A REPLY 
 
 TO 
 
 •«A BRIEF ANALYSIS OF A PART OF THE LAST ANNUAL REPORT 
 OF THE BOARD OF DIRECTORS AND CHIEF ENGINEER OF 
 THE SANDY AND feEAVER CANAL COMPANY." 
 PUBLISHED BY JOSHUA MALIN. 
 
 \ have recently been handed a circular, purporting to be "a brief analysis of a 
 part of the last Annual Report of the Board of Directors and Chief Engineer of the 
 Sandy and Beaver Canal Company," signed Joshua Malin, Prior to replying to 
 the numerous falsehoods and misstatements, with which this article is pregnant, it 
 is necessary that I should furnish a brief synopsis of the connexion that has exisK 
 ed between Mr. Malin, the Canal Company and myself; the cause of its dissolu* 
 tion, and a short outline of his character, from which the public will be enabled to 
 judge how little confidence is to be placed in his assertions or integrity. So far as 
 my own reputation is concerned or affected, by the malicious and slanderous at* 
 tacks of Mr . Malin , I deem a reply unnecessary and uncalled for ; but as his cir- 
 cular may find its way into the hands of persons unacquainted with the facts rela- 
 tive to the management of the affairs of the Canal Company, and operate prejudi* 
 cially to its interest, a reply may be necessary. 
 
 In the year 1828, Mr* Malin surveyed and examined the route of the Sandy and 
 Beaver Canal, under the Direction of Major Douglass, who states in his report to 
 the Canal Company, that the estimates of the cost of the work, were predicated 
 upon the measurement and surveys of Mr. Malin. As some doubts existed in rela- 
 tion to the adequacy of the supply of water on the summit, Mr. Hage and myself 
 Were employed by the Directors, in the fall of 1834, to examine the summit level 
 and report on that subject. The Directors and Stockholders generally, having en- 
 tire Confidence in the accuracy of Major Douglass' estimates, required from us no 
 other examination. Shortly after our report had been made, which was favorable 
 and satisfactory, the Directors placed a portion of the summit level near Hanover, 
 under contract. Mr. Malin was employed by them to locate and superintend its 
 Construction, and at that time determined by direction of the Directors, the level of 
 the summit, which has never since been changed * 
 
 In the spring of 1835, Eastern capitalists having embarked largely in the stock 
 of the Company, and having expressed an unwillingness that their funds should be 
 placed at the disposal* or under the control of Mr, Malin> in whom they had no 
 confidence, I was called on by the Directors to take charge of the work as their 
 Engineer, and entered upon the duties of my appointment in May. The Directors, 
 feeling anxious that the work should go on without delay, had, prior to my arrival 
 on the line, directed Mr. Malin to locate and prepare for contract, some miles on 
 the eastern and western divisions, which were let before I had an opportunity of 
 Viewing and examining them, the location of which I afterwards found it essentially 
 necessary to change, in order to prevent a useless expenditure of money, a great 
 loss of water by leakage, and my own reputation from being injured as an Engineer, 
 The most important of these alterations were on sections No- 7, 17 and 19, on the 
 eastern, and from No. 8 to 14 on the western division, (see certificates A. and B.) 
 These alterations engendered the ill will of Mr. Malin towards me. 
 
 I had been but a few days engaged on the line, and had not yet organized the 
 corps of Engineers, when Mr. Malin called on me and asked in what capacity he 
 
 • 
 
2 
 
 was to serve—- and if we should not act in like and similar situations ; he to take- 
 charge of one party, myself another P and make as it were, a partnership work of it. 
 I replied to him, no: that I should select for him a corps of Engineers, and give 
 him' the direction of a division of the line, when other duties of a more pressing 
 nature were performed. He made but little reply, bui I then distinctly perceived 
 his vanity and ambition were touched, and that 1 had rendered myself the object of 
 his animadversion. 
 
 Shortly after this, 1 requested him to examine and locate the remainder of the 
 eastern division, not then under contract, which duty he performed, but the time 
 allowed for its accomplishment being limited , the resident assistant afterwards made 
 various salutary changes in the location, which, on being approved of by me, ad- 
 ded new fuel to the flame. 
 
 I then gave him charge of the middle, and a email portion of the eastern and 
 western divisions — the work on which, being nearly all excavation and embank- 
 ment, required but little skill on the part of the assistant, beyond that of a knowl- 
 edge of plain and simple mensuration; he had been but a short period employed on 
 these divisions, till I found it necessary to speak to him repeatedly, in relation to 
 the inaccuracy of his calculations, more particularly as to the numerous errors in 
 the additions of the monthly estimates. These were circumstances, however, that 
 could be guarded againsU and I felt disposed to submit to them, knowing that Mr. 
 Malin had taken an active part when the Canal was first projected, in advocating 
 and bringing it to notice. New difficulties, however, of a more serious nature, 
 60on presented themselves — the * 1 adder became wanned into existence" — the man 
 whose errors I felt disposed to overlook, I ascertained, was giving directions to the 
 contractors relative to the manner of doing their work, entirely at variance with 
 mine to him and them, and in fact, was in the constant habit of endeavoring to 
 create a seism between myself and them, that he believed would operate eventually 
 to his advantage and my injury . 
 
 In numerous instances where I had directed work to be constructed in a specific 
 manner, he has in my absence suffered the contractors to do it otherwise — intima- 
 ted to them that I was too particular, and that a variation from my directions was a 
 matter of no importance. Various instances have occurred, of his having complain- 
 ed, without the least cause, of contractors, for refusing and neglecting to perform 
 their work as instructed , and when he could have no other object in making those 
 complaints, than to cause me to reprimand the contractors unnecessarily, and 
 thereby become the object of their dislike. In one instance he informed me that 
 Mr. Robert Stewart, one of the contractors, had positively refused to obey an order 
 which I had sent him, in relation to his work, by Mr, Malin. Knowing him to 
 be a faithful contractor, I was surprised, and immediately addressed him a note 
 on the subject; on receipt of which he called and assured me that Mr. Malik's 
 statement was false and without the least foundation whatever, and that Mr. Ma- 
 lin would not dare make the assertion in his presence. Mr. Stewart I knew to be 
 a man of veracity and integrity, and thought that a favorable opportunity to detect 
 Mr. Malin in his abberations, and appointed a time to meet Mr. Stewart, in pres- 
 sence of Mr, Malin^ tor that purpose: they met, but Mr. Malin would not renew 
 his assertion in Mr. Stewart's presence. Cases of a similar nature were of frequent 
 occurrence* though not so strongly marked. 
 
 In the spring of 1836, business of the Company required my presence in Phila- 
 delphia: on my return, Mr. Stewart, one of the contractors for the western deep 
 <cut, which was on Mr. Malin's division, complained to me that he thought his work 
 was not correctly measured. I had repeatedly, before this, cautioned Mr. Malin 
 in relation to that work, it being a heavy and important contract, and always re- 
 ceived from him the most positive assurances of the accuracy of his estimates. I 
 again, however, questioned him relative to it, told him of Mr. Stewart's doubts, and 
 
received from him an unqualified declaration, that the measurements and estimates 
 were strictly correct. Thinking that the case might not be as represented by Mr. 
 Malin, I caused another assistant to make the next monthly measurement and esti- 
 mate of this work, which brought to light the astonishing fact , that Mr. Malin had 
 allowed to the contractors, unknown to the directors or myself, about fifty thousand 
 cubic yards of excavation, which they had not done, or near eight thousand dollars 
 more than they ivere entitled to, (see certificate C.) After being detected in this 
 iniquitous transaction, he called on me to apologize for his conduct — said he had 
 made this erroneous and false estimate on hi3 own responsibility, without the knowl- 
 edge of any Director: admitted its great impropriety, and asked me to overlook it, 
 under a pledge of better behaviour in future; on this assurance, I improperly re- 
 tained him in the Company's service, under the impression that he might reform; 
 and as I now fully understood his character, I might be able to guard against his 
 delinquencies. But a short period, however, had elapsed, before another error, 
 similar to the !ast,was discovered in the measurement on section No, 11, (see cer- 
 tificate C.) This I deemed unnecessary to mention to him, and immediately took 
 steps to guard against a further repetition of such acts, by directing the sub^assist- 
 ant to make the measurements. One piece of work, I still left under his sole di- 
 rection; I allude to the tunnel, and even there he returned a false estimate to the 
 amount of about 2400, At this period which was in the fall of 1836, I learned 
 from respectable sources, that he was propagating statements that I was in the 
 habit of altering and reducing the estimates of work done by the contractors, after 
 they had been returned to me by the assistant Engineers, Feeling "that forbear- 
 ance was no longer a virtue," and though individually I might overlook his inju- 
 ries, I was not authorized todo so officially, I concluded to dismisshim,and inform- 
 ed him by letter that his services were no longer required. Some days after this, 
 he called to know the cause of his dismissal, and stated that if there were any ac- 
 cusations against him, he wished to be confronted with his accuser. I conceived 
 his request, after such glaring impropriety of conduct on his part, preposterous, and 
 snade but little reply. He then sent a committee, composed of Messrs. Begges, 
 Green and Hanna, for the purpose of ascertaining whether I would not reinstate 
 him, (see certificate marked D which I positively^efused.^Here ended our con- 
 nexion. 
 
 Having given a brief outline of Mr. Malin's conduct while in the employ 
 of the Company, it now remains for me to refute some of the most impor- 
 tant assertions contained in his brief analysis. He says "he does not see 
 why the Report of Major Douglass should be brought into notice by the 
 Directors in their late Annual Report," when alluding to the increased cost 
 of the work, "because they have had several annual reports from their pre- 
 sent Chief Engineer, and one special report on the 11th Nov. 1835. 
 
 Now I can readily explain why Major Douglass' report was alluded to, 
 and perhaps had the allusion been made in less modest terms, an explana- 
 tion would not now be requisite. I have before stated, that Major Doug- 
 lass made a Report and estamates of the probable cost of the Canal— or 
 rather , that Mr. Malin, under his direction, made the field notes and calcu- 
 lations, as Major Douglass spent but a very short period on the line, and 
 that he based his report and estimates on those notes and calculation of 
 Mr. Malin. This was the only estimate of the probable cost of the wor.. 
 Directors had received from any Engineer till December last, when I made a 
 minute and careful estimate of the amount required to complete the work, 
 and then the startling fact was divulged, that the amount estimated by 4 
 Major Douglass as sufficient to complete the work, would not much more 
 
4 
 
 than defray one half the cost. On Major Douglass' estimate, prior to the 
 completion of the estimate above alluded to, the directors and myself had 
 predicated our views as to the cost of the work, and on that account his es- 
 timate and report were alluded to. 
 
 Mr. Malin lays much stress upon my report of November 11, 1835, and 
 evidently endeavors, by misquotation, to construe it into an estimate of the 
 cost of the work. He slates that " on the 11th Nov. 1835, previous to an 
 application for a loan, the Chief Engineer made a report to the Directors in 
 which he states that during the past summer the line has been carefully 
 traced with a view to its final location, and it was ascertained the cost of 
 the Locks would not exceed $700 per foot lift, the cost of the Dams in the 
 average $28 per foot linear across the stream, and the line generally from 
 3000 to $5000 per mile." Now by reference to that report, it will be seen 
 that his quotation is incorrect, and intended to mislead, but the artifice is 
 as shallow as the design is base. The report states the work placed under 
 contract \s. in most instanes, in the hands of responsible and efficient men, 
 and has been taken on terms exceedingly favorable to the company. The 
 cost of the Locks, which are built in the most durable manner>of cut sand 
 stone, will not exceed $700 per foot lift. The cost of the dams, which are 
 in most instances 14 feet high, will average about $28 per foot linear across 
 the stream, and the canal generally from $3000 to $5000 per mile," having 
 allusion alone to the work then under contract or completed, which consti- 
 tuted but a small portion of the entire line— the remainder of the work 
 •which has since been placed under contract , could not be disposed of to re- 
 sponsible contractors, without an advance of about 50 per cent on those pri* 
 ces. 
 
 Mr, Malin, in his statement relative to the tunnel contract, insinuates that 
 favoritism was shown by me towards one of the contractors, but contradicts 
 himself in nearly the same sentence, by attemping to exhibit injustice on my 
 part, in declaring the work abandoned. In reply to his insinuation of fa- 
 voritism, I defy him or any other person to substantiate the charge. As to 
 my official transactions with, or treatment of, contractors, I have in all ca- 
 ses endeavored to cause them to comply with the true intent and meaning 
 of their contracts. If they obligated themselves to perform impossibilities, 
 there was no discretionary power vested in me to absolve them, and to as- 
 sume such responsibility, I conceive, would be trifling with the trust com* 
 mitted to my charge. But other matters are connected with the tunnel, 
 which Mr. Malin has not thought proper to disclose, end which have no 
 doubt led him to make some of the reports and complaints relative to the 
 contractors which he alludes to. Mr. Malin was exceedingly anxious to 
 have that work constructed without the aid of a contractor—or in other 
 words, that the canal company should have it done by their own superin* 
 tendantsand laborers, and that he should have the direction and charge of 
 it — and during my absence in the winter of 1835, he contrived to have a 
 force of that description placed on the work, under direction of a superin- 
 tendent, On my return I discovered that the work was costing the Com-* 
 pany double its real value, and at my instance it was let to the persons he 
 alludes to* at fair and reasonable prices: it is but justice to them to state, 
 they came well recommended from sources entitled to credit. 
 
 His statement in relation to the Cold Run Reservoir mound, is but of lit* 
 
s 
 
 tie importance; it is, however, erroneous. The cause of that work costing 
 less than the estimate made by Mr. Hage and myself, is not consequent on 
 an alteration of the location, as he asserts, as the quantity of embankment 
 is about the same in either location, but it was occasioned by the embank* 
 ment being contracted for at a less sum per cubic yard, and by a change ia 
 the general plan of the work, with which he had nothing to do. Had the 
 mound been constructed as at first located the result would have been the 
 same. 
 
 Alluding to the West Fork reservior mound, he says — <4 No alteration has 
 ever been made in it since I first staked it out for contract." Nor do I, in 
 my report, as he attempts to show, say that any alteration was made in it 
 since he first staked it out; but I do say that it is 8 1-2 feet higher than ori* 
 ginally planned and determined on by Mr. Hage and myself, and I defy Mr. 
 Malin, not to assert, but to prove, to the contrary* What further evidence 
 is requisite to substantiate this assertion, than the fact of its containing more 
 than double the quantity of water the reservoir we planned would have 
 contained. 
 
 Mr.Mrilin asserts that the present level of the summit is but one foot and 
 forty hundredths higher than the level run by Mr. Hage and myself, and 
 then attempts to prove that my statement, that the present level of the sum* 
 mit is 4 1-2 feet higher than the level run by Mr. Hage and myself, is not 
 correct. He, however, commits himself, as will be observed by examina- 
 tion. He states that our level was intended to have 7 feet depth of water; 
 that he raised the top water line 1 foot and 40 hundredths higher than ours; 
 this added to the 7 feet, originally intended, makes 8,40: he then says that 
 the present level is to have but 4 feet depth of water. Now if we deduct 
 4 from 8.40, we have a diflerence of 4.40, or very nearly 4 1*2 feet. Id 
 his testimony, given at Hanover, when he was questioned on this subject, 
 he replied, " that the present level, as finally fixed, is 4 feel and 40 hund* 
 redihs higher than the level run by Gill and Hage" (See certificate E.) — 
 This fully verifies the language of Scripture — "out of their own mouths 
 shall ye condemn them." Mr. Malin in this paragraph remarks, that I take 
 to myself the credit of raising the summit level and saving over one hund* 
 red thousand dollars* This is incorrect. By reference to my report, it 
 will be observed that I state, "as the level of the summit was raised 4 1*5} 
 feet higher than the level adopted by Mr. Hage and myself, in 1834" — not 
 that / had raised it. Now the facts relative to this matter are— though I 
 do not deem them of much consequence — that the level of the summit waa 
 raised this 4 feet and 40 hundredths , by order of the Board of Directors , at 
 the suggestion of Mr. Morledge, an assistant Engineer, and they are enti- 
 tled to the credit, and on them rests the responsibily, not Mr. Malin. 
 
 Mr. Malin's abusive attack upon the President, Directors and Secretary 
 of the Company, I deem unworthy of notice; they are all known in the 
 community in which they reside as men of truth and integrity, and if thejr 
 have been, at any time, duped relative to the work, it would not be difficult 
 to identify in him, the deceiver. He states that in consequence of his ob- 
 jecting to the directors, to the expenditure of large sums of money, in cre- 
 ating reservoirs, &c. he was deprived of the necessary assistance, and 
 treated in an ungentlemanly and insulting manner. That he ever made the 
 objections alluded to I have good reason to doubt—the other statements t 
 
know to be erroneous. He had at all times a full compliment of assistants 
 to perform the duties required of him, (See certificate C.) Had he been 
 "treated in an ungentlemanly and insulting manner," why did he continue 
 and suffer himself to be the object of such treatment? and why did he, after 
 his dismissal, (See certificate D.) send a committee, requesting to be rein- 
 stated in a situation, where he, according to his own statement, could anti- 
 cipate no better treatment than he had before received? What honorable 
 man, what man of ordinary feelings, would have done so? But the facts are 
 not as he alledges. He asserts that the level of the summit as determined 
 on by Major Douglass, was higher, with 7 feet depth of water, than 
 the bottom of the present level, and attempts to prove this assertion 
 by the certificate of Mr. Williard , who is of opinion, that it is as Mr, Malin 
 asserts, from the fact that he understood the western end of the summit 
 level to terminate half a mile easterly of its present termination. By an 
 examination of certificates F and G, it will be seen that Mr. Williard poin- 
 ted out, in 1833, to the Philadelphia delegation and others, the western 
 termination of the summit level , as determined by Douglass and Malin, 
 and that the point exhibited by him, does not vary more than eight rods 
 from its present termination. But had the lock been located as Mr. W illiard 
 represents,one half mile east of its present locotion, it does not follow that the 
 level should have been higher on that account than it now is: the level may 
 have terminated there for the purpose of avoiding the embankment now 
 made between the two points. What its height was I cannot determine by 
 any other data than his own statements, and if they are at all to be relied on, 
 the present level is at least 4 1*2 feet higher than that of Major Douglass. 
 In Douglass' report, page 19, he says that "the extreme height of the ridge 
 above the line of the tunnel, is 120 feet" by his level — by the present it is 
 112 feet. 
 
 In the fail of 1834, when Mr, Hage and myself examined the summit, 
 prior to our making any levels or surveys, Mr. Malin, who was deputed by 
 the directors to point out to us the route and exhibit Douglass' plans, took 
 us to what are termed the Beaver dam meadows, on the land of Judge Bow* 
 man; "here," said he, pointing to the ground on which we then stood, 
 "we," meaning Douglass and himself, "commenced our level for the sum- 
 mit, the surface of this ground we called 8 feet above canal bottom, and 1 
 foot above top water line, the canal being intended to have 7 feet depth of 
 water, and the surface of the water to be one foot below the meadow, for 
 the purpose of preventing it from sustaining injury by floods." (See certi- 
 ficates H and I). The cutting at that point now, will not exceed 3 feet, 
 making tne present level about five feet higher than theirs. 
 
 Mr. Maim states that Judge Bowman, whose certificate ia relation to the above 
 conversation, is herewith given (marked I,) is under a mistake, having understood 
 our level to be as above described, not Douglass'. That this cannot i>e as he [Malin] 
 asserts, is evident from the fact, that we [Hage and myself] had made no level at 
 that time. A9 our instructions led us to examine the plan and level of the summit, 
 as fixed by Major Douglass, we assumed the point shown us by Mr. Malin, as 8 feet 
 above bottom, and traced our line over the summit, on nearly the same ground that 
 Douglass had his, as pointed out by Mr. Malin* When we arrived at Hanover, a 
 difference of about 12 feet was discovered, between Major Douglass' level and ours, 
 as indicated by a bench mark near the town, or in other words, we made the bench 
 nearly 23 feet above canal bottom, and found it marked but 11 feet and some nun- 
 
1 
 
 dredths. I immediately, on discovering the difference, asked Mr. Malin where he 
 thought the error lay, if the mistake was ours or his: he said he was satisfied that 
 our level was correct, that it corresponded with his, but he presumed the boys, for 
 mischief, had defaced and altered the true cutting originally marked on the bench 
 by himt With this reply I did not feel satisfied, and stated the matter to some of 
 the Directors: Mr. Putter, one of them, mentioned it to Mr. Malin, who replied 
 that the result of our level and his were the same, and that he had marked the 
 bench himself, intentionally less than the cutting really was, for the purpose of de- 
 ceiving the people of Hanover, [see certificate K ] as he believed, had they been a- 
 ware of the depth ot the cutting there, they would not have interested themselves 
 about the canal . In this instance, after detection, he acknowledged lhat deception 
 of the most flagrant kind was practised by bin). Now let me ask, what credence 
 should be given to the statements of a man that would resort to conduct of so de- 
 grading a nature? And is it reasonable to presume, that the man who would be 
 guilty of such conduct, would not hesitate to dupo the Directors as to the true cos* 
 of the work. 
 
 Mr. Malin insinuates that my assertion, that but little injury has, thus far, been' 
 sustained on the line from floods [except the western deep cut,] is not correct, and 
 attempts to magnify the injury into a large amount By reference to the certifi- 
 cates of the assistant engineers, marked L. M. &N., it will be observed that the 
 sum total, excepting the western deep cut, will not exceed $2460. He endeavors 
 also to induce a belief, that large amounts have been uselessly expended, in chang- 
 es and alterations in the location. How far he is supported by (acts, in his charge, 
 will be seen by examining the statements of the assistant Engineers, marked B. O. 
 and L., which furnish $5518,90 as the whole amount expended in consequence of al- 
 terations f a large part of which was required, in order to correct his own unskilful 
 locations, made prior to my arrival on the line; $2000 of the entire expenditures 
 was made by a resolution of the Board, to move dam No, 1, on the eastern division, 
 from off the land of D. Harbaugh, on to the land of the Canal Company, for the 
 purpose of securing the water power — and $1403 of the amount, was in consequence 
 .of an excitement, created amongst the inhabitants of Gillford and vicinity, relative 
 \o the erection of a dam across the West Fork, below them, which, they feared, would 
 render the neighborhood sickly, and injure their town. In order to remove their 
 fears, and allay the excitement, the Board determined on changing the plan. Mr, 
 Malin was at the time in the employ of the company, and, I have good reason to 
 believe, was instrumental in creating the excitement; the plan objected to by the 
 people of Gillford and vicinity, was one that would have saved the Canal Compa^ 
 ny an expenditure of at least $15,000, but it was a deviation from his original de- 
 sign, and he feared it would interfere with Ms private interests, by slightly injuring 
 a lot he had purchased a short time before for gl20. These were matters in his 
 view, paramount to the interests of the company, for whose success he now pre-? 
 tends to feel so desirous. 
 
 He occupies much space in his remarks relative to turning the waters of 
 Brown's and Ehrhart's Runs into the canal below Hanover, by means of a 
 ditch as proposed and described in my report. As I have in that report 
 fully explained the plan, stated the cost, &c . it is not necessary to repeat it 
 again, but notice some of his erroneous assertions relative to it. He states 
 "that any competent Engineer must know ihat a ditch 10 feet in width at 
 the bottom to discharge 4000 feet of water per minute, must he of such a 
 descent as would give to the water passing down, a velocity that would 
 tear away the bottom and sides." The first inquiry to be made relative to 
 this matter is, what descent is required? By an examination of the 
 formulas laid down by Eytelwin, and tested by Bidone of Turin, and which 
 I believe is generally adopted by all competent Engineers, it will be seen that 
 
8 
 
 it will he seen that a ditch of the above description, in order to discharge 
 4000 cubic feet of water per minute, the water to be 3 feet in depth, will 
 require less than 1 foot fall per mile— -the velocity would be nearly 18 1*2 
 inches per second. Now I presume any person of common understanding, 
 tan perceive, without the aid or information of an Engineer, that a fall of 
 one foot in a mile is not likely to produce any of the results Mr. Malin al* 
 ludes to. The fall in the Ohio River, from Beavertown to Wellsville, is 
 about one foot per mile, and its bottom and sides are not torn away. The 
 fall in the middle fork of Little Beaver is about 12 feet per mile, but we find 
 the stream still retains a bottom and sides, and that they have sustained but 
 little injury. The fall in Sandy Creek is 7 1-4 feet per mile, and its banks 
 in the highest floods, are but slightly injured. The fall in the Still Fork of 
 Sandy Creek, which stream is well known to most of the western stockhol- 
 ders, is 2 feet pe'r mile, and the stream is exceedingly sluggish in its 
 current. Then how preposterous and ridiculous in him to make such a 
 Statement? Can he believe that "reflecting men" are to be duped by such 
 false and irrational assertions? 
 
 Mr. Malin also states, that by making the ditch , the company will be sub* 
 jected to the payrrient of ten or fifteen thousand dollars damages, for injury 
 done to town lots. This is even more extravagant than his assertion relative 
 to the velocity of the water in the ditch* It is generally known, 1 believe* 
 that it is not intended to construct an entirely new ditch, but to enlarge the 
 present head race, which is about six feet wide. Now is it probable that the 
 addition of 4 feet to the width of the head race, (no buildings being at all 
 interfered with) Will cause any serious injury to the to%6n-lots1 
 
 He states that the present proprietors of the Hanover mill, knew, when 
 they purchased that property, that the eastern streams would be cut off.— «* 
 They w*e re aware of no such thing, they had frequent assurances to the 
 contrary, and Mr. Malin himself made an assertion of that description, to a 
 former owner of that property, (see certificate E.) 
 
 He attempts to induce a belief, that the mill and water are of but little 
 *tflue, And states that a former owner offered to sell the water for $150, and 
 could ^ot obtain it. The value of the mill and the town lots, does not appear 
 to be estimated by the same scale, ** but all is yellow to the jaundiced eye.'* 
 Mr. William Rhodes testified on his examination relative to the value of the 
 •mill, in August last,, that it was worth $2000 
 
 Mr. Malin states that I altered the dimensions of the Canal and lifts of 
 ?the locks, substituted reservoirs instead of a steam engine to supply the 
 summit, aod intimates that the increased cost of the work, is to be attributed 
 rio those changes. Now the facts are, that the Canal has been diminished 
 $wo feet in width [in deep cutting.] The locks have been diminished in 
 number, and there are now 9 locks less on the line than proposed by Dou- 
 glass. That the cost of the work has not been increased by substituting re- 
 Iservoks for an engine feeder, is evident fromthe following statement of the 
 .cost of each. 
 
 Douglass in bis report estimates the engine feeder at $31,000 
 ^and Davis' Branch feeder at about 18,000 
 
 Total, $49,000 
 The West Fork Reservoir, mound, &c. will cost $41,000, 
 ^The ColdBun ReserTOir, mound, &c. $9,000, making in all $50,000— 
 
or $1000 more than the engine feeder, which would require for repairs, 
 &e, a large sum annua[ly 8 
 
 Mr. Malin expresses surprise that the Eastern division of the line should 
 cost more than double his or Douglass' estimate, and endeavors to attri- 
 bute it to "alterations and changes in the plans of different parts of the 
 work." What those alterations and changes were, and that they amounted 
 to but $2818. 90, will beseen^v reference to certificate marked L, which 
 also proves clearly that the work was judiciously located, and has been 
 economically and permanently constructed. Then the question presents 
 itself, to what cause is this great discrepancy between the actual and esti* 
 mated cost of the work to be attributed? My reply is that fifty percent 
 of the enhanced cost was caused by the rise in the price of provisions and 
 labor, the remainder is chargeable to ignorance or intentional deception on 
 the part of the Engineer who made the estimate. That 1 am correct in this 
 assertion, will be seen by reference to Douglass' estimate of the cost of the 
 line from the mouth of Little Beaver Creek to the Beaver River, which is 
 about $70,000, including the lockage, or five thousand dollars per mile, 
 and which cannot be constructed, under the most favorable circumstances, 
 for less than nearly four times that sum. Mile number 8, in Douglass' estN 
 mate of the cost of the Middle division is termed "deep cutting, part rock," 
 and estimated at $39,351. This mile of deep cutting, part rock, is at the 
 apex or comb 76 feet above canal bottom; and in order to save the great 
 expense of such a cut, I deemed it advisable to make a tunnel one quarter 
 of a mile in length. The tunnel and cuts at each end embraced by mile 8, 
 cannot be completed at a less cost than $100 v 000. Had a deep cut as pro* 
 posed by Douglass been adopted, the excavation on the present level would 
 have amounted to 480,000 cubic yards, part rock, and a large portion slate, 
 the removal of which would have cost at least $144,000, or three and one 
 half times the amount estimated. Is it then a matter of surprise, that the 
 Eastern division from New Lisbon to the Ohio River, should cost more than 
 double Major Douglass' estimate? or is it to be wondered at that the sum- 
 mit, after an alteration diminishing its cost upwards of one hundred thou* 
 sand dollars, should still cost three hundred thousand dollars more than the 
 estimate? and is not the inference irresistible, that the sophism which led to 
 the marking of the incorrect cutting at Hanover, has also been resorted to 
 in forming this illusive estimate? 
 
 Mr. Malin insinuates that an investigation of the affairs of Ihe Gompany 
 was refused the Stockholders. Now the facts are, that the Directors and 
 Officers of the Company courted investigation, and a resolution to that effect 
 was transmitted to the Eastern Stockholders, By the Board, early last win* 
 ter, in accordance with which an agent was appointed by them for that 
 purpose, who examined the line and the books and documents of the com- 
 pany minutely, last June, and made a favorable report in relation to the 
 various matters submitted for his inquiry. This gentleman had the advan- 
 tage of having placed in his possession, nine pages of Mr. Malin's charges 
 and complaints. 
 
 I have now replied to the most important parts of Mr. Malin's charges 
 and statements, and have confined myself, in refuting them, to facts which 
 can at any moment be corroborated. In performing this duty, 1 have en- 
 deavored to divest myself of all private pique or feeling, and have < 4 laid 
 
down nought in malice." If I have exhibited Mr, Malin's portraiture in a 
 disagreeable light, the likeness is, nevertheless, correct: a refutation: of his 
 attack upon me, required that the curtain should be raised. 
 
 E.H.GILL. 
 
 Jfm Lisbon , Sep. 28, 1837. 
 
CERTIFICATES. 
 
 CERTIFICATE A. 
 
 This is to certify that several miles of the Sandy and Beaver Canal, east of New 
 Lisbon, were located by Joshua Malin prior to E. H. Gill's taking charge of th© 
 line, that by Mr. Malin's location, sections 17 and 19 were Canal sections, and 
 that Mr. Gill changed and made them slack water sections, thereby avoiding heavy 
 rock excavation and an insecure and heavy embankment in the creek. I am fully 
 of opinion that Mr, Malin's location of section 17 would have caused it to cost twice* 
 as much as it has cost as located by Mr. Gill, and that the work as located on sec- 
 tion 19 by Mr. Gill, has reduced the cost of that section two-thirds. 
 
 Sept. 26th, 1837, JOHN EATON, Canal Contractor, 
 
 CERTIFICATE B. 
 
 This is to certify that the amount of money expended on the Western division of 
 the Sandy and Beaver Canal, in consequence of changes made in the location or 
 plan, would not exceed nine hundred dollars, seven hundred of which were expend 
 ded on a portion of the line East of Minerva, and which had been located by Mr. 
 Malin prior to E. H. Gill's taking charge of the work, and which location was aN 
 tered afterwards by Mr. Gill. 
 
 Sept. 27th, 1837. ROGER MORLEDGE, Engineer. 
 
 CERTIFICATE C, 
 
 This is to certify that in the month of July 1836, 1 measured the work done by 
 Messrs, Stewart & Mears on the Western deep eut of the Sandy and Beaver Canal, 
 and discovered that said work had been over-estimated, or over-measured by Joshua 
 Malin, Assistant Engineer, the month previous, to the amount of about fifty thou- 
 sand cubic yards or about eight thousand dollars, which money had been paid to 
 said Stewart & Mears in consequence of said Malin's over-estimate: and I further 
 certify, that on discovering said error or over-estimate in the measurement, I stated 
 the case to Mr. Malin, Assistant Er>gineer > who said he was aware of it, and had 
 made said^erroneous estimate intentionally. I further certify that at another period 
 I measured an embankment made by Wm. McKenzie, which had been previously 
 measured under the direction of said Malin, and I discovered that said embank- 
 ment had been over estimated or over-measured by said Malin to the amount of a- 
 bout five thousand cubic yards, and the contractor paid in consequence thereof, for 
 said 5000 cubic yards which he had not done. I further certify that I have been 
 employed on the line of the Sandy and Beavor Canal nearly three years, that dur- 
 ing that period said Mr. Malin has had at all times a sufficiency of competent as* 
 sistants in his party to make the various measurements and perform the various du- 
 ties required of him as Assistant Engineer. 
 
 Sept 26th, 1837. LOT DIXSON, Engineer. 
 
 CERTIFICATE D. 
 
 New Lisbon, September 26th, 1837, 
 Dear Sir— You have requested me to state the conversation which took place 
 between Mr. Joshua Malin and myself on the evening myself and others waited on 
 you at his request. 
 
12 
 
 Mr. Malin and myself were conversing on the subject of his being dismissed by 
 you, as an Engineer in the employ of the Directors of the Sandy and Beaver Canal 
 Company; He expressed himself as feeling much agrieved at the course pursued 
 towards him. A suggestion was made whether he would consent to take his 
 former station, if you would take him under your employ again , he replied he would, 
 and thought ifsome of his friends would see you, a reconciliation might take place. 
 
 J consented to be one, and Mr. Holland Green and Joshua Hanna were named 
 as others. Mr, Malin brought Mr. Green to my store, and we walked over to Mr* 
 Banna's store; not finding him in, his brother Dr. Leonard Hanna consented to 
 accompany us; we found you in your office and mentioned the subject, you decjin- 
 ed at once having him under your employ again. So far as I recollect this is the 
 gabstance of the transaction. Very respectfully, your ob't servant, 
 
 , DAVID BEGGES. 
 
 E. H. Gill, Esq., Chief Engineer of the Sandy and Beaver Canal. 
 
 As one of the persons named in the above communication as having called upon 
 E. H. Gill, Esq. for the purpose of procuring a reconciliation between Joshua Ma* 
 lin and said Gill, concur in the above statements as far as they came under my 
 observation, LEONARD HANNA. 
 
 CERTIFICATE E. 
 
 New Lisbon, Oct. 2d, 1837. 
 Dear Sir — In answer to your note of the 28th ult. requesting me to state in wri- 
 ting a conversation between Joshua Malin and myself respecting the waters of the 
 Hanover mill, I state that on the day of the first election of Directors ol the Sandy 
 and Beaver Canal Company at Hanover in July 1834, Mr. Malin and myself took 
 a walk to a tree near the South end of the town and near the line of Canal, on 
 which tree there was a "bench mark." Mr. Malin there explained to me the depth 
 of the cutting of the Canal at that place. What he represented the 
 depth to be I do not now recollect. I enquired particularly of Mr. Malin il the wa- 
 ter of the thill which then came from Brown's and Eherhart's runs would not be 
 cut off by the Canal; he answered me it would not. The reason why i so well re- 
 collect this answer is this; I had some time before that sold the mill on a credit* 
 and had not at the time of the conversation received any pay, and was apprehen- 
 sive that if the water from those runs were to be cut off, the purchaser would never 
 pay me. After Mr. Malin gave me that assurance, I remained perfectly satisfied, 
 I have since received the consideration money in full and have no interest in the 
 matter. 
 
 On referring to the deposition of Mr. Malin, taken before 'Squire Craig, and 
 written down by myself at the time of taking, I find he staled in reference to the 
 deep cut at Hanover; "the present level as finally fixed is four feet and forty hun- 
 dredths higher than the level run by Gill and Hage." Respectfull} , 
 
 FISHER A. BLOCKSOM. 
 
 E. H. Gill, Esa. 
 
 CERTIFICATE F. 
 
 This is to certify that in the Fall of 1833, when the Philadelphia delegation re- 
 viewed ihs line of the Sandy and Beaver Canal,. J. G. Williard, who had been em- 
 ployed as an assistant or surveyor in locating the line under Major Douglass, 
 took a portion of said delegation and others to a point near the road below Benjamin 
 Pettifs h iuse and informed them that said point was the Western termination of the 
 
13 
 
 summit level of said Canal, and I further certify, that to the best of my knowledge 
 and belief from information obtained from various individuals conversant with the 
 matter, the present Western termination of the summit level is not more than eight 
 rods distant from the said point. LEONARD HANNA. 
 
 New Lisbon , Sept, 25th , 1837. 
 
 CERTIFICATE G. 
 
 I hereby certify that in the Fall of 1833, when the Philadelphia Delegation re- 
 viewed the line of the Sandy and Beaver Canal, J, G. Williard who had been em- 
 ployed as an assistant or surveyor in locating said canal under Major Douglass, 
 took a portion of said delegation and others to a point near the road West of Benja-* 
 min Pettit's house, and informed them that said point was the Western termination 
 of the summit level of said canal: and I further certify that said point is the point 
 Leonard Hanna alludes to in his certificate, and that said point is not more than 
 eight rods distant in a northerly direction from the Western end of the summit level 
 as now located. CHARLES D. HOSTE ITER. 
 
 CERTIFICATE H. 
 
 I hereby certify that in 1834, when Joshua Malin took E. H. Gill and II. Hag© 
 on to the summit of the Sandy and Beaver canal for the purpose of pointing out 
 the line of said canal and giving them the requisite information as to bench marks, 
 cutting, &c, he stopped with them on the Beaver dam medows between my house 
 and Cold Run on what I believed to be the lowest ground on my land where said 
 canal is located, and then and there said that the place where he stopped or stood 
 was one foot above top water line in said canal as located bv him and Douglass, as 
 understood, or in other words, that the surface of the ground was one foot above 
 top water line, and as the Canal was to have 7 feet in depth of water in it, said 
 ground was 8 feet above canal bottom. I took particular notice of his statement, 
 and cannot be deceived, as I was deeply interested in the matter, and wished the 
 top water line kept below the surface of my meadows. As the canal is now located 
 by said E. H. Gill at that place, the top water line I believe to be three feet above 
 the surface of the ground. JOHN J. BOWMAN 
 
 April 9th, 1837. 
 
 CERTIFICATE I. 
 
 I hereby certify that in September, 1834, when Messrs, Gill & Hage were aboul 
 to commence the survey and examination of the summit of the Sandy and Beaver 
 canal, the Engineer corps not being full, I assisted as rodman in running the line. 
 When they were about to commence, Joshua Malin, who had been employed as an 
 Engineer in running the line under Maj. Douglass, look them to the "Beaver dam" 
 meadows, on Judge Bowman's place, and there pointed out the spot where we stood 
 as being in their line, which he stated was one foot above the top water line of the 
 canal, which was seven feet in depth. The commencement was then made accor- 
 ding to this data, and thesurvey continued eastward, in the progress of which we met 
 some bench marks of the former line, which coincided with the level then running 
 to a fraction. 
 
 The cutting on the line as no\* located at the same point is about three feet, 
 consequently the bottom of the present canal, which is four feet in depth, is about 
 five higher than the bottom of Malin and Douglass' line. 
 
 New Lisbon, Oct. 3d, 1837. CHARLES D. HOSTETTER. 
 
14 
 
 CERTIFICATE J. 
 
 Extract of a letter from Mr. Hage* 
 
 Chambersburg, Pa. July 28, 1837. 
 
 Dear Sir — Your favor of the 21st inst. has been received, requesting me 
 to state what I recollect in respect to the location of the summit level of the 
 Sandy and Beaver Canal, when we in conjunction examined during the fall 
 of 1834 the supply of water it could command. 
 
 From the notes in my possession I see that we beejan our examination the 
 13th September of that year, in the "Beaver Dam Meadows" on Judge Bow* 
 man's farm, and extended our levels East and West, so that the bottom of 
 the summit and level of Ike canal would he eight feet below the surf ace of the 
 ground, at that point, 
 
 If this location was afterwards established by you, there can be no doubt 
 that you adopted the route pointed out to us by Mr. Malin, the former as* 
 sistant of Major Douglass,, as his location. 
 
 CERTIFICATE K. 
 
 In the year 1834, while E. H. Gill and H. Hage were engaged in exam* 
 ining the summit of the Sandy and Beaver Canal, Mr. Gill informed me (as 
 a Director of the canal company) that he had by his levels made an old 
 bench mark on an Elm tree at Hanover nearly 23 feet above the bottom 
 of the summit level as given him by Mr. Malin; that said bench was marked 
 11 and some parts of a foot (as appeared by the levels of Major Douglass) 
 above canal bottom; he stated that on perceiving this very great difference 
 in his level and that of Douglass' as exhibited by the above named bench 
 mark, he asked Mr. Joshua Malin if there could be any mistake in his, Gill's 
 level, (Mr. Malin was Douglass' assistant); Mr. Malin he said replied No, 
 that he had made the bench the same, or nearly so, and that he thought the 
 boys must have changed the mark or figures on it for mischief* Mr. Gill 
 not being satisfied with Malin's reply mentioned the matter to me, and I be-* 
 ing interested as a Director, requested from Mr. Malin a more satisfactory 
 explanation. Mr. Malin expressly informed me that Mr. Gill's level was 
 correct; that his and Malin's levels agreed at the Elm bench above named, 
 but that he, Malin, had designedly and intentionally, marked the bench 
 less than it should have been marked, for the purpose of deceiving the peo- 
 ple of Hanover, because had they been aware of the real cutting there they 
 would not have taken the same interest in the work that they did — he also 
 stated that although the bench was marked, erroneoustly, as above stated, 
 that every cubic yard was calculated in the estimate, that would be in the 
 canal by Mr. Gill's level, which made said bench about 23 feet above canal 
 bottom. 
 
 New Lisbon, May 11, 1837. ELDERKIN POTTER. 
 
 CERTIFICATE L. 
 
 I certify that the entire amount of damages that was sustained on the Eas- 
 tern Division of the Sandy and Beaver Canal, from the floods of the last 
 winter and spring is $1874. 
 
I have been in Ihe Engineer department of the said canal since the 15th 
 of September, 1835, during all of which time, I have been engaged on the 
 Eastern Division, and am acquainted with all alterations that have been 
 made in the location of the line, or in the construction of the work on said 
 division, all of which, that have in any manner increased the expenditure 
 or cost of the work, arc comprised in the following, viz: — An alteration in 
 the height of the abutments of the bridge across Lock No. 30, on the Wells* 
 ville road, which cost about $20 — the removal of the towing path bank on 
 parts of sections No, 38 and 39, for which the contractors were paid $330 
 90 cents, and the removal of the line from the south to the north side of the 
 creek on section No, 56, at a time when no work had been done on said 
 section, except the partial grubbing of 34 chains in length, and for which 
 the contractor received $68 — making the total cost of alterations equal 
 $418.90. A change was also made in the location of dam No. 1, which 1 
 cost about $2000. This last alteration was made in pursuance of a reso* 
 tion of the Board of Directors, in order to obviate the necessity of an in~ 
 terference with the mill privileges of Mr, Harbaugh. 
 
 It is decidedly my opinion, that in regard to economy, safety and perma- 
 nency of the work, the locations on the Eastern Division, have been judU 
 ciously made, and that the mode of construction is as good as any other 
 that could have been adopted. 
 
 New Lisbon, Sept. 27,1837. J. BRADLEY. 
 
 CERTIFICATE M. 
 
 I hereby certify, that I have carefully examined the Western Division of 
 the Sandy and Beaver Canal with regard to the damages done by the 
 floods, &c. and find the aggregate amount of gravel and sand washed* 
 from the upper levels to the lower levels to be 1120 cubic yards, which can 
 be taken out at 30 cents per yard, making $336 
 Repairing bank, 120 
 Damage to waste weir at Minerva, 1 30 
 
 Total, $586 
 The above damages were chiefly owing to the works being abandoned r 
 with the exception of the waste weir at Minerva. 
 
 ROGER MORLEDGE, 
 Waynesburg, Sept. 30, 1837. Assistant Engineer. 
 
 CERTIFICATE N. 
 
 This is to certify that the whole amount of damages sustained on the Mid- 
 dle division of the Sandy and Beaver Canal, by floods, is confined to the 
 western deep cut alone s 
 
 LOT DIXSON, 
 
 October 3d, 1837. Assistant Engineer. 
 
 CERTIFICATE O. 
 
 This is to certifiy that I have a thorough knowledge of all the changes 
 made in the location of the middle division of the Sandy and Beaver Canal 
 
by direction of E. H* Gill, Chief Engineer, and that they could not in a 
 have caused an expenditure exceeding two thousand two hundered dollars: 
 one of those alterations causing an expenditure of seven hundred and ninety* 
 ty seven dollars was west of Hanover, the line had been locatedand 
 constructed nearly, before Mr. Gill took charge of the work by and under 
 the direction of Joshua Malin and was unnecessarily crooked; Mr, Gill had 
 a portion of the crooks and curves straightened, which causedtbe last named 
 expenditure: The remaining fourteen hundred and three dollars were ex- 
 pended in some changes made in the plan of the line alongthe West Fork: 
 the line originally had been located for a Canal, and after some work 
 was done on it, it was thought advisable (as it would save a large amount 
 of money in the cost of the construction, and make a more safe and perma- 
 nent work ,) to thow a mound across the valley of the West*Fork at the Han^ 
 over road, and substitute slack^water for Canal from that point to Gillford: 
 Ihis plan was adopted and work commenced, when it was found necessary 
 *by the Directors to abandon it, a great excitement having arisen against it 
 amongst the people residing in the vicinity, who feared it would create 
 sickness. LOT DIXSON. 
 
 Sept. 27th, 1837. 
 
 J t