instances I have been compelled to turn back; I cannot say how often, but one time in particular I had to turn back with some forty other teams; one instance I remember, I don't recollect the time, they had to. turn back from both sides and go the turnpike. II. How long have you been delayed there waiting to mend the chains 2 Sometimes fifteen minutes, half an hour, and sometimes a long time. 12. How often during the year, in your opinion, has the chain broken? I cannot say the number of times; in the winter season it's breaking every day almost. 13. What do you refer to, when you say the plank road being in order? I mean on account of the breakage of chains, and sometimes on account of the mud at the lower end, where they are paving now. Cross-examined by Mr. Parker. 1. When was that, what time of the year, and what year, which you speak of, when you say some forty other teams had to turn back? I could not say whether it was one or two years ago last winter; it was in the winter,' and there was a deep snow on the ground. 2. Do you recollect whether Mr. Clearman and Mr. Budd were along at that time? Some of Mr. Budd's men were along; I would not say about Mr. Clearman's teams. 115 3. Do you recollect whether any of them crossed over by Mr. Dey's poudrette works? No sir, I don't mind about that; I know that they have gone that way sometimes, but don't knew that they went that way that time. 4. What time of day was that? It was about nine or ten o'clock at night when I left there; it was about half past one when I got home. 5. What time did you get there? I could not say what time it was-to the best of my knowledge it was from seven to eight o'clock. 6. These other times when you turned back, were they generally in the winter? I have turned back both winter and summer-as a general thing it was winter. 7. When did you leave driving on the road? I quit on the 4th of July last. 8. How long did you drive on the plank road? Ever since they commenced there, more or less. 9. What sort of repair did the planks get into for the last year you drove? The planks was in very good order, I thought, when I left, on the one track-the other was fixing. JOHN TITTLEY. Sworn and subscribed before me at Newark, N. J., this 29th day of August, 1856. WM. B. GCILD, Jr., rNotary Public. August 30th, 1856, 10 o'clock, A. M. Present David A. Hayes, Esq., counsel for defendants, the Newark Plank Road and Ferry Co., and Cortlandt Parker, Esq., counsel for complainants. EDWARD P. CAMPBELL, a witness called by the defendants, 116 The Newark Plank Road and Ferry Company, being duly sworn, saith: 1. What is your age, where do you reside, and how long have, you resided there? My age is thirty-two; I reside in Newark; have resided here a little less than two years. 2. What is your business, and how long have you been engaged in that business? I am in the lumber business; have been in it fourteen years, as principal and clerk. 3. With whom are you connected in business, where is your place of business, and how long have you been in business there? I am connected in business with B. H. Campbell-the name of the firm is B. H. Campbell & Co; we occupy a dock on the Passaic river in the city of Newark, just below Mir. Dawson's dock; have occupied it a little less than two years; my brother occupied it some for four years prior to that, part of the time on his own account, and part of the time as agent for J. M. Quimby. 4. From whence do you obtain most of your lumber? From Albany. 5. What is the difference of freight paid for lumber from Albany to New York, and from Albany to Newark? It is the same, as far as my knowledge goes; I shipped a great deal of freight from Buffalo to New York, and from Buffalo to Newark, before I came here, and I never knew any difference in the freight, and I have not known any difference since. 6. Do you own or lease the premises you occupy? We lease them. 7. What, effect would the erection of a bridge erected at the plank road ferry with a pivot draw having two openings of sixtyfive feet each, have on the commercial business of Newark? In my opinion it would have no effect. 116 8. What effect would such a bridge have on the price of freight by the river to and from Newark? It would have no effect in my opinion. 9. What is the difference, if any, charged on freight when passing through bridges? I have never known of any extra freight being charged on account of passing through bridges; I have frequently freighted vessels through bridges, and never kanew of any difference made on that account. 10. What would be the effect of such a bridge on the value of dock property in the City of Newark? I cannot see that it would effect the price of real estate any way. 11. What would be the effect of such a bridge on the business generally, and the value of real estate generally in the City of Newark? (Objected to by Mr. Parker.) I should consider the effect of such a bridge a convenience; how it would affect the value of real estate I don't know as I could give an opinion. 12. Are you acquainted with the plank road ferry on the Pas-;saic river, and have you been frequently over it Yes sir. 13. How does the boat answer for the purpose of a ferry? I should say very poorly. 14. Why? At two different times when I crossed it, I found it out of order, and had a good deal of detention. 15. What was the difficulty that caused your detention? The chains were broken. 16. Will you state any instances, particulars, and. the time you were delayed? At one time last winter I was delayed coming from New York; I should say three-quarters of an hour; it was about 10 o'clock at night, one of the coldest days we had last winter; I know I came near freezing to death, as did my horse. 118 17. Do you own any real estate in the City of Newark? I do not. Cross-examined by Mr. Parker. 1. Have you ownel property or done commercial business above a bridge? Never owned any property; I've done business where property had to pass through a bridge that was consigned to me. 2. Where was that? In Buffalo. 3. Was your business done on dock property? Yes sir. 4. Where was this bridge? On the turnpike road leading out of the city of Buffalo, crossing the outlet of the Ohio basin, where the canal communicates with the creek, 5. How did.vessels paps through that bridge? By being hauled through by vessel-men. 6. You say you have frequently freighted vessels through bridges-what bridges? This bridge that I speak of now. 7. Is it from what you observed of the effect of that bridge that you form your opinions of the effect of the one in question in this cause? Not alone, as I've seen vessels pass through other draws, when I was not interested in the freight. 8. What other draws I've seen vessels pass through draws at Chicago. 9. Did you know anything about the prices of freight in those cases? I did not. 10. You have mentioned one occasion when you was delayed at the plank road ferry-at what season of the year was the other one? In the summer time. 119 11. Did you examine the chain that was broken? I did not. 12. Suppose a chain was there which did no~ break, would not the ferry, so far as you can judge, accommodate travellers with all reasonable expedition? It might do so as'a ferry, but it could not give such accommodation as a bridge, that's my opinion. EDWARD P. CAMPBELL. Subscribed and sworn before me, at Newark, N. J., Aug. 30th, 1856. 5 WM. B. GUILD, JR.,.otary. Examination adjourned until Sept. 1st, 1856, at 10 o'clock A. M. JABEZ COOK, a witness called by the defendants, The Newark Plank Road and Ferry Company, being duly sworn, saith: 1. What is your age, where do you reside, and how long have you resided there? My age is forty-four; I reside at Newark; have lived here 25 years. 2. What is your business, and how, long have you been engaged in it? Vam in the mercantile business on the Passaic river-masons' materials and coal-have been there one year and a half. 3. Where is your place of business, and do you own the property on which you are doing business? It is at the foot of Market st., near the Gas Works; it is dock property I own it. 4. What, in your opinion, would be the effect on the value of dock property in the city of Newark, if a bridge was built at the Plank road ferry on the Passaic river, with a draw having two openings of 65 feet each? (Objected to by Mr. Parker.) 120 I think the effect would be very slight against it. 5. Would dock property sell or lease for any less sum if such a bridge was thus built there i (Objected to by Mr. Parker.) I should suppose it would make a little difference. 6. What would be the effect of such a bridge on real estate generally in the city of Newark? I should think it would be a general benefit. 7. What would be the effect of such a bridge on the business of Newark generally, and especially on the manufacturing business 2 (Objected to by Mr. Parker.) I should think it would be a great benefit. Cross-examined by Mr. Parker. I. Do you own other real estate in the vicinity of the plank road? Nothing nearer than Lafayette st. and Union. 2. Is that property in the Fifth Ward, and east of the New Jersey railroad? Yes sir. 3. If the ferry were so managed as to expedite travel without accidents by breakage of the chains, &c., would not the road be sufficiently beneficial, and do all the good in the increase of property, which is desirable'? (Objected to by Mr. Hayes.) That is a question I do not know as I could answer; I have different opinions about a ferry and bridge that I do not know as I could answer it; it has been my opinion that in the summer season the ferry was better than a bridge-in the winter season it is desirable to have a bridge. 4. State, as near as you can, the amount of tonnage received by the river, at your dock, and taken down the river from it? JABEZ COOK. Sworn and subscribed before me at Newark, N. J., August 29, 1856. WM. B. GUILD, JR., rotary. 121 Examination adjourned until 30th August, 1856, 10 o'clock, A.M. September 3d, 1856. Present David A. Hayes Esq., for defendants, and Courtlandt Parker, Esq., for complainants. PATRICK CARROLL, a witness called on the part of the defendants, The Newark Plank Road and Ferry Company, being duly sworn, saith: 1. What is your age and residence My age is about thirty-three; I reside at Jersey City. 2. What is your present employment, and how long have you been engaged in it? I am pilot on the Jersey City ferry boat Colden-been engaged as pilot about six years. 3. Was you engaged in that capacity on the Hackensack river, and if so, where? I was engaged in connection with the railroad, a day or so after the bridge was burned down. 4. What was the operation of a steamboat on the Hackensack river, for the purpose of a ferry, where you was engaged? Very poor.. 5. Why? I found the stream very narrow, the tide very strong, and when the wind blew very strong it was hard to navigate there; there was nothing to break the wind, and it had a clean sweep right across the meadows. 6. How long did it take you to make a trip across the river?. Sometimes I could make a trip in fifteen minutes, sometimes in half an hour-it depended entirely upon the wind and tide. 7. How far out of a direct course did you have to-go to get across the river? I would have to run about a third of a mile down the stream 122 to clear the shore, and then I would reverse the boat and come up to the opposite landing. 8. What is the width of the Hackensack at that place where the ferry was? I don't know, but I should think about 600 feet, I mean from low water mark. (Mr. Parker objected to all questions respecting the Hackensack river.) Cross-examined by Mr. Parker. 1. How long have you been engaged in ferrying? About 14 years, I should judge. 2. How long ago was this, when you ferried the Hackensack river? I think it was in August, 1852. 3. How long had you been pilot then? About two years, going on to three, I suppose. 4. Whereabouts did you start on either side, in reference to the bank of the river? On the south side of the bridge, from the side of the dock. 5. Didc on not start out in the current? I did;;. laid in the current, a pretty strong one too. 6. WLat is the rate of that current? I should judge from four to five knots, take a good flood tide and southerly wind. 7. What was its rate aside from the wind? I should think about four knots. 8. What was the rate of speed of your steamer? About eight miles an hour, I should think. 9. Is it not usual and necessary for expedition, that ferry boats crossing a stream should start in slack water? It wouldn't make so much difference if you have room enough t) round your boat to; if you haven't room enough, it makes a good deal of difference. 10. Is it not true, that the narrower the stream, and the faster the current, the more you need to have your ferry boats 123 start in slips so made as to give considerable slack water, in order to get headway. Yes sir. 11. How deep from the bank of the river are the slips in ordinary ferries? That depends upon the size of the boats you have; our slips on the New York side of Jersey City ferry, is 300 feet; on this side it is little over 200 feet. 12. With a steamboat 75 or 80 feet long, and with the ordinary power used on vessels of that size, how far is it right to expect to go in order to get headway on? (Objected to by Mr. Hayes.) It's a pretty hard question to answer. 13. Suppose you were to cross a stream through wings, the ends of which were about 300 feet apart, how much slack water would you think it advisable to have, with a boat of the size mentioned in the last question, in order to attain headway sufficient to cross the current, running.ay from one and a half to two and a half knots an hour? (Objected to by Mr. Hayes.) I can't tell-never practiced such a thing. 14. How long was your ferry carried on across the Hackensack, and how many trips did you use to make? It was in the neighborhood of two months; the first month we carried passengers and baggage for the trains, in connection with two other small tow boats, but the last month I had to do all the work. 15. Do you mean to say that it took you as long as fifteen minutes, as an ordinary thing, to cross? In some cases I crossed a little less than that; sometimes longer than that, when the winds and tides were strong. PATRICK CARROLL. Subscribed and sworn before me, at Newark, N. J., Sept. 3, 1856. WM. B. GUILD, JR., JNotary. 124 CYRUS PARKHURST, a witness called by the defendants, being duly sworn, saith: 1. Where do you reside, how long have you resided there, and what is your age? My age is 49 years; I reside in Newark, and have resided there five and a half years. 2. What is your present business, and how long have you been engaged in it? In the transportation business between Newark and New York; I have been in the business five years and a half. 3. With whom are you connected in business? With John Gardner, Jr.; the name of the firm is John Gardner & Co. 4. What number of teams, on an average, do you send to and from New York per day? Over four teams per day. 5. What kind of teams, are they? Two-horse teams. 6. What is the average weight of your loads per day? They will average forty-five hundred down;,that is to New York, and from New York they will average one ton. 7. What do you carry to New York? Carriages, harness, saddlery, manufactured india rubber goods, iron machinery, malleable iron, manufactured edge tools, and pretty much all goods manufactured in Newark. 8. What do you bring back from New York.? We bring back the raw materials that the: other goods are made from-dry goods, groceries, and all kinds of merchandize. 9. What do you estimate to be the value of goods you transport to and from New York per year? We estimate it at two million dollars. 10. By what route do you go to and from New York? By the plank road. 11' How does the boat on the ferry at the Passaic river answer the purpose of a ferry? 125 As a general thing it does not answer the purpose. 12. Why does it not answer, and what is the objection to it? It is so liable to get out of order-the chains breaking and the floats giving way —and at a certain season of the year, there is no dependence to be placed upon it; we are always anxious until we know that our teams are across it. 13. How often on an average. per year, do the chains break? I cannot tell, but it is an every day occurrence in the spring, fall and winter. 14. When does it break the oftenest? In the time of ice; in the' fall, winter and spring; the high winds will break it. 15. How long does it take to mend the chains? Sometimes they will get them up in an hour, and sometimes they will be all day getting them up*. 16, What are you compelled to do when the chains break? We often wait an hour to see if the chains will be mended, and frequently turn around, go back, and take the turnpike. 17. How often on an average during the year have you been compelled to turn back? I cannot say exactly, but last winter our teams were turned back at least eight times; after the chains broke, and we were compelled to turn back, we would not venture on the road again until we knew the ferry was in order; it has always been a great annoyance to us, that is, the ferry. 18. Why do you take the plank road to New York in preference to the turnpike? For these reasons-in the first place that" it is a great deal nearer for us-and in the next place it is a better road; we can do our work with less teams; we have estimated that it would take two more teams to do our work on the turnpike than on the plank road; also on account of the railroad running so near along the turnpike, besides the turnpike cannot stand so well our heavy teams; they cut up the turnpike road, and if the teams that travel the plank road should be compelled to travel the turn 126 pike, it would render the turnpike alnost impassible; this occurred this last spring when we turned off for some two weeks from the plank road; there was scarcely a line of teams that passed up and down that did not get stuck; if I was compelled to travel the turnpike I would not follow my present business. 20. In your opinion is a bridge at the ferry on the Passaic river necessary for the business of Newark T I think it is indispensable. 21. From your knowledge of the business men of Newark, can you say whether or not the bridge is generally desired by them? I think it is, by a very large majority. 22. What it necessary to make the plank road a good and convenient road for the accommodation of the public? A bridge at the ferry on the Passaic river with the road as it now is. 23. What is the distance that you would have to travel when the chain breaks, and you have to turn back to get on the turnpike, as near your place of destination as you were when at the ferry? All of six miles. CYRUS PARKHURST. Sworn and subscribed before me, at Newark, N. J.,Aug. 13th, A. D. 1856. WM. B. GUILD, JR., Jvotary Public. Further examination adjourned until the 15th day of August, 1856, at 10 o'clock in the forenoon. September 9, 1856. Present, David A. Hayes, Esq., counsel for defendants, The Newark Plank Road and Ferry Company, and Cortlandt Parker, Esq., counsel for complainants. SAMUEL RICHARDS, a witness called bysaid defendants, being duly sworn, saith 1. What is your age, where is your residence, and how long have you resided there? I am fifty-four years of age; I reside in Newark, in the Fifth ward; have resided there all my lifetime. 2. What is your employment? I follow gardening. 8. What was your previous employment? I used to follow farming, and fishing with a seine, and do still some. 4. What is your office in the, city government? I am one of the aldermen from the Fifth ward. 5. Are you acquainted with the Passaic river, and its channel-and if so, what portions of it, and how long? I used to be well acquainted with the channel, from the Chemical Works to the mouth of the river, ahd over the bar, till within the last four or five years, ever since I was twelve years old. 6. In what way did you become acquainted with the river and its channel? By the business I followed, which was fishing, and sounding the depth of the water. T. Has there been any change in the width of the river within the last fifteen or twenty years-and if so, what change? There has been a change, and that change has been about ten or fifteen feet on an average wider, and I should say four feet shoaler on an average-that is, the channel. 8.. Are you acquainted with the river where the Plank road ferry is located-and if so; what change, if any, has been made in that part of the river, both in its width and channel? I am acquainted with that part of the river, and I should think the river there was was all of thirty feet wider, and'the channel four feet shoaler; I have no doubt it is more, but I am certain it is four feet. 9. What has occasioned this widening of the river, and filling up the channel? 128 The greatest cause has been the washing away of the banks, by the running of fast steamboats, by the swells they cause, and the depth of the water is lessened by two causes, the sediment carried out by the canal, and washings of the bnaks by the swells from the steamboats. 10. How, and in what way, does the passage of the steamboats up and down the river affect the banks? Great speed causes graet swells to follow in its wake, which strikes the shore and undermines the bank, and the bank caves in. 11. What is the top of the bank composed of, and what becomes of it when it falls into the river? The material is a kind of turf and mud, covered with salt grass and reeds, and it falls into the river, the soft part of it washes out to the edge of the channel, and the heavy part settles, and the way I have ascertained that is by spearing eels. 12. Did your family own fisheries on the Passaic river, and what has been the effect of steamboats on them't My father owned two, the gravelling of which must have cost several hundred dollars; this is now almost entirely washed away by the steamboats. 13. What, in case excavations are, made in the river'or in the bank, is the effect of the rise and fall of the tide, and of the effect produced by swells from steamboats? The sediment would settle and fill it up, and in case the excavations in the bank had no protection to its sides, the swells and the motion of the water would widen the excavation by washing its banks, and filling up the excavation. 14. From your knowledge of the river and its bottom, how long would it take to fill up an excavatioii made four feet deep in the bottom of the river? Less than six months. 15. What is the nature of the mud which is under the turf on the banks of the river? 129 It is a very soft substance, easily washed away. 16. What is the depth of this soft mud, under the turf on the banks, in the neighborhood of the plank road ferry? I should judge from ten to fifteen feet. 17. Are you acquainted with the Morris canal, between the rivers-and if so, how many times has it been excavated, and within what time? I am acquainted with it-it has been excavated three times within 20 years. 18. How is it now? It almost needs excavating again. 19. What would be the effect on the dock property in the city of Newark, as to its value, if a bridge was erected at the plank road ferry, having a pivot draw with two openings, each of about sixty-five feet in width, with a span on each side of one hundred feet? (Objected to by Mr. Parker.) I don't believe it would lessen the value of it at all. 20. What would be the effect of a bridge there, on the value of real estate generally in the city of Newark? (Objected to by Mr. Parker.) It would enhance the value very materially. 21. What would be its effects on the manufacturing business of Newark? (Objected to by iMr. Parker.) It would be a great convenience to them, and add to its prosperity. 22. Is, or is not, the bridge at the plank road ferry generally desired by the citizens of Newark? (Objected to by Mr. Parker.) Very generally desired. 23. What is the difference in going from,your-residence to New York by the plank road, and by the old turnpie? (Objected to by Mr. Parker.) Three miles and over. 9 130 Cross examined by Mr. Parker. 1. How long since the Morris canal was cleared out? That's more than I can tell-somewhere about ten years. 2. How was it done then? Done by a dredging machine, part of it. 8. What sort of mud is this, near the plank road ferry? It's a soft mud at the top, harder as you go down, till you get to the bottom. 4. What would be the effect of a fiat bottomed boat running continually on to any mud of that kind, that might find its way into slips? The effect would be, if the boat touched the bottom every time, to wear it away. 5. Do you know the character of the plank road ferry boat? I believe I do. 6. Suppose such a boat, or suppose one with side wheels, running continually in and out of a slip, would it not have the effect to keep the mud from settling in the slips? I suppose it would have something of that tendency-it would depend how far from the line of the river that slip entered the bank. 7. Explain what you mean? A slip may be built, either dock fashion out in the river, or dug into the bank; in either case there would be no circulation of the tide, and the slip would fill up-that is my experience in the matter; if there was a circulation of the tide or current, it would carry off the sediment which the boat might stir up. 8. From whence do you suppose the mud will come which you think will fill up the slip If the slip is walled up on all sides, there would be no place for the mud to come, except from the tide-the tide cominginn is generally turbid water, going out it is clear-that is what fills up the Morris canal. 9. Do we understand you to be willing to say that a slip planked or walled round, running into the bank one hundred or two hundred feet at that spot, will fill up in six months? 131 It will not. 10. Are the banks of the Morris canal planked or walled up on each side, near the plank road ferry, on either side of the river? I believe they are not. 11. How long ago did this washing of the banks, that you've spoken of, begin? I don't know as I can tell the time; it commenced the time the steamboat Newark commenced running in the river; I suppose that is thirty years ago. 12. Had such a result followed to any extent before the Morris canal was carried there? It had, and that increased it no doubt at that point. 13. On which side of the river is this washing? On both sides. 14. Are the shoals on both sides? There is a flat shore on each side, that is, at low water; these shoals are on both sides, more on the west than on the east. 15. How much more? Ten or fifteen feet. 16. How do you know the width of the river to be increased, by measurement? No sir, I know it by the land-marks. IT. How many years since you were engaged as a gardener About twelve years since I followed it myself. 18. What, in your judgment, is best for the plank road company, to carry on their works as they now do, or to make their ferry longer, by going back with their slips I think it would be better for the company to have it shorter, with the boat they now have. 19. Suppose a paddle-wheel boat was put on, what would be the best plan for them to pursue, and what the difficulty in carrying on such a ferry there? It's my opinion that a paddle-wheel boat could not be navigated to' any advantage on a river the width of the Passaic, as a 132 ferry boat, owing to the shortness of the distance, and the time it would take to turn against the tide after leaving the slip. 20. Did you not say, when sworn as a witness in the case between the Attorney General on the relation of William Wright and others, complainants, and the Newark Plank Road and Ferry Company and others, defendants, that the river was wide enough to make a good ferry, that the works there then erected by the plank road company would not answer as well as they might, and that the ferry was too short for them to work, and that in your judgment it would be better for them to go back as far as they could and retain the same depth of water? (Objected to by Mr. Hayes.) I have no doubt that I said all that; I did not have the experience then of the working of the boat that I have now, and my ideas have changed in regard to that; at the time the Company, or the ones that run the boats, as well as myself, did not have much experience in such matters-it was a new thing-the chains that they employed to propel the boat were left very slack, they have since shortened the chain and it does better. Re-examined by Mr. Hayes. 1. How long is it since you ceased your fishing business? I have not ceased it yet; I carry it on yet, jointly with my gardening. SAMTUEL RICHARDS. Sworn and subscribed before me at Newark, N. J. Sept. 9,,1856. WM. B. GUILD, JR., Jotary. Mr. Hayes on part of said defendants offered in evidence, subject to exceptions, a statement which I have marked Exhibit H. No. 8, being an extract from Exhibit H. No. 7 of the matters in said Exhibit H. No. 7 to be used in evidence. Mr. Hayes, on part of said defendants offered in evidence subject to exceptions, the Journal of the eleventh Senate of the State 133 of New Jersey, being the seventy-ninth session of the Legislature convened January 9, 1855, which I have marked Exhibit H. No. 9. (Objected to by Mr. Parker.) Mr. Hayes offered in evidence on part of said defendants, subject to exceptions, the minute of notes and proceedings of the seventy-ninth General Assembly of the State of New Jersey, convened on the 9th day of January, 1855, which I have marked Exhibit H. No. 10. (Objected to by Mr. Parker.) Examination adjourned.until September 15, 1856, 10 o'clock; A. M. JAS. H. TICHENOR, awitness called on the part of the defendants, The Newark Plank Road and Ferry Company, being duly sworn, saith: 1. What is your age, residence, and how long have you resided there? I am 49 years of age; I reside in Newark, and have always resided here. 2. Are you acquainted with the Passaic river? I am; particularly acquainted with it from Newark bay to Belleville. 3. Has there been any change in its width, and if so, what? Yes, the width of the river has changed, by the washing down of the banks of the meadows; I cannot tell the exact width that it has widened, but I should think that in some places it has widened 20 feet. 4. Has there been.any change in its channel, and if so, what? The channel is not as deep as it formerly was; it has been filling up. 5. Have you lived on the bank of the river, and if so, where, and how long? I have; some ten or twelve years, I should think; where the Zinc Works are now located, just below the Chemical Works. 134 6. What change took place on the bank in front of the house where you lived? The bank was washed away, so that trees which had been standing there, I should think, for more than fifty years, were washed down; the bank there, and below the house, I should think, was washed away some twenty feet during the time I lived, there, which included my living there a short time prior, making in all some sixteen or seventeen years. 7. What was the effect on the bank on the, opposite side of the river from your house? That kept washing off, but not so much. 8. Are you acquainted with the nature of the bank of the river, at and near the plank road ferry? I am. 9. How did you become acquainted with it? I have owned meadow within a short distance from the ferry,. for some 22 or 23 years; I have likewise been acquainted with all the excavations made by the Morris Canal Co., on each side of the river. 10. What excavations did the Morris Canal Co. make on the west side of the river? They dug a canal, and built a lock there. 11. What was the nature of the soil they excavated at the bank of the river, and that extended back from one to two hundred feet' It was blue mud, soft, and seemed to be formed by sediment and vegetable matter settling there..12. Where they excavated for their canal and lock on the bank of the river, to what kind of a bottom did they come? To a black quick sand, that would run like water; in digging: their lock they pumped it out like water. 13. What was the nature of the soil that they excavated on the east side of the river? Same, I believe, in every particular, as that on the west side. 14. If an excavation was made in the bank from one to two, 135 hundred feet, what would be the effect of the tide, and the motion of the water occasioned by the steamboats passing up and down the river, and by other causes? (Objected to by Mr. Parker.) It would fill up from one to two feet a year; that has been the case with all the excavations made in the bank there; that would be the case until it filled up to low water mark; the tendency of all excavations made in the river, or in the bank, is to fill up till it gets to low water mark. 15. In case excavations are made in the bottom of the river three or feet deep, what effect has this motion of the water on them? I should think it would fill up even with the bottom on each side of the excav ation in six months. 16. You have spoken of a lock built by the Morris canal on the bank of the river, where on the bank of the river wasthat Adjoining where the plank road now is, within ten feet of the bank of the canal and road as it now is. 17. What means were taken to excavate that lock? They commenced digging until they came to a black quick sand, some ten or twelve feet from the surface; they worked at digging there night and day, and the mud would break in upon them and fill up the pit in a very short time; they then had a coffer-dam -built, between the pit and the river, and after making every exertion in that way to dig it, they had to abandon it; they then got a horse pump, or pumps, and kept them going night and day, for, I think, about two weeks, when they got the bottom in, which bottom was composed of timber and planks; after the bottom was in, the sides were made without so much difficulty, 18. How long and how wide was this lock? I think the length of it was about 50 feet; the width was 11 feet, I think. 19. What effect had the pressure of the mud on the sides of the lock? It caused them to press in. 20. What means were taken to prevent the mud from coming in? 136 They braced the inside of the lock with timber, until they drove spiles frommtwenty to thirty feet from the sides of the lock, and then by using heavy ties fastened to the spiles, and the sides of the lock, held the sides up from going in. 21. Is the lock there still? No, it was abandoned a few years after it was finished, and taken up. 22. Why was it abandoned and taken up? My impression is, it was in consequence of its becoming unfit for use, and the sides falling in. 23. What would be the effect on the value of dock property, in the city of Newark, if a bridge was built at the plank road ferry, having a pivot draw, with two openings of sixty-five feet each (Objected to by Mr. Parker.) It would not affect the value in the least in my opinion. 24. Why would it not? (Objected to by Mr. Parker.) Dock property above the two bridges has continued to advance in value, although there are three bridges; the general advantage of the bridge to the city of Newark, would add to the value of the dock property, more than it would to its depreciation. 25. What would be the effect of such a bridge on the value of real estate generally in the city of Newark? (Objected to by Mr. Parker.) It would have a beneficial effect, and more particularly to the lower and eastern part of the city. 26. Is, or is not, such a bridge generally desired by the citizens of Newark? (Objected to by Mr. Parker.) It is. 27. What would be the effect of such a bridge on the manufacturing interests of Newark? (Objected to by Mr. Parker.) It would give them a more certain and easy avenue to New York, and be very beneficial. 137 28. How does the present ferry boat answer for the purpose of a ferry? (Objected to by Mr. Parker.) I consider the road imperfect with the present ferry, for it is uncertain; it is liable to breaks, and other matters which occasion delays. 29. What has been the effect of the plank road, objectionable as it is on account of its ferry, on the price of freights and charges to and from New York? (Objected to by Mr. Parker.) It has rendered it less, both for freights and tolls over the road for passengers. 30. What would be the effect of a bridge, such as is proposed there, on freights and tolls? (Objected to by Mr. Parker.) It would have a tendency to reduce the price, I suppose. 31. Are you acquainted with the line of the river from Downer's dock to the Chemical Works? I am well acquainted with that line of the river. 32. Could, or could not, docks be built along that part of the river? They could, but the docks would be very challow; commenc. ing at the Chemical Works, they would be about two hundred feet deep, and diminishing to about sixty feet at Downer's dock. Examination adjourned until Sept. 10, 1856, at 10 o'clock A. M. Sept. 10th, 1856, 10 o'clock A. M. Present, David A. Hayes, Esq., and Cortlandt Parker, Esq., counsel for parties. Cross-examined by Mr. Parker. 1. Does not high water now wash the outer bank of the canal, from Downer's dock to the Chemical works, or nearly there? Yes. 138 2. Is not the channel along there close beside the bank as it now stands? The channel varies; in some places the channel approaches it within sixty or seventy feet, and at other places from one hundred and fifty to two hundred feet. 3. How have you obtained your knowledge of where the channel is? By being familiar with the river. 4. Familiar how? By fishing, bathing, and by sounding or seeing it sounded there. 5. Within what time past? Till within the last six years. 6. After you leave the Chemical works, coming up, does not the space between the canal and the river, become almost immediately narrow, and so continue up to Downer's dock? No it does not. 7. How soon after you leave Downer's dock? After leaving the Chemical works the first half of it, I should think would narrow to 125 feet, and from that point to Downer's dock it will narrow down to 60 or 70. I'm now speaking of the channel; the visible land narrows almost immediately after leaving the Chemical Works; there is a considerable of a flat after leaving the Chemical Works, which is covered at high tide, the shore is wearing in; I should think along there, the current sets in; along there it is wearing in eby reason of the docks made above; (that is below Downer's dock, that is, where it is wearing;) I mean the channel isywearing in. 8. Naturally, and "without regard to accidental obstructions, does, or does not, the deep water of the river, at that point, run near the bank? (Objected to by Mr. Hayes.) The channel does hug that shore until you get near to the Chemical Works; then it crosses more to the centre of the river. 139 9. What distance is there between the natural low water mark of the river, in that space, and its high water mark? Commencing at Downer's dock about 30 feet of space, and ending to about 125 or 50 up to Chemical Works dock. 10. You have spoken of the Canal Company abandoning their lock, do you know anything of your own knowledge as to their reasons for doing so? The lock became useless in a measure-so that they could not use it to any advantage. 11. How do they get along there now? They have dug out the canal and use it without a lock. 12. Was this lock stoned on the sides? It was made entirely of plank and timber. 13. Suppose the present piers at the ferry continued and extended to the shore, if they do not now so extend, and suppose then excavations made of a slip in the bank, and of so much of the river bottom, as it might be necessary to enter to it, and suppose a ferry boat constantly passing out, and the sides of the slip in the bank being properly protected, would the excavation in the river, in your judgement, fill up in six months, as you have said, or in any such short time? (Objected to by Mr. Hayes. It would fill up but it would lake a longer time than six months unless there was a current passing under the piling in someway; where there was a current it would have a tendency to wash it out. 14. Have you ever been employed in ferrying or in the business of navigatian? No I never was. 12. Do you know whether or not it is true that dock property below bridges is more sought for, of higher value, and more rapid increase in price than that above? I do know that this is tr e, for they are near the centre business part of the lown. 16. How far is the centre of the town from your residence Over two miles. 140 17. Where do you live, what part of Newark? I live in the Fifth ward, on Ferry street. 18. What is the town centre according to you? The corner of Broad and Market street. 19. What difference in value, so far as you know, is there in value between dock property next to Centre street bridge, and property at the foot of Market street? I can't tell you that I know the difference. 20. Do you think that bridges injure dock property above them or not? I don't know as I can answer that question or not; I don't know as it does. 21. On the average, taking circumstances as they are, by which route can travellers go in least time between Newark and New York, the plank road or the turnpike? From the centre of the town they can go quicker by the plank road, than by the turnpike, in case of no accident. 22. Question repeated? I think by the plank road, it is shorter. 23. You have spoken of your residence, is it not upon the plank road, nearly the last house going way from Newark, before you reach the Passaic river? There are five tenements between my house and the river; I am about three-eighths of a mile from it; the salt meadows commence within 150 yards of the house. 21. Are you a stockholder in the Newark Plank Road and Ferry Company? I am not. 25. Have you not been? Not for the last two years. 26. Have you not felt, and do you not feel a great interest in the success of the Plank Road Company, and of their bridge, as a matter in your judgment likely to benefit your own personal interest? (Objected to by Mr. Hayes.) I do. 141 27. Have you not manifested that interest by urging upon members of the Legislature the passage of the law for the bridge, visiting Trenton for that purpose at different times, and generally exerting whatever influence you could in its favor? I have felt an interest, and have visited Trenton for the purpose of urging the passage of that law. 28. Were you not a director of the Plank Road Company, and up to what time? I was, but not within the last three years. 29. When was this excavation of the lock you speak of made? I think in 1835 or 1836. 30. Did you do it? I did not. 31. How did you know about it? The contractors lived upon my place, and I was acquainted with their business, and was frequently there while it was building. 32. How long did the job take? I think it was near two months, from the commencing of the Work to the completion. 33. Do you know what they were paid for it? I do not. 34. Was there a good deal of work connected with that besides digging There was a great deal of carpenter work, framing timber for the lock. 35. You have spoken of changes taking p'ace on the bank, where you lived; had not freshets and running ice a good deal to do with what you speak of? It helped it some. 36. What time of the year did the trees standing there wash down? Some time in the summer. 37. Did not some storm, or xain, or other natural occurrenceJ precede and proluce it. 142 No, the tree was undermined by the current and washed. Re-examined by Mr. Hayes. 1. You have been asked what was substituted for the lock; how many times has that c anal been excavated? (Objected to by Mr. Parker as no reply to the cross-examination.) Question waived by Mr. Hayes. JAMES H. TICHENOR. Sworn and subscribed before me at Newark, N. J., Sept. 10, 1856. WM. B. GUILD, JR.,.otary. Sept. 15th, 1856, present David A. Hayes, Esq., counsel for the defendants, The Newark Plank Road and Ferry Companyno one appearing for the complainants. SIDNEY M. PEARSON, a witness called by said defendants, be. ing duly sworn, saith: i. What is your age and residence? I am 25 years of age; I reside at West Hurley, Ulster Co., New York. 2. Was you formerly employed on the Newark Plank Roadand if so, when? I was employed for about two years, prior to May last. (Being shown Exhibit H. No. 7, witness is asked-) 3. Whether he has seen that book before, and what is the account in it kept by him? I know the book, the account shown me is the number of vessels that passed the plank road ferry from the 1st of November, 1855, to the latter part of December, 1855, until the river was closed with ice-and from the 26th day of March, 1856, to the last day of April, when I left. 4. How was that account kept, and by whom? It was kept by myself, Samuel Douglass, and James Mullins; 143 it was kept on a slate, generally speaking for a week at a time, and then transferred to the book shown me, (Exhibit H. No. 7.) 5. What portion of the time did you keep? Generally from nine o'clock in the evening to twelve o'clock at night. 6. Did, or did you not, keep a correct account of all vessels that passed while you took charge of the account, and did, or did you not, set the same down on the slate? I did keep a correct account, and set the same correctly down on the slate. 7. Who transferred the account from the slate to the book? Samuel Douglass and James Mullins; I had nothing to do with the book, but I have seen them transfer the accounts to the book. SIDNEY M. PEARSON. Subscribed and sworn before me, at Newark, N. J., Sept. 15, 1856. WM. B. GUILD, JR., Xotary. September 19th, 1856. Present David A. Hayes Esq., for defendants, and Courtlandt Parker, Esq., for complainants. JAMES BRADSHAW, a witness called by the defendants, The Newark Plank Road and Ferry Company,.being duly sworn, saith: 1. What is your age and residence? I am about 42 years of age; I reside at the Newark bridge. 2. What is your business? I am bridge-tender at the Cetre street railroad bridge. 3. Have you kept an account of the number of vessels passing through the draw at the Centre street bridge, going up, and down-if yea, state what time, the number, and size, each month? 144 From March 25th to April 1st, 1856-steamboats, six; vessels over one hundred tons, seven; under one hundred tons, twenty; in the month of April, steamboats, forty-one; vessels over one hundred tons, forty; vessels under one hundred tons, forty-seven; barges, thirty-four; in the month of May-steamboats, twenty; vessels over one hundred tons, sixty-four; under one hundred tons, one hundred and seventy; barges, thirtysix; brigs, three; in the month of June-twenty-five steamboats; sixty-four vessels over one hundred tons; one hundred and fifty-three under one hundred tons; thirty-six barges; in the month of July —twenty steamboats; sixty three vessels over one hundred tons; one hundred and twenty-nine under one hundred tons; eighteen barges; in the month of August-ten steamboats; forty-five vessels over one hundred tons; one hundred and twenty-three under one hundred tons; nineteen barges; three brigs; that is all through the Centre street draw-making in all, from the 25th day of March to the 1st day of September, one hundred and twenty-two steamboats, two hundred and eightythree vessels over one hundred tons, seven hundred and forty-two under one hundred tons, one hundred and forty-three barges, and six brigs. 4. Have you kept an account of the vessels arriving and departing from the docks on the Passaic river, below the Morris canal outlet, at the Commercial dock-if yea, state the time, their number, and size? I have kept an account, the following is the statement: From March 25th to April.st, 8 steamboats, 6 vessels over one hundred tons, 18 small vessels under one hundred tons, 6 barges; in the month of April, 52 steamboats, 36 vessels over one hundred tons, 144 vessels under one hundred tons, 36 barges; in the month of May, 64 steamboats, 82 vessels over one hundred tons, 116 vessels under one hundred tons, 38 barges, 2 brigs; in the month of June, 48 steamboas, 70 vessels over one hundred tons, 132 under one hundred tons, 26 barges; in the month of July, 66 steamboats, 72 vessels over one hundred tons, 120 un 145 der one hundred tons, 24 barges, 2 brigs; in the month of August, 64 steamboats, 56 vessels over one hundred tons, 98 under one hundred tons, 24 barges-making in all 302 steamboats, 322 vessels over one hundred tons, 628 vessels under one hundred tons, 154 barges, 4 brigs. 5. When was the navigation of the river cleared from ice this spring, so as to be open at the Centre street bridge, so as to allow vessels to pass up and down the river at that bridge? On the tenth day of March. 6. When was the river this last spring cleared from ice, so as to allow vessels to pass down the river, below Commercial dock, towards Newark bay? It was from 10 to 12 days after it was navigable through the Centre street draw. Cross-examined by Mr. Parker. 1. At whose request did you attend as a witness here? Mr. Smith came to me and told me that they should want me. 2. Did not Mr. John P. Jackson tell you to attend, and did he not request that you should keep the account of vessels which you have kept? It was Mr. Smith that told me to keep the account of vessels, he said it was for Mr. Jackson I was to keep the account; so I understood it. (Answer objected to by Mr. Hayes.) 3. Which Mr. Smith was that? I don't know but one Mr. Smith; he is the engineer on the New Jersey Railroad. 4. In your mention of barges what vessels do you designate? There are Newark barges and North River barges. S. What sort of vessels are they? They are vessels that are mostly towed; they are largeish vessels without convenience to propel them, having a derick; there is one that carries sail; that is the Jersey Oak. 10 146 6. Do you include in the account of barges, any vessels, whether towed or not, that could pass under the bridge? I take all barges except Morris canal boats. 7. Do you include any canal boats in your account of barges? All I put in my account are the Erie canal barges. 8. Of about what width do these barges run that you have mentioned in your list? I should think they would run from 20 up to 30 feet beam. 9. How do you know the tonnage, and what is it? I very often ask the captains for any strange vessel. 10. As to the others, how? I am acquainted with the others. 11. So as to know their tonnage? I was at the refitting of a large number of the Newark and New York vessels that come up before I came on the bridge. 12. Did you keep account by night and day? I kept account from about five o'clock in the morning till as long as I could see at night. 13. Who kept account after that? Watchmen that are kept on the bridge used to tell me next mo/rning what vessels had come. 14. How came you to keep an account of the vessels coming to the docks below the Morris canal outlet? Mr. Smith told me I should keep an account as far as I could see the size of the vessel. 15. How did you keep it? Every day they would come I would put them down; I was on the railroad bridge when I saw them; I didn't dare leave tlhe bridge only when I eat. 16. And how did you manage after nightfall? The furthest I could do was just by the sight of the vessels lying at the wharves the next morning. 17. What made you so particular about the size being under or over one hundred ton? I was ordered to keep them serarate. 147 18. Was you told to be liberal in your estimate as to whether over or under one hundred tons or how? I was told to put them down as near as I could get them and not go beyond. 19. Why didn't you keep an account of the vessels which came above Commercial dock as well as those that came below, and those that passed your bridge? I was ordered to keep it so. 20. Did you keep any such account? I kept a kind of account of them, but did not make anything of it. 21. Did you show it to Mr. Smith or Mr. Jackson a I don't recollect showing it to Mr. Jackson at all; I showed it to Mr. Smith. 22. In testifying here have you referred to any paper? Nothing but this paper I hold here. 23. What is that paper, and who wrote it? Mr. Smith; it is an abstract of the vessels taken from the account I kept. 24' Without looking at that paper or at your own account, could you tell how many vessels arrived or passed your bridge, as you have told their tonnage and size? No sir; not without looking. (Counsel for complainants here objects to the whole testimony of the witness, having supposed until he deduced the fact, that the paper from which he read while testifying, was an abstract made by him from his account kept by himself.) 25, In the account you kept of vessels below Commercial dock did you state the coming and departure of each vessel, or only the vessels which came? I took the vessels just as they came and went as near as I possibly could. 26. For what space last winter, above Commercial dock, was the ice clear when it was fast at Commercial dock and below it 148 It was navigable betwixt the bridges some time before it was open any further than where the Jonas C. Heartt laid, opposite John H. Stephens'; there were air holes below, but the navigation was not open; it was open to turnpike bridge, for vessels went up there, but how far above that I don't know. 27. As far up as the Morris & Essex bridge? I wouldn't like to say about that, because I didn't take any notice of it. 28. What vessels went up to the turnpike bridge at that time? The first, was the propeller Cement Rock. 29. Any other steamboat? Not for a week. 30. Did the Cemcnt Rock break up the ice between the bridges somewhat? No, I suppose not; I didn't see any ice for her to break up, except on the beach; the ice disappeared very quick after it got dissolved, between the bridges particularly. 31. Was the ice pretty well melted by the time it went away, or don't you know I don't recollect seeing any drift between the bridges until three, four or five days after the ice dissolved away, betwixt the bridges. 32. Can you tell whether there was any ice up the river of any account after it dissolved'way from between the bridges I believe there was some above the high bridge, that is the Morris & Essex Railroad bridge, but not much between the turnpike and the Morris & Essex Railroad bridge, not that I could recollect. 33. Can you tell me about what is the height of the draw of the Morris & Essex Railroad bridge? No sir. Re-examined by Mr. Hayes. 1. Have you compared the statement from which you gave the number of vessels, with the account you kept? I have. 149 2. Is, or is it not a correct statement from that account? I suppose it is as correct as I can make it; it is correct as far as I can count. Cross-examined by Mr. Parker. 1. What do you mean when you say it is correct as far as I can count? It's as correct as I could make it or cause it to be made; it's as correct as I could read my own marks. 2. Can you read and write? No sir, I cant write, and am very poor at reading writing. 3. How did you compare this paper with your book? I counted mine, and then put down figures of my own sort of writing and Mr. Smith copied it for me. 4. How do you know that Mr. Smith copied it? I stood right over him and told him what to put down. his JAMES P BRADSHAW. mark. Sworn and subscribed before me, at Newark,? N. J., Sept. 19th, 1856. WM. B. GUILD, JR., J'otary. 150 September 30th, 1856, 3 o'clock P.M. Present, David A. Hayes, Esq., counsel for defendants, The Newark Plank Road and Ferry Company, no one appearing for complainants. Mr. Hayes offered in evidence, on part of said defendants, a paper, being a statement of the capital stock and dividends of The Newark Plank Road and Ferry Company, which I have marked Exhibit H. No. 9. Mr. Hayes also offered in evidence a paper, being the census of the United States for the year 1850, of the city of Newark, which I have marked Exhibit H. No. 10, on part of said defendants. Mr. Hayes also offered in evidence a paper, being a census taken by the State of New Jersey, of the city of Newark, of the year 1855, which I have marked Exhibit H. No. 11, being offered on part of said defendants. JOHN S. BALL, a witness called by the defendants, The Newark Plank Road and Ferry Company, being duly sworn, saith: 1. What is your age, where do you reside, and how long have you resided there? I am 42 years of age; I reside in Newark; have resided here since 1841. 2. What is your business, and how long have been engaged ia it? I am in the express business between Newark and New York; have been engaged in it for most of the time since 1845 or 1846. 3. In what capacity have you been engaged in that business? Been employed as a driver till within the last year; I now attend to the business as clerk, in New York. 4. By what route did you drive your express wagons? 151 I drove the old turnpike until the plank road went into opera. tion; since then I have driven by the plank road when it was open. 5. Are you acquainted with the operations of the boat at the ferry, on the plank road-if yea, how does it answer for the purpose of a ferry? I am; it answers very well when there is a high slack water and no winds; at other times it does not answer for the purpose of a ferry. 6. What are the objections to it? Everything; the chains, the ice, and the wind render it unsafe fora ferry. 7. Which road is preferable, the turnpike or plank road? The plank road, with all the faults of its ferry. 8. What are the objections to the old turnpike road? In wet weather it ruts up; and in the spring of the year it cuts through the McAdamized part into the meadow mud below, in spots; this has happened to me; the hills are very objectionable, its greater length, and the danger from the railroad running alonside of it. 9. Will it require any greater power to do the same work on one of these roads than on the other, and if so, what? I should consider it required about twenty-five per cent greater in favor of the power; I mean that one-quarter less stock will be required to do the same work on the plank road than is required on the turnpike. 10. Do you know the different express companies running between Newark and New York, and if so, name them? I do; they are Barnet & Co., Gardner & Co., S. Fair, Budd's, Day's, Clearman's, Williams', Lindermann's. 11. Do these all go over the plank road, when it is in operation? All but Fair's and Williams' go over the plank road regularly, and they go over it in bad weather, and when they have heavy loads; there is also an express runs from Camptown to New York, which goes over the plank road. 152 12. What difference of time did you make when driving over the roads? It took me from twenty minutes to half an hour longer to come over the turnpike than it did over the plank road, with the same load. 13. Have any accidents happened to you in driving on the turnpike, in consequence of its proximity to the railroad? I have had my horses frightened by the cars, and run, and become ungovernable, and been in danger of my life; I have had them off in a lane, that runs from the road, so that they could not see the cars. JOHN S. BALL. Subscribed and sworn before me, at Newark, N. J., Sept. 30th, 1856. WM. B. GUILD, Jr., rotary. After the above examination of Mr. Ball had been concluded, and Mr. Hayes had left, Cortlandt Parker, Esq., appeared, and learning of the above examination, objected to the same, for the reason that he was not aware that any examination was intended to be had, and therefore had not attended. Subsequently, David A. Hayes, Esq., appeared, and wished it stated, that in the morning of the same day he had appeared before me, in company with A. Q. Keasby, Esq., Mr. Parker's law partner, and who appeared for Mr. Parker, and then and there informed Mr. Keasby, that he, Mr. Hayes, should examine a witness at three o'clock in the afternoon of that day, which he did, after having waited for Mr. Parker until nearly four o'clock. EXHIBIT H, NO. 1. CIRCUIT COURT OF THE UNITED STATES. DISTRICT OF NEW JERSEY. The Newark Plank Road and Ferry Company,l et als. a adsm. ] On Bill, &c. Charles E. Milnor. J The Newark Plank Road and Ferry Company, et als. adsm. } On Bill, &c. William L. Shardlow. J Take notice of the examination of witnesses for the defendants. The Newark Plank Road and Ferry Company before William B. Guild, Jr., a Notary Public of the State of New Jersey, on Tuesday the 11th day of March next, at his office, in the City of Newark, at 10 o'clock in the forenoon, or as soon thereafter as he can attend to the same. Respectfully yours, DAVID A. HAYES, Attorney for the Newark Plank Road and Ferry Company. To C. PARKER, Esq., Att'yfor Plff's. Dated Feb. 28,1856. EXHIBIT H, NO. 2. CIRCUIT COURT OF THE UNITED STATES. FOR THE DISTRICT OF NEW JERSEY. The Newark Plank Road and Ferry Company, et als. adsm. On Bill. Charles E. Milnor. J The Newark Plank Road and Ferry Company, et als. | adsm. On Bill. William L. Shardlow. J Offce of the Proprietors of the Bridges over the rivers Passaic and Hackensack. SEPTEMIBER 21, 1855. The following resolution was this day adopted by the Stockholders "of the Proprietors of the Bridges over the rivers Passaic and Hackensack," at a meeting held this day: Resolved, That the consent in writing, "of the Proprietors of the bridges over the rivers Passaic and Hackensack," is hereby given to the " Newark Plank Road and Ferry Company," to erect a bridge across the Passaic river, upon or near the line of said Plank Road, as authorized by the supplemental act, entitled " a supplement to an act entitled'an act to incorporate the Newark Plank Road and Ferry Company,' approved February twenty-fourth, eighteen hundred and forty-nine." Subject in all respects to the rights and powers, limitations and provisions, of the aforesaid act, incorporating " the Newark Plank Road and Ferry Company," and particularly to the eighth section thereof, together with the supplement above mentioned. This consent being granted for no other purpose than that now authorized EXHIBIT H, NO. 2. 3 by the aforesaid act of incorporation and supplement, and that this consent be signed by the president and secretary, and the common seal of said proprietors be thereunto affixed, and the same be filed in the office of the Secretary of State of this State. In testimony whereof the corporate seal of said proprietors is hereunto affixed, and the same is signed by the president and secretary. SAMUEL MEEKER, President. L. SPENCER GOBLE, Secretary. EndorsedFiled September 25, 1855, THOMAS S. ALLISON, Secretary of State. State of New Jersey. ~2. I, Thomas S. Allison, Secretary of State of the State of New Jersey, do hereby certify that the foregoing is a true copy of a paper filed in said office on the twenty fifth day of September, A. D. eighteen hundred and fifty-five. In testimony whereof, I have hereunto set my hand and affixed my seal of office at Trenton, this eighth day of March, A. D. Eighteen. hundred and fifty-six. THOMAS S. ALLISON, Secretary of State. EXHIBIT H, NO. 3. CIRCUIT COURT OF NEW JERSEY. FOR THE DISTRICT OF NEW JERSEY. The Newark Plank Road and Ferry Company, et als. adsm. On Bill. Charles E. Milnor. J The Newark Plank Road and Ferry Company," et als. adsm. } On Bill. William L. Shardlow. J The Annual Meeting of the Stockholders "of the Proprietors of the Bridges" over the rivers Passaic and Hackensack, was held at the City Hotel, in Newark, N, J., Saturday, Aug. 4, 1855. Archer Gifford, Esq., was appointed Chairman, and L. Spencer Goble, Sec'y. Notice of meeting as advertised, was read. Minutes of the last annual meeting were read and approved. On motion, the last resolution in minutes of the last annual meeting was amended by the following additional clause, " the same be done at the expense of the New Jersey Railroad and Transportation Company." Agreed to by universal consent. The Treasurer, Henry J. Southmayd, Esq., submitted the Annual Report, which having been approved by Messrs. Gifford and Jackson, was read and'adopted. Balance to the credit of the Company, $ — On motion Resolved-That a dividend of Six Dollars on each share be declared out of the earnings of the Company for the past year, payable on and after the first day of September next. On motion, Resolved, That it be referred to the Directors, provided EXHIBIT H, NO. 3. 5 they should deem the Bridge over the Passaic river to require repairs, to construct a pivot or draw with two openings of fifty feet each at least. Application for the New Jersey Rail Road and Transportation Co., relative to obtaining consent of Bridge Company, to build a Bridge over river Passaic, accepted and ordered on file. On motion, Resolved, That the Board of Directors appoint a meet. ing of the Stockholders of this Company, for the purpose of consider. ing and deciding on the aforesaid application of the New Jersey Rail. road and Transportation Company, to be held on the seventeenth day of September next, at 2 o'clock, r. M., or at such time as they may see fit to appoint, at the City Hotel, in Newark, N. J., situate on the corner of Broad and William streets, and that notice signed by the Secretary, and advertised in one of the papers published in the City of New York, and in one of the papers published in Newark, N. J., fourteen days prior to such meeting, according to the existing By-Laws, or Resolutions adopted by the stockholders of the Company at a meeting held on the 4th day of August, 1821. Passed. On motion of John H. Stephens, Esq., that the vote of the last above named resolution, be taken by Ayes and Nays. On motion of John P. Jackson, Esq., that the vote shall be according to the respective interests of Stockholders. Passed. Ayes 13, nays 4, blank 1. Thelast above resolution was then passed. Ayes 13, nays 5. Protest presented by Joel W. Condit, Esq. On motion, Resolved, That the said Protest be received and placed on file. Application from the Newark Plank Road and Ferry Company, "relative to obtaining consent of Bridge Company to build a Bridge over river Passaic." Accepted and ordered on file. On motion, Resolved, That the Board of Directors appoint a meeting of the Stockholders of this Company, for the purpose of considering and deciding on the aforesaid application of " the Newark Plank Road and Ferry Company," to be held on the 21st day of Sept. next, at 2 o'clock, P. m., or at such time as they may see fit, to appoint at the City Hotel, at Newark, N.J., situate on the corner of Broad and William streets, and that notices signed by the Secretary, and advertised in one of the papers published in the city of New York, and in one of the papers in Newark, N. J., fourteen days prior to next meeting, according to the existing By-Laws, or Resolution adopted by the Stock 6 EXHIBIT H, NO. 3. holders of this Company, at a meeting held on the 4th day of August, 1821. Passed. On motion Resolved, That the meeting* proceed to the election of Directors, and officers for the ensuing year. John Acken, and Nehemiah Perry, Esqrs., were appointed Tellers. On motion of Joel W. Condit, Esq., Resolved, That the Tellers report the number of votes cast, by whom cast, and the number of votes cast by proxy; and that the said report be placed on the minutes. Adopted. The Tellers made the following report: Whole number of votes cast, - - - -318 Number cast in person, -. 48 Number cast by proxy,.- - 270 NAIES OF STOCKHOLDERS VOTING IN PERSON. William Wright, - - - - 10 Joel W. Condit, - - - 5 Samuel Meeker, - - 2 John P. Jackson, --- - 1 John S. Darcy, - - - - - 1 A. S. Hubbell, - - - - 1 Adam Lee, - - - - - - 1 Dudley S. Gregory, - - - - - 1 H. J. Southmayd, - -. - 1 Nehemiah Perry, - - - - 1 Jacob D, Vermilye, - - - - -1 A. L. Dennis, - - - 1 John Acken, - - - 1 John Van Rensalier, - - - 5 Charles E.,Milnor, - - - - - 5 John H. Stephens, -- 5 J. G. Goble, by Attorney, - -- 1 H-anford Smith, by Exr's. his Estate, - - - 5 VOTES CAST BY PROXY. F. W. Jackson, - 1 H. R. Remson, -. - 1 Wm. C. Emmett, - 7 James B. Pinneo, - 1 EXHIBITI H, NO. 3. 7 New Jersey Railroad & Transportation Company, by John S. Darcy, President, a majority of the Board of Directors being present and concurring, - - -. 260 270 RESULT. Samuel Meeker, for Director and President, - - 283 William Wright, do do - 318 John P, Jackson, do do. 318 John S. Darcy, do do - 283 Dudley S. Gregory, do do - 283 Alfred L. Dennis, do do - - 283 John H. Stephens, do do - - 35 Joel W. Condit, do do - - 35 John Van Rensalier, do do - 35 Charles E. Milnor, do do - -.35 Henry J. Southmayd, for Treasurer, - - - 283 L. Spencer Goble, for Secretary, - - - 283 The following gentlemen were declared to be elected as Directors and officers for the ensuing year:President and Director-Samuel Meeker. Directors-William Wright, John P. Jackson, John S. Darcy, Dudley S. Gregory, Alfred L. Dennis. Treasurer-Henry J. Southmayd. Secretary-L. Spencer Goble. On motion, adjourned. L. SPENCER GOBLE, Secretary. At a meeting of the Board of Directors " of the Proprietors of the Bridges over the rivers Passaic and Hackensack," held at Newark on Tuesday the 28th day of August, 1855. Present-Samuel Meeker, John S. Darcy, John P. Jackson, Dudley S. Gregory, Alfred S. Dennis. Samuel Meeker, Esq, President, in the chair. It was, on motion, Resolved, That in accordance with the resolution of the Stockholders of this Company, at the last annual meeting, this Board do 8 EXHIBIT H, NO. 3. appoint a meeting of the Stockholders of this Company, to be held on the 17th day of September, 1855, at 2 o'clock, r. M., at the City Hotel, Newark, N. J., situate on the corner of Broad and William Streets, for the purpose of considering and deciding on the application of the New Jersey Railroad and Transportation Company, for the consent of this Company to the erection of a bridge, for said Railroad Company, over the Passaic river, at Newark, in accordance with the provisions of the act, supplemental to the act incorporating the New Jersey Railroad and Transportation, Co." passed at the last session of the Legislature of New Jersey, amd that notices, signed by the Secretary, be advertised and given as prescribed in the existing bylaws or resolutions adopted by the Stockholders of the Company, at a meeting held on the 4th day of August, 1821. Passed. It was, on motion, Resolved, That in accordance with the resolutions of the Stock. holders of this Company, at the last annual meeting, this Board do appoint a meetings of the Stockholders of this Company, to be held on the 21st day of September, 1855, at two o'clock, P. M., at the City Hotel, Newark, N. J., situate on the corner of Broad and William Streets, for the purpose of considering and deciding on the application of "the Newark Plank Road and Ferry Company," for the consent of this Company to the erection of a bridge for said " the Newark Plank Road and Ferry Company," over the Passaic river, on the line of their road at Newark, in accordance with the provisions of the act, supplemental to the act incorporating the said " the Newark Plank Road and Ferry Company," passed at the last session of the Legislature of New Jersey, and that notices, signed by the Secretary, be advertised and given as prescribed in the existing by-laws or reso. lutions adopted by the Stockholders of this Company, at a meeting held on the 4th day of August, 1821. Passed. On motion-the following Committee were appointed. On Repairs of Roads and Bridges-Messrs. Darcy, Wright, and Jackson. On the protection of the rights of the Company-Messrs. Meeker, Gregory, and Jackson. On Tolls on the Bridges-Messrs. Wright, Dennis, and Jackson. On motion, Adjourned. L. SPENCER GOBLE, Secretary. EXHIBIT H, NO. 3. 9 At a meeting of the Stockholders of "the Proprietors of the Bridges over the rivers Passaic and Hackensack," held at the City Hotel, in Newark, N. J., on Friday, September 21st, 1855, Archer Gifford, Esq., was appointed Chairman, and L. Spencer Goble, appointed Secretary. Jacob D. Vermilye, Esq., and John Acken, Esq., were appointed Inspectors and Tellers. The minutes of the annual meeting of the 4th of August were read, and the minutes of Directors' meeting of 28th of August, and meeting of Company of September 17th, were read and approved. The notice given to the Stockholders of this Company, notifying them of this meeting, the same having been advertised, in a paper published in the City of New York, and in three papers published in the City of Newark, N. J., and a copy served personally on each Stockholder, was read. The following is a copy of said Notice: "PASSAIC AND HCSAENSACK BRIDGE COMPANY. Notice is hereby given, That a meeting of the Stockholders of "the Proprietors of the Bridges over the rivers Passaic and Hackensack," will be held on the 21st day of September, A. D., 1855, at 2 o'clock, P.M., at the City Hotel, Newark, N. J., on the cor. of Broad and William Streets, for the purpose of considering and deciding on the application of the " Newark Plank Road and Ferry Company," for the consent of the said Proprietors of the Bridges over the rivers Passaic and Hackensack, to the erection of a bridge for said "the Newark Plank Road and Ferry Company," over the Passaic river, at Newark, N. J., in accordance with the provisions of the act, supplemental to the act incorporating the said " The Newark Plank Road and Ferry Company," passed at the last session of the Legislature of New Jersey. By order of the Board, L. SPENCER GOBLE, Secretary." L. Spencer Goble, Secretary of "the Proprietors of the Bridges over the rivers Passaic and Hackensack" made affadivit to the facts, that the above notice had been duly advertised in the Commercial Advertiser, a paper published in the City of New York, and in the Newark Daily Advertiser, the Newark Mercury, and the Newark Eagle, three papers published in the City of Newark, N. J., and a copy of said notice served on the Stockholders of this Company, more than fourteen days prior to this meeting. 10 EXHIBIT H, NO. 3. The affidavit having been read, was ordered to be filed. On motion of William Wright, Esq., Resolved, That the Stockholders present shall vote without reference to amount of stock, each having one vote. On motion of John P. Jackson, Esq., that the above resolution be amended as follows: Resolved, That each Stockholder shall be entitled to vote according to the number of shares he may hold. The ayes and noes being called for on the amendment, the same was passed. Ayes 17; Noes 5. The original resolution was then passed as amended by ayes 17, noes 5. A resolution being offered by John H. Stephens, Esq., relative to the application of " the Newark Plank Road and Ferry Company,', on motion. of John P. Jackson, Esq., the resolution, as offered, was rejected by ayes 16; noes 4. The following resolution being offered by Joel W. Condit, Esq., viz: Resolved, that the paper presented to the annual meeting of" the Projrietors of the Bridges over the rivers Passaic and Hackensack,'" on the 4th day of August, 1855, being a protest against giving consent to the erection of any bridge over the Passaic river, and signed by William Wright, John H. Stephens, and others, be now taken from the files, and read, and entered at length on the minutes of this ieeting. The protest was then read, and on motion of John P. Jackson, Esq., the resolution was amended as follows, viz: That the protest be read and placed on file. Passed by ayes 17; noes 5. The original resolution, as amended, was then passed unanimously. A similar protest to that offered at the meeting of September 17th, was then offered by Joel W. Condit, Esq., which, on motion, was received and ordered on file. On motion of John P. Jackson, Esq., the following preamble and resolution were then offered, viz., the application of the Newark Plank Road and Ferry Company, for the consent of "the Proprietors of the bridges over the rivers Passaic and Hackensack," required by the fifth section of an act of the Legislature of the State of New Jersey, passed March 14, A.D. 1855, entitled a supplement to an act, entitled an act to incorporate the Newark Plank Road and Ferry Company, approved February 24th, 1849, to " erect a bridge," authorized by EXHIBIT H, NO. 3. 11 the aforesaid supplement, across the Passaic River, upon or near the line of said Plank Road, having been presented to this meeting of Stockholders, the following resolution is adopted: Resolved, That the consent in writing' of the Proprietors of the Bridges over the rivers Passaic and Hackensack," is hereby given to the Newark Plank Road and Ferry Company," to erect a bridge across the Passaic river upon or near the line of said plank road, as authorized by the supplemental Act, entitled a supplement to an Act, entitled an Act to incorporate "the Newark Plank Road and Ferry Company," approved Feb. 24th, 1849, subject in all respects to the rights and powers, limitations and provisions of the aforesaid Act, incorporating "the Newark Plank Road and Ferry Company," and particularly to the eighth section thereof, together with the supplement above mentioned. This consent being granted for no other purpose than that now authorized by the aforesaid act of incorporation and supplement, and that this consent be signed by the President and Secretary, and the common seal of said proprietors be thereto affixed, and the same be filed in the office of the Secretary of State of this State. The Ayes and noes being called for by William Wright, Esq., the above preamble and resolution as offered by John P. Jackson, Esq., was passed by the following vote. The New Jersey Railroad and Transportation Company were present at this meeting, and voted on the first two amounts of stock belonging to them, viz: That standing in the name of the Trustees of the New Jersey School Fund, 667 shares, and that in the name of the New Jersey Railroad and Trans. portation Company, 260 shares, and personally tendered the pro. ceedings of their meeting, with their Proxies also, as follows: The Trustees of the N. J. School Fund,.. Aye, 667 The New Jersey Railroad and Transportation Co., " 260 John P. Jackson, in person,.. " 6 Samuel Meeker, do -. " 2 Nehemiah Perry, do - - " 1 Jacob D. Vermilye, do - - " 1 James B. Pinneo, by proxy, - - " 1 Henry R. Remsen do -. " 1 John Acken, in person,. " " 1 F. Wolcott Jackson, by proxy, - " 1 Adam Lee, do -" 1 12 EXHIBIT H, NO. 3. J. G. Goble, by attorney, - - " D. S. Gregory, in person, - - H. J. Southmayd, do John S. Darcy, do - I J. Phillip Phoenix, by proxy, - - 7 Ayes, 953 John H. Stephens, in person, - - Nay, 5 William Wright, do. - - -" 10 Joel W. Condit, do - " 5 Hanford Smith's estate, by W. S. Faitoute, ex., - " 5 Charles Milnor, in person, - - - " 5 A. L. Dennis, do - - " 1 Nays, 31 The Inspectors and tellers reported the following result, viz: Ayes 953; Noes, 31. The following certificate was then made: We certify that the foregoing is the true result of the vote of stockholders, on the foregoing resolution offered by John P. Jackson, Esq., and that nine hundred and fifty-three votes were given for said resolution, granting consent, and thirty.one against it. Sept. 21, 1855. [Sid.] JOIIN ACKEN, -L^^'-l.] JACOB D. VERMILYE, Inspectors and Tellers. The said Preamble and Resolution as offered by John P. Jackson, Esq., were declared by the Chairman to be adopted. On motion, adjourned. L. SPENCER GOBLE, Secretary. I certify, that the consent in writing, as authorized by the proceedings of the foregoing meeting, to the erection of the bridge over the river Passaicby the Newark Plank Road and Ferry Company," signed by the President and Secretary of this Company, and the seal of this Company thereunto affixed, was duly filed in the office of the Secretary of State of this State. L. SPENCER GOBLE, Secretary. EXHIBIT H, NO. 4. CIRCUIT COURT OF THE UNITED STATES; FOR THE DISTRICT OF NEW JERSEY. The Newark Plank Road and Ferry Company,] et als., def'ts. | adsm. ) On Bill, &c. Charles E. Milnor, compl't. J Same, def'ts.' adsm. On Bill, &c. William L. Shardlow, compl't. J SPann l0 Er. @ Opening in cler, 66 feet. 20 feet, T7 feet. TURNFa U TU N ALE. EXHIBIT H, NO. 5. CIRGlJIT CORT OFTHE IITED mAEL, DISTRICT OF NEW JERSEY. The, Newark Plank Road and Ferry Company,, et als, defts. ( adsm. On Bill, &e.'~ E en~gth of Bridge, 173 feet. Charles E. Milnor, compl't. idth of Protection across the River, 40 feet Length of Protection, 60 feet. Opening in Clear, on each side, 66 feet. Same, defrs. ~ ^^ ^ brge, from out to out, 20 feet. adsm. IOn Bill, & Width of Tow Path, 4 feet. I H~~~~~~~~~~~~~~~~~~~~~~~~~~igt of Bridge Seat —above ordinary high water. William L. Shardlow, compl't J I I I B^ VW^-^' ~' ftw_.. __ _ /l l -. -S 6c FEET. ^40 FEET - 000 0 ^ ^ 0 3 ^ e o ~ ^^ ^ ^~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-U-?-~ O ^^ O Q EXHIBIT H, NO. 6. CIRCUIT COURT OF THE UNITED STATES, FOR THE DISTRICT OF NEW JERSEY. The Newark Plank Road and Ferry Company,) et als. [ adsm. ) On Bill. Charles E. Milnor. j The Newark Plank Road and Ferry Company,) et als. I adsm. } On Bill. William L. Shardlow. J To the Senate and General Assembly of the State of New Jersey: The undersigned, being engaged in manufacturing and mechanical pursuits in the City of Newark, and feeling sensibly the importance of a safe and perfect avenue between this city and New York, avail themselves of this opportunity to petition your Honorable bodies for the passage of the Supplement to the charter of the Newark Plank Road and Ferry Company, now pending, authorizing the construction of a bridge over the Passaic River at the point where the Ferry is located. We beg leave to represent to you that this question is emphatically one affecting the vital interests of our city, much more than those of the Plank Road Company or any particular interest. While it is proper that the Stockholders investing their means in the enterprise should be adequately remunerated, yet the necessity for the bridge applied for is such as to render it a matter of importance, extending beyond and over-reaching any matter of individual remuneration, because of its immediate connection with the prosperity and growth of our entire community. 14 EXHIBIT H, NO. 6. We would respectfully represent, that all the manufactured products, upon which our people rely wholly and solely for support, are transported by land carriage to New York, and thence shipped for their ultimate destination. Never, until the opening of the Plank Road, has there been any other outlet for the millions of articles fabricated here, than the Turnpike Road, which is not only a longer route by two miles, but is at all times dangerous to life and property from the road running immediately parallel with the railroad for near a half mile, where the average number of trains passing amounts to seventy five per day. The ferry of the Plank Road has proved a total failure for the purposes for which it was intended; and a fair and thorough trial of the experiment has demonstrated the necessity for a bridge. In connection with this matter, it is proper to state that on repeated occasions have numbers of freighted teams been obliged to return to one of the termini of the road, from the ferry, because of accidents to the chain boat, and then take the other route. This was the case only a day or two since, when thirty-three heavily loaded wagons, from New York, were compelled to return from the ferry to a point where they could find an access to the turnpike, thereby travelling a distance of about ten miles around, when they were within two miles and a half of their destination. We would further represent to you that the opposition to the bridge comes almost exclusively from the individuals engaged in the business of freighting between the two cities by water —an interest which has always opposed every thing that could tend to afford additional facilities for transportation between these points. They opposed the construction of the New Jersey Railroad with the same energy and bitterness which they now bring to bear against this bridge. The means which they offer for the transportation of our goods are utterly inadequate to our wants, for the following reasons: 1st. The distance by water communication from Newark to New York is twenty-five miles, while by the Plank Road it is only seven. 2d. To ship our goods by this line it is necessarily annoying, troublesome, expensive and tedious. They must first be placed upon a wagon or cart and conveyed to the boats at our wharf, then shipped by a slow navigation through a shallow river and be constantly liable to stoppages "on the sand bar" at its mouth. When they have reached New York, they must be discharged from the barges and again placed upon drays and conveyed to the vessels bound to the destined norts, and then again re-handled and re-shipped. EXHIBIT H, NO. 6. 15 3d. By this line we are compelled to pack and close our cases several days in advance of the sailing of the vessels from New York, while by land transportation they need not be closed until the morning of their final departure. By the land route the goods are placed upon wagons at our own doors, and delivered by these vehicles at the ships in New York, thereby making this the only practicable and reliable mode of conveyance. The river, from its utter want of capacity and notorious inadequateness for our purposes, has never been made the medium of connection with New York, and the greater our expansion as a city, and the more extended our growth as a manufacturing community-the more insignificant is our water communication as an avenue for our mechanical products. With the difficulties and litigations in which the Company have become involved we have nothing to do, nor do we feel the slightest interest beyond the mere matter of a continuous road for our freights between this city and New York. In consideration of the premises, we, the mechanics and manufacturers of Newark, do most earnestly and zealously appeal to you to grant this application to the people of our city; and we do most sincerely assure you that the measure is demanded by the true and permanent interests of this manufacturing people-that the want of the connection is resting like an incubus upon the future growth and prosperity of a city containing the most fruitful elements of healthful increase. NEWARK, January 27th, 1855. Rankin, Duryee & Co., C. J. Jacobus, T. A. Waldron & Co., Waldron, Ilsley & Co., Francis Mackin, Field & Keep, William W. Pollard, A. W. Canfield, H. Sauerbier & Co, Gould & Cumberland, Otis Boyden, Joseph Day, Hedenburg & Littell, Serepture & Co., J. H. & T. W. Dawson, J. Elverson & Co, Vail & Yates, E. A. Green, Stephen Jagger, Daniel M. Lyon, Collins Knapp, Baldwin & Thomas, Marcus B. Douglass, Alex. Barclay, Sanders & Southard, Aaron W. Rodwell, Keen & Scott, Silas Merchant, Blauvelt & Winans, Halsey, Hunter & Co., Alling & Demarest, J. A. Nichols & Co., J. C. Groshong, Tupman, Dean & Co., R. C. Anderson, W. B. & H. W. Douglass, William Garthwaite, William Halsey Utter, James' H. Halsey, William S. Baldwin, F. M. Utter, James L. Dickerson & Co, Baldwin & Jones, Pierson & Berry, Callen & Courter, George Hall, Alex, M. Utter, George Watts, Joseph Burroughs, Spahmer & Ogden, 16 EXHIBIT H, NO. 6 Agens & Co., James A. Rankin, Wm. S. Palmer & Co., John P. Jube, D. B. Turnbull, Condict, Horton & Co., J. S. Peshine & Co., Halsey & Tucker, Daniel Price & Fitzgerald, Theo. P. Howell, William A. lHo ell (of the Firm of N. Perry & Co.), T. B. Pierson, B. Irvin & Co., A. B. Alston & Co., Littell, Payan & Carhart, Henry C. Jones, Benedict & Ball, J. B. Ward (owner of Dock Property), J. M. Quinby & Co., Harrison & Breese, William Browe, Jr., C. P. Burnet & Co., J. B. Miller & Co., C. N. Lockwood, Austin & Cary, Pierson & Tichenor, Smith & Co., Wm. H. Lyman, Moses Bigelow, W. A. Brintzinghoffer, William Terhune, Crowley & Me Craith, J. P. Frink & Co., P. G. Cox, George Dougherty, Theo's Frey, Halsey & Noble, Mockridge & Francis, Thompson, Price & Co., Baldwin, Johnson & Co., M. Price, Owen Me Farland, Carter, Pierson & Hale, Lewis, Garthwaite & Co., Auble & Gordon, O. E. Brown, Kinney & Co., William Burnett, Springmaker; S. & W. Starr & Co., Saddlers Hardware; C. A. Carter, Spoke Manufacturer; Bedford, Crane & Co., Carriage Bow Manufacturers; Lucius D. Gould, Architect and Builder; Joseph Colyer, Carriage Ma. ker; Matthew Ely, Railing Maker; Thomas E. Hicks, Carriage Maker; Benj. Cope, Collar Manufacturer; H. C. McKee, Leverich & Enders, Carriage Makers; Peddie & Morrison, Charles H. Halsey, Axle Maker; Jacob Stucky, Clothing; Geo. W. Andruss, Plane Maker; William Johnson, Sturges, Wade & Dawson, J. Ives & Son, Douglass & Post, Geo. W. Westerfield & Co., Joseph Van Cleve, Wright & Huntington, W. H. Pemberton, A. L. Ayres, John Young, Halsey & Taylor, J. R. Jillson, Abm. Inslee, Andrew Atha, N. Balevre, J. H. Gott, Fred. Stegmuller, Richard Hall, D. B. Crocket, Toler & Linnell, Nerringer & Sautermuster, Charles Shirreff, E. W. Hoff, Prentice & Brown, Gurney & Co., F. Callaway & Co., Geo. Peters, S. P. Smith, D. B. & G. H. Bruen, Chas. H. Harrison & Co., Palmer, Richardson & Co., Moore, Sealy & Co., R. M. Grummon, E. H. Sigler, Wm. A. Gordon, N. Marsh, Linn Adams & Co., J. Terhune. We, the subscribers, Merchants in the city of Newark, do most heartily concur in the above petition. John H. Kase, J. C. Woodruff, Thos. Davies, Granniss & Thomas, Wm. McMurtry, E. Bruen, F. S. Thomas, jr., Lang & Hoffman, T. C. Chandler, E. Mockridge, D. Smith & Son, Abraham Clark, Wim. Meeker, C. P. Hall, S. B. Tuttle, John G. Kitchen, Wim. Ashley, Horace Freeman, Chas. W. Poor, Donnington & Freeman, Samuel C. EXHIBIT H, NO. 6. 17 Dunn, Bonnel & Whitty, Richard Smith, Charles A. Lent, D. W. Richards, E. R. T. Williams & Co., R. G. Henry & Son, C. A. De Hart, John Brannagan, H. A. Williams, D. Wilson, Ambrose B. Hill, Chas. Garrabrant, Benj. F. Heaton, S. Nichols, J. McGregor & Co., James Egan, Chas. W. Badger, Walter Garrity, Charles Campbell, Edward Page, Samuel H. Gardner, Peter Egan, Theo. R. Lafoy, T. A. Stanlish, Daniel Duffy, Moses Ward, Eagles, Kelly & Co., J. S. Smalley & Co., James Dougherty, J. Duryea, Jno. Lyon, Gould & Campfield, Ball & Van Syckle, Alfred Lyon, Jacob W. Ward, S. R. W. Heath & Co., S. Baldwin, Ross & Munier, Charles Seitz, Samuel M. Howell, A. Spahmer, Wm. Vanderveer, Hoyt & Smith, Russell & Healy, Daniel Blauvelt, jr., John Garchies. EXHIBIT H-, NO. 8. CIRCUIT COURT OF THE UNITED STATES, DISTRICT OF NEW JERSEY. Charles E. Milner, Complainant, anid On Bill, &c. The Newark Plank Road and Ferry Company, I et als., Defendants. J William L. Shardlow, Complainant, and On Bill, &c. The Newark Plank Road and Ferry Company, I et als., Defendants. J STATEMENT OF VESSELS PASSING THE PLANK ROAD FERRY ON THE PASSAIC RIVER, FROM NOVEMBER 1st, 1855, TO DECEMBER 25, 1855, AND FROM MARCH 26th, 1856, TO AUGUST 1, 1856. Steam Schoon- Fore & aft sCanal Sop 855. Steam Barges. o- hef Schoon- Sloops. Boats. 1000, Boats. ^^^~- ers. Schooners. er s. Nov. 6 1 12 " 6 " 25 do 2 9 2 16 " 6 2 35 4 " 4 " 4 1 13 t4 1 3 " " 1 3 13 (in a 5 2 4 " " 13 " 24 do 6 8 2 8 1 5 5 29 do 7 8 1 5 " 9 1 24 do 8 6 4 4 2 8 1 25 do 9 7 2 8 " 9 1 27 dolO 4 1 8 " 5 1 19 EXHIBIT H, NO. 8. 19 85. St Bargesam Schoon- Fore & aft - |nSloops. anl P1855. t. ^Boats. ers.. Schooner. Sloops Boats. ers. Nov. 11 4 " 2 " " 6 " 12 do 12 5 1 3 " " 1 1 11 do 13 8 3 11 i " 12 2 36 do 14 5 1 9 " " 5 " 20 do 15 6 3 7 1 1 6 1 24 do 16 1 " 5 " " 7 " 23 do 17 7 " 6 " 7 2 22 do 18 4 " 6 " 10 " 20 do 19 8 3 8 " " 11 3 33 do 20 8 4 9 " " 8 2 31 do 21 6 2 7 " " 8 3 26 do 22 8 2 5 " 9 1 25 do 23 6 4 6 " 7 2 25 do 24 7 1 6 " 4 1 19 do 25 4 " 1 " " 2 " 7 do 26 7 5 3 " 5 3 23 do 27 6 5 11 " 3 " 25 do 28 7 1 5 " " 6 5 24 do 29 3 " 7 " 6 " 16 do 30 8 4 9 " 13 5 39 Dec. 1 6 2 4 " 9 2 23 do 2 3 " 8 " " 8 1 20 do 3 9 3 4 " " 8 4 28 do 4 6 2 4 " " 4 2 18 do 5 7 2 6 " " 5 8 27 do 6 7 1 5 " 11 " 24 do 7 4 2 4 " 6 2 18 do 8 5 " 6 " 3 1 15 do 9 5 " 4 " 7 " 16 do 10 3 2 5 " 3 " 13 do 11 8 " 4 " 3 " 15 do 12 5 4 8 " 2 2 21 do13 4 2 1 " " 7 1 15 do 14 3 1 8 " " 6 1 19 do 15 5 " 4 " 8 " 17 do 16 4 " 10 " " 2 " 16 do 17 5 2 6 " 7 2 22 20 EXHIBIT H, NO. 8. Steam Schoon- Fore & aft Topsail Canal 1855. Boats. Barges. Schooners. - Bs. ers. Dec.18 7 1 6 " 4 2 20 do 19 5 4 8 " " 8 " 25 do 20 3 1 8 " " 4 " 16 do 21 3 1 2 " 3 " 9 do 22 3 " 4 " " 1 8 do 23 " " 4 " " 1 " 5 do 24 " 1 " 22 3 do 25 " " " " " 1 1856. Mar. 26 5 " 2 1 " 2 " 10 do 27 4 " 4 4 " 8 1 21 do 28 5 " 1 1 " 3 1 11 do 29 3 " 2 ".. 5 do 30 1 1 " " " 1 " 3 do 31 5 2 " " " 6 1 14 April 1 5 1 7 " " 4 1 18 do 2 7 " 5 " " 8 1 21 do 3 4 2 4 " " 3 4 17 do 4 5 1 12 1 " 8 1 28 do 5 4 2 12 " " 5 " 23 do 6 " " 4 " 7 " 11 do 7 7 " 5 " 8 2 22 do 8 5 " 11 " 8 " 24 do 9 9 6 8 3 " 10 1 37 do 10 7 " 7 " " 5 2 21 do 11 6 1 6 " " 8 1 22 do 12 6 4 4 " " 3 " 17 do 13 " " 2 " " 2 4 do 14 5 3 7 " 7 1 23 do 15 4 " 3 a " 8 3 18 do 16 7 2 12 " 3 1 25 do 17 3 3 6 " 10 2 24 do 18 9 4 14 1 " 10 2 40 do 19 6 1 5 " " 9 3 24 do 20 " " " 1 " 3 4 4 do 21 3 " " " 3 do 22 6 7 3 2 15 " 33 EXHIBIT H, NO. 8. 21 Steam Schoon- Fore & aft Canal pi 18ti6 | Staat8 | sarges. ||schoon- | Sloops- 4a nl | 1856. oats. e ers. Schooners. Boats. ers, B ots April 23 5 2 3 " " 10 " 20 do 24 7 7 " " 8 14 43 do 25 4 3 11 " " 8 3 29 do 26 4 6 12 2 1 10 4 39 do 27 " " 4 " " 6 " 10 do 28 4 2 3 " " 4 1 14 do 29 5 7 10 1 " 8 2 32 do 30 4 " 11 " " 12 2 29 May 1 4 1 4 2 " 6 3 20 do 2 6 2 7 1 " 7 4 27 do 3 4 2 6 1 " 4 1 18 do 4 2 1 7 " 1 8 1 20 do 5 6 2 5 " 1 6 2 22 do 6 5 1 14 " " 9 3 32 do 7 5 1 11 1 " 5 1 24 do 8 6 1 1 " " 2 1 11 do 9 7 2 12 2 2 3 28 do 10 6 " 5 5 1 9 3 29 do 11 4 " 2 " " 6 " 12 do 12 7 1 4 1 " 4 2 19 do 13 9 " 4 1 " 9 4 27 do 14 5 2 7 3 " 10 3 30 do 15 4 1 6 1 1 5 2 25 do 16 4 2 4 1 1 10 3 25 do 17 10 2 6 1 1 3 4 27 do 18 2 " 5 1 " 3 " 11 do 19 7 4 9 2 " 7 6 35 do 20 8 2 6 3 " 9 9 37 do 21 6 " 3 4 " 11 6 30 do 22 6 " 5 2 " 4 4 21 do 23 7 1 4 A" " 9 7 28 do 24 7 1 3 " " 3 4 18 do 25 4 " I " " 3 " 8 do 26 6 1 5 1 " 7 1 21 do 27 7 1 5 " " 13 3 29 do 28 9 " 7 " " 10 6 32 do 29 5 1 4 " " 8 1 19 22 EXHIBIT H, NO. 8. Steamr e Sehoon- Fore & aft Topsail Canal 1856. Boats. Barges. ers. Schooners. Schoon- Slps. Boats ers. May 30 7 1 4 1 " 5 1 19 do 31 5 3 7 2 " 5 3 25 June 1 4 " 4. " 2 " 10 do 2 6 " 5 3 " 4 3 21 do 3 6 " 5 1 " 9 2 23 do 4 9 1 7 1 " 5 4 27 do 5 7 1 4 1 " 5 3 21 do 6 7 " 4 2 " 5 1 19 do 7 6 " 1 2 " 7 2 28 do 8 4 " 4 " 2 " 10 do 9 8 1 10 " 8 " 28 do 10 3 1 5 " " 9 " 18 do 11 4 4 4 4 1 7 4 28 do 12 3 1 10 3 " 8 4 29 do 13 8 " 8 2 1 5 5 29 do 14 6 6 6 " 6 2 26 do 15 4 " 4 " " " " 8 do 16 6 " 7 1 " 9 2 25 do 17 6 " 8 " " 11 2 27 do 18 6 1 3 " 6 2 18 do 19 6 2 5 " " 4 " 17 do 20 9 4 8 2 " 9 4 36 do 21 7 2 3 1 " 4 5 22 do 22 4 " 1 1 " 4 " 10 do 23 7 1 4 " " 6 1 19 do 24 6 1 8 " " 1 27 do 25 10 2 9 1 " 5 3 30 do 26 6 2 7 " 1 12 5 33 do 27 7 " 8 " " 9 3 27 do 28 13 4 8 1 " 6 2 34 do 29 4 " 1 " " 3 " 8 do 30 7 1 1 " 7 4 26 July 1 8 " 10 4 " 8 2 32 do 2 13 " 6 4 " 13 1 37 do 3 7 1 9 3 1 9 " 30 do 4 4 " 2 " " 3 " 9 do 5 13 4 3 1 " " 2 23 EXHIBIT H, NO. 8. 23 Steam BR Schoon- Fore & aft Topsa Caial 1856. Boats. B^g. ers. Schooners. Schoon- Sloops. Boats ers. c~. July 6 9 1 4 1 4 " 19 do 7 12 1 3 1 " 4 1 22 do 8 11 " 11 2 1 6 2 34 do 9 7 2 4 2 1 9 4 29 do 10 6 " 6 1 5 1 19 do 11 9 1 5 " 11 3 29 do 12 9 6 " 6 2 24 do 13 11 " 1 " 2 " 15 do 14 7 1 7 1 1 6 3 26 do 15'7 " 7 1 c 5 20 do 16 16 " 4 " 7 3 30 do 17 8 3 9 " 3 3 26 do 18 10 1 5 2 " 9 3 30 do 19 5 4 6 " 6 2 23 do 20 6 " 2 I" " 1 9 do 21 2 " 4 " " 9 4 19 do 22 6 " 8 1 " 9 2 26 do 23 8 1 3 1 " 8 1 22 do 24 9 2 3 4 " 10 1 29 do 25 7 " 3 3 " 6 3 22 do 26 14 1 7 1 5 3 31 do 27 8 " 2 " 3 " 13 do 28 8 " 3 1 " 3 4 19 do 29 12 2 8 3 1 8 2 36 do 30 8 1 12 2 1 8 " 32 Total, 1093 250 1040 119 25 1132 333 3992 A CONDENSED STATEMENT OF THE ABOVE.. Stem Bge. Shoon- Fore & aft Topsail al 1855. Boats. Barges. ers. Schooners. Schoon- Sloops. Canal o Boats. November 1 to 30. 190 59 198 " 4 202 46 695 December 1 to 25. 110 31 122 " " 123 28 414 24 EXHIBIT H, NO. 8. Steam Schoon- Fore& aft TopsailCanal 1856. Boats Barge. ers. Schooners. Schoon- Sloops. oats. ers. March 26 to 30. 23 3 9 6 " 20 3 64 April 1 to 30. 141 64 198 11 1 210 51 676 May 1 to 31. 180 36 173 36 8 203 88 724 June 1 to 30. 189 35 177 28 3 188 64 684 July 1 to 30. 260 26 163 38 9 186 53 735 Total, 1093 250 1040 119 25 1132 333 3992 EXTRACT FRPOM EXHIBIT II, NO. 9, Which is " The Journal of the Eleventh Senate of the State of New Jersey, being the Seventyninth Session of the Legislature." Which extracts are the portions of said Exhibit, which the defendants, the Newark Plank Road Company, wish to read in evidence. JANUARY 31st, 1855. A message was received from the House of Assembly, by the hands of Mr. Vroom, then Clerk, and read, as follows: HoUSE OF ASSEMBLY, January 31, 1855. MR. PRESIDENT: —I am directed by the House of Assembly to inform the Senate that they have passed the following bills severally entitled: A supplement to an act entitled An Act to incorporate the Newark Plank Road and Ferry Company;" approved February twentyfourth, eighteen hundred and forty-nine. * * * * * In which the concurrence of the Senate is requested. * * * * P. D. VROOM, Clerk. FEBRUARY 15, 1855. The bill from the House of Assembly, entitled a supplement to an act entitled "An Act to incorporate the Newark Plank Road and Ferry Company," approved February twenty-fourth, eighteen hundred and forty-nine, was taken up and read a second time. [The first, second, third, and fourth sections having been considered and agreed to.] Mr. Chetwood offered a new section, to be called section five, as follows: 5. And be it enacted, That it shall not be lawful to erect the bridge mentioned in the first section of this supplement until the consent thereto in writing of " The Proprietors of the bridges over the rivers Passaic and Hackensack," under their common seal, shall be filed in the office of the Secretary of State; and that the giving of such consent shall not, except as to the said bridge so constructed, be construed, held or deemed in any manner to strengthen them or impair any rights or privileges which the said, The Proprietors of the Bridges 26 EXHIBIT H, NO. 9. over the Rivers Passaic and Hackensack, may possess, in virtue of an act for building bridges over the rivers Passaic and Hackensack, and for other purposes therein mentioned; passed November twentyfourth, seventeen hundred and ninety; and the contract and agreemnent for building said bridges entered into in pursuance of said act, being dated the seventeenth day of February, seventeen hundred and ninety-three; but the same shall be and remain of the same force and effect as if this act had not been passed. * * * * [Said section was agreed to.] Said bill having been read a second time, considered by sections and agreed to, was ordered to be engrossed and have a third reading. FEBRUARY 21, 1855. The bill from the House of Assembly entitled, A Supplement to an act entitled " An Act to incorporate the Newark Plank Road and Ferry Company," approved February twenty-fourth, eighteen hundred and forty-nine. And the amendments made thereto in the Senate was taken up and read a third time, upon the question, shall this bill from the House of Assembly as amended, pass? It was decided in the affirmative as follows: AYEs-Messrs. Alexander (Pres.), J. Bonnell, Bramhall, Chetwood, Cowperthwaite, Depeu, Franlin, Laird, Roberts, Smith, Stultz —4. NAY. — Messrs. Allen, A. V. Bonnell, Hoxsey, Martin, Rea, Robertson, Somers —8. Ordered, That the President sign said bill, the Secretary carry it to the House of Assembly, and inform them that the Senate has passed said bill from the House of Assembly, with sundry amendments, in which amendments the concurrence of the House of Assembly is requested. MARCH 1, 1855. A message was received from the House of Assembly by the hands of Mr. Vroom, then clerk, as follows: HoUSE OF ASSEMBLY, March 1, 1855. MR. PRESIDENT:-I am directed by the House of Assembly to inform the Senate that the Governor having returned to the House of Assembly, the bill entitled, A Supplement to an Act entitled, "An Act to incorporate the Newark Plank Road and Ferry Company," approved EXHIBIT H, NO. 9. 27 February twenty-fourth, eighteen hundred and forty-nine, with his objections. The House of Assembly has reconsidered the said bill, and has passed the same, aud sends the hill to the Senate, with the objections of the Governor, and requests the Senate to concur in the action of the House of Assembly. P. D. VROOM, Clerk. MARCH 15, 1855. The bill from the House of Assembly entitled, A Supplement to an act entitled " An Act to incorporate the Newark Plank Road and Ferry Company;" approved February twenty-fourth, eighteen hun. dred and forty-nine, which was returned by the Governor, with his objections to the same. Said bills, with the objections of the Governor thereto, having been read and reconsidered upon this questionShall the bill again pass? it was decided in the affirmative, as follows: AYEs.-Messrs. Alexander (Pres.), Bramhall, Chetwood, Cowperthwaite, Franklin, Howell, Laird, Martin, Smith, Stultz, Swain —1 1. NAYS.-Messrs. Alien, A. V. Bonnell, J. Bonnell, Depeu, Hoxsey, Rea, Robertson, Somers- 8. Ordered, That the Secretary return said bill to the House of Assembly, and inform them that the Senate has reconsidered said bill, and passed the same. EXTRACTS FOM EXHIIBIT II, NO. 10. Which is " minutes of votes and proceedings of the seventy-ninth General Assembly of the State of New Jersey." Which extracts are the portions of said exhibit which the defendants, "The Newark Plank Road and Ferry Company," wish to read in evidence. JANUARY, 31, 1855 The bill entitled, A supplement to an act entitled, " An act to incorporate the Newark Plank Road and Ferry Company," approved February the twenty-fourth, eighteen hundred and forty nine, was taken up and read a third time. Upon the question, shall the bill pass It was decided in the affirmative, as follows: — AYEs.-Messrs. Barret, Bolles, Brown, Cake, Conklin, Decker, T. W. Demarest, R. S. Demarest, Elmer, Gibbs, Gregory, Harris, Hines, Hoagland, Hopping, E. Howell, M. A. Howell, Hutchinson, Johnson, Keen, Lewis, Merseles, Morrell, Parry, Pennington, Perry, Pitney, Schenck, Schoonmaker, Sooy, Stelle, Stinson, Stout, Thompson, Tomlii, Tompkins,Van Deventer, Van Doran, Voorhees, Wells, Winans, Young-42. NAYS.- Gould-1. Ordered, That the Speaker sign the bill and the Clerk carry it to the Senate, and inform the Senate that the House of Assembly has passed the same, and request their concurrence. FEBRUARY. 22, 1855. The bill entitled, A supplement to an act entitled, " An act to incorporate the Newark Plank Road and Ferry Company," approved, February twenty-fourth, eighteen hundred and forty-nine, and the amendments made thereto in the Senate, was taken up upon its final passage. Upon the question, Shall this bill as amended by the Senate, pass? It was decided in the affirmative as follows: AYEs.-Messrs. Albertson, Barret, Benjamin, Board, Bolles, Decker, T. W. Demarest, [. S. Demarest, Diverty, Elmer, Gaunt, Gibbs, Gould, Gregory, Hines, Holmes, Hopping, E. Howell, M A. Howell, Hunt, Hutchinson, Jay, Johnson, Keen, Lafetra, Lewis, EXHIBIT H, NO. 10. 29 Logan, Merseles, Norcross, Osborne, Parry,Pennington, Perry, Pitten. ger, Pitney, Schenck, Schoonmaker, Smith, Sooy, Stelle, Stinson, Stout, Stratton, Thompson, Tomlin, Van Deventer, Van Doran, Wells, Beatty, White, Winans, Young-52. NAYS.-Tompkins-1. Ordered, That the Speaker sign the said bill, and the Clerk carry it to the Senate and inform the Senate, that the House of Assembly have concurred in the amendments made in the Senate to said bill, and have caused the said bill to be re-engrossed, and the amendments embodied therein, and have passed the same. FEBRUARY 28, 1855, *F * A message was received from the Governor by the hands of Mr. Rice, returning to the House of Assembly, the bill entitled, A supplement to an act entitled " An act to incorporate the Newark Plank Road and Ferry Company, approved February twenty-fourth, eighteen hundred and forty-nine. Together with his objections to the same, and an accompanying remonstrance from the Bridge Proprietors, against any infringement of their rights. MARCH 1, 1855. The bill entitled, A supplement to an act entitled' An act to incorporate the Newark Plank Road and Ferry Company," approved February twenty-fourth, eighteen hundred and forty-nine. Which was returned to the House of Assembly, with the Governor's objections in writing to the same, was taken up for reconsideration. The message was read, and upon the question, Shall this bill as returned by the Governor, with his objections thereto, pass? It was decided in the affirmative, as follows: AYES.- Messrs. Albertson, Barret, Board, Bolles, Brown, Conklin, Decker, R. S. Demarest, Elmer, Gibbs, Gregory, Harris, Hines, Hoagland, Holmes, E. Howell, M. A. Howell, Hunt, Hutchinson, Jay, Johnson, Lewis, Merseles, Parry, Pennington, Perry, Pittenger, Pitney, Schenck, Schoonmaker, Sooy, Stelle, Stinson, Stout, Thomson, Tomlin, Tompkins, Van Deventer, Van Doran, Voorhees, Wells, Winans-42. NAYs.-Messrs. T. W. Demarest, Diverty, Gould, Keen, Lafetra, Osborne, Stratton-7. 30 EXHIBIT H, NO. 10. Ordered, That the Clerk carry said bill to the Senate, and inform them that the said bill having passed both Houses, was sent to the Governor for his approval; that having been returned by the Governor to the House of Assembly with his objections thereto, in writing, theHouse of Assembly have reconsidered the said bill, and passed the same; and sends it to the Senate with the objections of the Governor, and requests the concurrence of the Senate in the action of the House of Assembly. March 20, 1855. The bill entitled, A supplement, to an act entitled, " An act to in. corporate the Newark Plank Road and Ferry Company," approved February twenty-fourth, eighteen hundred and forty-nine. Having passed both Houses, been returned by the Governor with his objections in writing, been reconsidered and passed by both Houses, notwithstanding said objections, was this day deposited with the Secretary of State, in conformity with the provisions of the act entitled, a supplement to an act entitled, " An act in relation to the office of Secretary of State and Register of the Perogative Court," approved March, eighteen hundred and fifty-one. With the following certificate endorsed thereon: HousE OF ASSEMBLY, FEBRUARY 28, 1855. This bill having been sent on the 27th inst. by the Governor to the House, with his objections, was this day reconsidered and passed by a majority of the whole members elected. WILLIAM PARRY, President of the Senate. SENATE CHAMBER, March 14, 1855. Hon. WVILLIAM PARRY, Speaker of the House of Assembly:Being sent to the Senate from the House of Assembly with the Governor's objections, on the twenty-second day of February, was reconsidered and approved by a majority of the whole members of Senators elected. WILLIAM C. ALEXANDER, President of the Senate. EXMHBITS (H.) Nos. 10 & 11. 3 EXTRACT FROM EXHIBIT I., 1o. 10. OFFERED TN EVIDENCE BY DEFEXDANTS. United States Census for 1850.-Numbler of Inhabitants in the city of Newark-: North Ward, D * 9,180 South Ward,. - - 9,958 East Ward, - -. 6,172 West Ward, - - 8,986 Fifth Ward, - 4,597 38,893 EXTRACT FROM EXHIBIT H., No. 1I. OFFERPTD IN EVIDENCE BY DFENDANTS, State Census for 1855.-lrumber of Inhabitants in the city of Newark: First Ward, 6,277 Second Ward, - 5,700 Third Ward, - -.- 4,768 Fourth Ward -. 6,636 Fifth Ward, - 9,717 Sixth Ward, -. -- 7,032 Seventh Ward,.- - 3, 80 Eighth Ward, - ^ 3,090 Ninth Ward, -4 - 4,711 51,711 32 EXHIBITS. A STL4 TE2'~ ENT of the Cpcitcat Stock of, ancd Dividends declared by the iewark Plan-k Road &c.FIrrsy Company, J-rniished at request of the Solicitor of the covplabinaints in these causes, offered acntd used as actn ExLibit in said causes. Capita] Stock paid up, December 31st, 1852, - $60,000 Increased Capital Stock paid up, Sept. 24th, 1856, 30,000 Total amount of Stock,.. $90,000 The following dividends have been paidJanuary 15th, 1853,' $3,191 25 on $63,825 April " " - - 1,964 25 65,475 July " - - 2,550 00 " 85,000 October " " - - 2,700 00 " 90000