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[Same objection.]

A. On the York county side the water was rather sluggish ; on the
Cumberland side there was quite a current

Cross- Q. 53. Do you know whether that flood carried away any of the
bridges along the line of the Yellowbreeches creek ?

A. I cannot remember of any going away.

Cross- Q. 64 Did you go along the Yellowbreeches creek — down below
for example, the region of Eberly's Mills, that day ?

[Objected to as above, and becatise the defendants should not cross-examine
Mr. Smith upon a matter on which they have mack him their own witness.

Counsel for defendants states that this examination is clearly competent as
legitimate cross-examination upon matters inquired into upon the direct ex-
amination, and counsel for complainants is cited to direct questions So and 20.]



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DEPOSITION OF DAVID SMITH. 1903

A. No, sir.

Cross- Q, 55. Did you go the length of the Yellowbreeches creek any
day during that flood ?

[Same objection.']

A, No, sir.

Cross- Q, 56. Was the water in the Yellowbreeches creek at its height
the day you went to Lisbum, or was it higher either before or after that
day?

\_Sa7ne chjection,']

A. I can't remember about that

Cross- Q, 57. Do you remember whether, at any time during that
period, the water got up to your tool-chest, or nearer to it than on the
day you have mentioned ?

[Sarne objection,]

A. No, sir; I don't remember. I went home on that day and re-
mained at home several days.

Cross- Q. 58. Till the water went down from its height?

[Same objection.]

A. I remained at home until the ground dried off. I can't remember
what the stage of the water was when I returned to work.

Ch-oss- Q. 59. You didn't take the chest home with you on the day
you have mentioned, did you ?

[Same objection.]

A. No, sir.

Cross- Q. 60. How did you get it home, and how was it found, with
reference to its position near the water, when it was taken and brought
home?

[Same objection]

A. Well, it was found just where we had left it I don't remember
how I got it home.

Cross- Q. 61. Do you remember who went for it and brought it home ?

[Same objection.]

A. It was not taken home. It was taken to Mr. Andrew Hart's resi-
dence to finish a job there that we had worked on about the same time.

Cross- Q. 62. Do you remember who went and brought it from the
place where it was?

[Sam£ objection.]



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1904 TESTIMONY FOR COMPLAINANTS IN REJOINDER.

A, No, sir ; I didn't do it, that I remember.

Cross- Q. 63. How near was the water to the chest when you saw it
the day you went to Lisbum ?

[Objected to as above, and as afnvohtis waste of time.]

A. That I cannot remember.

Gross- Q. 64 Do you remember an island at Lisburn, in the creek be-
tween the race-bridge and the wagon-bridge ? I refer to the island known
as Jacob KunkeFs island.

[Same ob/ection.']

A. Yes, sir.

Cross- Q, 66. Do you remember what was raised on that island that
year?

[Same objection,']

A. Not on the whole island, no, sir ; there was melons on part — next
to the creek.

Cross- Q. 66. Do you remember how the high water affected that part
of the island ?

[Same objection.]

A. Yes, sir; there was some melons lying in the water when I went
to Lisbum that morning.

Cross- Q. 67. Do you remember whether you ever heard that flood
spoken of by any particular term having any relation to that occurrence?

[Same objection.]

A, Not until since this case was up.

Cross- Q. 68. Do you know whom these melons that you saw floated
down to Lisbum belonged to ?

[Same objection,]

A, I didn't see any floating down.

Cross- Q, 69. I refer to the melons that you have stated you saw lying
in the water when you went to Lisbum that morning.

[Sam^ objection,]

A. To Sipe and Wire, I think.

Cross- Q. 70. How are you able to fix the time as August, 187S, when
this occurred ?

[Sam^ objection.]

A, By my account-books.



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DEPOSITION OF DAVID SMITH.



1905



Cross- Q. 71. Inasmuch as the complainants have declined to put your
books in evidence, will your read to the Examiner the entries to which
you now refer ?

iCbmplainants^ counsel states that he has neither been requested^ nor de-
dsmai to put the books in evidence,

Defertdatnti counsel refers to the objection entered upon the record foUow-
ing the answer to question 80 ; but if complainants^ counsel does not regard
this as an implied request^ w as an opportunity declined^ he is now requited
to offer said books in evidence, if Ae dssires to have the entries therefrom re-
firred to in. the direct examination consickredj as the objection is here re-
peated, thai the booiks^ t hmmmhmi are the best and okbf competent evidence as to
their contents.

Complainants^ counsel suggests that if defendants^ eowuel toa$Us the books
in the case, and can make arrangements wiih the witnesses, he shcUl AotM on
objection.

The (ibove objection is repeated by defendants^ counseL]

A, Yes, sir ; we were working for Mrs. Elizabeth Hart The entry
is as follows :

" Mrs. K Hart in Act with D. Smith.
1873 Dr. Cr.



CI





Dr.


iays self at $1.50 •
" Pfleager-
" Rudy -
" Self -


- 4.87J
6.87i
8.25
6.75


" Pfleager,
" Rudy .

- Self -


7.50
400


7.50"



$



ct&



11-16, to 4i

11-16, to 3i

19-28, to 4i

19-23, to 5

19-23, to i

23-30, to 5

Cross- Q, 72. Who is referred to by " Pfleager? "
[Same obfection,]

A. Edward Pfleager.

Cross- Q. 73. Was he a carpenter working for you at Mrs. Hart's at thj^t
tinae?

[Same objection,']

A. Yes, sir.

Cross- Q, 74. Where is he now ?

[Same objection,]

A, Living about a mile and a half, or probably two miles, above Me-
cbanicsburg, Cumberland county.

Cross- Q, 75. Who is referred to by " Kudy ? "

[Same objection,']



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1906 TESTIMONY FOB COMPLAINANTS IN REJOINDER.

A. John S. Rud J.

Cross- Q, 76. Was he also a carpenter working for you at Mrs. Hart's
at that tima

[Same ob)ection.'\

A. He was working for me, but never learned the tra^e so as to be
able to do much work on his own account

Gross- Q. 77. Where is he now ?

[Same objection.]

A, In Fairview township, York county.

Gross- Q. 78. Were there any others working at Mrs. Hart^s at the
time of that job?

[Same objection.']

A. No, sir; not that I can remember.

Gross- Q. 79. What was the job you did for Mrs. Hart at that time?

[Same objection.]

A. Built her a stable and a hog-pen.

Cross- Q. 80. Can you point out on the map found in the end of
volume 3, (complainants* exhibits) "from Beers' map of Cumberland
county, 1872 — " where Mrs. Hart lived at the time that work was done, or
did she live further up the creek than the map extends ?

[Same objection.]

A. She lived further up the creek, sir.

Cross- Q. 81. Lisbum, also, was further up the creek than the map
extends, was it not?

[Same objection.]

A. Yes, sir.

Cross- Q. 82. You have spoken of lumber called "stretchers " that you
•got for the bridge; describe these "stretchers."

A. They are long pieces of timber. Did I give that definite, as that
: answer?

Cross- Q. 83. Your language was: "We got some what we call
stretchers for the bridga" Please describe those stretchera

A. What we caU stretchers are long pieces of timber that reach from
truss to truss.

Cross- Q. 84. How long were these " stretchers ?"

A. Well, they generally run about forty feet



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DEPOSITION OP DAVID SMITH, 1907

Oross'Q, 85. How long were these you got on that occasion ?

A. I can't tell, sir, what the length of them was, but it would be near
that length, if we got any.

Cross- Q, 86. That is, they were about the usual length?

A. If we got them ; yes, sir.

Gross- Q, 87. You stated yesterday, in answer to questions 14, 15, 16,
and 17, about the lumber and where it was got, and in answer to question
18, asking what kind of lumber you got, you stated positively : " We
got some what we call stretchers for the bridga" The bill of Shoop &
Sadler, which was presented this morning and which I have been having
before me, contains no entry for any species of lumber longer than four-
teen feet Does this fact have any influence in leading you to withdraw
your positive answer made yesterday ?

A, Yes, sir ; from the fact that I have at dififerent times been down
at the river for that kind of lumber.

Cross- Q, 88. And that kind of lumber was sometimes used by you in
bridge work, as pieces that reach from truss to truss ?

A. Yes, sir.

Gross- Q. 89. Isaac Gray, to whom you have referred in your direct
examination, was a farmer, was he not ?

[Objected to as already answered,]

A, Yes, sir.

Cross- Q. 90. Did you and your carpenters do the carpenter- work on
the rebuilding of Zinn's bridge referred to in question 26, or did Mr.
Gray do carpenter-work on that job ?

A. He did no carpenter-work on the job, sir.

Cross- Q. 91. What work that was not carpentering did he do?

A. He helped to get the timbers into the creek, and raise the stretchers
on the trusses.

Cross- Q. 92. Did you pay him for this work ?

A. No, sir.

Cross- Q. 98. He was not in your employ, then ?

A. He was under my command, sir.

Cross- Q. 94. Did you employ him and pay him ?

A, No ; I didn't employ him, and I told you a few minutes ago I
didn't pay him.

Cross- Q. 95. You have mentioned John Greenfield as working on that
job with you ; did you employ him and pay him for that work ?

A. I can't remember whether I employed him or whether I paid him.



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1908 TBSTIMOKT FOB COMPLAINANTS IN BBJOrN3>BR.

Cross- Q, 96. Do you remember whether you made any charge in your
accoxmt for building that bridge for his services 1
A. Yes, sir ; I did make a charge for his work

[Counsel for defendants object to the remark of counsel for complainants^
directing witness to look at his account-hooks^ if he wanted to, previous to the
making of the above answer by the vntness, as an unwarranted interference
vnth the cross-examination. At request of complainants^ counsel, JExaminer
notes that the witness answered the question unihoui referefn/ce to his booksJ]

Cross- Q, 97. Then if you made a charge for his work and received
the pay for it, it was because you had employed Mr. Greenfield ; and you
paid him, did you not, for that work?

A. I suppose so ; yes. He never asked me for it since, anyhow, that I
know of.

Cross- Q. 98. You have referred to James Shaffer; do you remember
whether James Shaffer ever worked for a Mr. Sweeney ?

[Objected to as new matter,']

A, Not that I can remember, sir. I can't remember of knowing of
him working thera

Cross- Q. 99. On the occasion when you were building that bridge,
did you do any other work there, so that you were there, except at the
time you were engaged in working at the bridge?

A. No, sir.

Cross- Q, 100. Then have you any personal knowledge as to whom
James Shaffer was working for that summer, beyond the fact that he was
working on the bridge while you were there working?

A. He was hired with Adam Henry Zinn.

Cross- Q, 101. State the means of your knowledge of that

A. He hauled the timber into the creek with Zinn's team and wagon,
and I saw him cultivate some growing crop near Mr. Zinn*s bam, in Mr.
Zinn's field.

Cross- Q. 102. Was this when you were working on the bridge that
you saw him cultivate?

A. Yes, sir ; if I can remember right

Cross- Q, 108. Did he work at the bridge all the time that you were
working on the bridge?

A. No, sir.

Cross- Q, 104. How much of the time did he work on the bridge when
you were working at it?



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DEPOSITION OP DAVID SMITH. 1909

A. That I don't remember.

Cross- Q. 105. On that occasion did he work at the bridge to any con-
siderable extent ?

A. I can't remember, sir.

Gross- Q. 106. Can you remember his working more than any part of
any single day ; and if more than this, can you remember what he did on
any several days?

A. I can't remember anything except the day we raised the stretchers
on the trusses — ^hauling those timbers — whether that took a whole day
or not I can't remember.

Gross- Q. 107. How did he haul them ?

A. With Mr. Zinn's team and wagon.

Eecess until 2, P. M.

Gross- Q. 108. You stated on your direct examination that you did
other work on one of these two bridges since 1870, but that you couldn't
remember what year it waa How is it that you are not able to remember
the year when this work was done by you ? Is it because of the lapse of
time since that was done ?

A. No, sir ; the fact that I didn't tax my memory with the work, and
I may have made a memorandum in a small* book that I sometimes carry
with me ; probably the supervisor paid me right away for the work ; I
don't know now — can't tell you which it is.

Gross- Q, 109. Can you always remember the exact number of the
years when you did different jobs of work eight or ten years ago, except,
when they are charged in your book, by the date of the entry ?

A. No, sir.

Gross- Q. 110. The entry you read of the charge for " repairing bridge
at fuUing-mill" is not dated, or, as you have stated, "I have no date to
that, either." Was that bridge repaired by you in June, or was it re-
paired by you on a different occasion from the repair on the clover-mill
bridge?

A. That I can't tell you, whether it was about that time or what time
it was.

Gross- Q. 111. I notice on page 28 of your account-book with the dark
cover, under the heading "J. Rudy in Act with D. Smith," the following :

"1873

Aug. 11-16 to 8J days Mrs. Hart, 2.92^

" 19-22 to 4 " " " 8.60

25-30 to 6 " " " 5.40"



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1910 TESTIMONY FOR COMPLAINANTS IN EEJOINDEB.

Am I correct, and is this the charge for his services when he was at work
for you at Mrs. Hart's on the occasion you referred to this morning ?

\Same objection as to cross-question 47.]

A. Yes, sir.

Cross- Q, 112. I notice that in this book the numbers of the pages are
not printed, but are written, some with pencil and some with ink; when
was this numbering of the pages done ?

A, At the time of the entry, if I did it

Cross- Q. 113. Please look carefully at those page-numbers, and state
whether they are in your handwriting.

A. No, sir; I don't think they are.

Cross- Q. 114. In whose handwriting are they ?

A. That I can't tell you, sir.

Cross- Q. 115. Who did the numbering?

A. I don't know, sir.

Cross- Q, 116. At whose suggestion was it done?

A, Not at mine, sir.

Cross- Q. 117. When did you first notice that the leaves of the book
had been numbered ?

A, That I can't telL

Cross- Q, 118. Then, if this numbering was not done by yoii, or at your
suggestion, tell us all you know about it

A, I know nothing— don't remember anything about it — when it was
done.

Cross- Q. 119. Is it not a fact that this numbering has been done some
years since the entries were written in those books eight or ten years ago,
and quite recent to their production by the complainants yesterday ?

A. No, sir.

Cross- Q, 120. But you have just stated, have you not, that you can't
tell when you first noticed that the leaves had been numbered ; and in
answer to the request to tell us all about it — that you knew nothing,
didn't remember anything about it — when it was done ; did you not?

A. One moment, sir. I inferred from the last question answered that —
when I answered that question — that the defendants in this case numbered
the leaves of that book.

Cross- Q, 121. And so you understood the last question when you
answered it " no, sir," did you ?

A. Understood it how ?

Cross- Q. 122. With the inference you have just mentioned?



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DEPOSITION OP DAVID SMITH. 1911

A. Yes, sir; with the inference that the defendants numbered the
leaves of that book.

Oross' Q. 128. I notice on the first page of the book an index of the
names and the number of the page on which the accounts with those
names are found; is that page in your handwriting?

A. Yes, sir : it is in my handwriting.

Cross- Q, 124. Can you cite any entry of any name and number on
that page that does not correspond with the same name and number of
page in the body of the book containing the account belonging to that
man?

A. Yes, sir. I see that John Wilt is marked 66, and we find Henry
Attacks on page 66 and John Wilt on page 6. John Wilt is also marked
6 in the column, but there has been an entry made there of the number
66 — for what purpose I don't know.

Cross- Q. 125. But is not the account with John Wilt on page 6 of the
body of the book, and is not the figure 6 written opposite the name of
John Wilt in the index, and exactly in the perpendicular column, giving
the numbers of the pages belonging to all the names in the index, and
are not the figures 66, to which you have referred, merely pencilled in
more than two inches from that column ?

A. Yes, sir.

Cross- Q, 126. What was your design in making that index, giving
the names and numbers of the pages upon which the accounts could be
found in the body of the book?

A, To find the page, of course.

Gross- Q. 127. Does not the numbering of the pages stop with the last
number upon the leaf preceding the entry referred to by you on your
direct examination for "work at Zinn's bridge," and are there not evi-
dences that a leaf has been torn out between that last leaf, having a num-
ber upon one of its pages, and the next leaf having upon it and upon its
first page the Zinn entry above referred to?

A. Do I comprehend the question right, sir? The leaf has been torn
out ; the numbering stops at the leaf preceding the entry referred to.

Cross- Q, 128. Please look at page 18 of that book, entitied "J F
Zinn in Act with D Smith," and state whether the book does not present
evidences of scratching where the initials "J. F." and the name " Zinn"
appear, and also whether the book does not present evidences indicating
that the entire entry in the first line of the account had been erased, and
the present entry written in its place ?



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1912 TBSTIMONT FOB COMPLAINANTS IN BEJOINDBR.

A, Yes, sir.

Cross- Q. 129. The second entry is dated "Aug. 4-10," is it not?

A. Yes, sir.

Oross-Q. 180. And the year-dates " 1878 " and "—74—," are the only
year-dates upon that page, are they not ?

A. Yes, sir.

Oross'Q. 181. On page 36 of your account-book with the lighter
cover there is the following entry :

"1871
Work at foot bridges Dr Cr 86

June
" 8-9 Fulling mill myself 8 days

at $2.25, " 6.75

8-9 E. Pfleager 2 days at

8-9 John Greenfield 2 " at
Aug At clover mill myself 2^ days

at 2.25, 5.62i"—

is there not?
A Yes, sir.

OrosS' Q. 132. There are evidences of the paper having been scratched
or rubbed where the date-figures " 8-9 " appear in a row before these
three entries ; are there not?
A. Yes, sir ; that is a very usual thing.

OrosS'Q. 188. The date-figures " 1871," "June 8-9," "8-9, "8-9," are
written in a different and much brighter ink than the pale ink with which
the body of the entries is written, are they not ?
A, Yes, sir.

Cross- Q. 184 The " 1871 " is evidently written with a stiff pen that
would not spread like the letters, for example, in the word " foot-bridge,"
is it not ?

A. I don't say " evidently " ; it appears so, but I don't say it is so, sir.
Cross- Q. 185. I will call your attention to the date " 1875 " in your
dark-covered book, in the entry cited by you and copied by the Exam-
iner in answer to direct question 11, and ask you what original figure the
present figure " 5 " in the date " 1875 " was written over ?
A. Not any, sir.

Cross- Q, 186. Please look at the two photographs I now hand you —
one taken of the same size, and the other magnified — and state whether
they are not the same words and handwriting as shown upon that page?

[Obfeded to/or the reason that the witness is not an expert in photography
or the contrivances of photographers; and further , that it does not appear



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DBPOSITIOK OF DAVID SMITH* 1913

wheuy how, by whomy or under what circumatances the photographs produced
v)ere taken.}

A. No, sir ; thej are not, on the magnified copy ; the other is, so far
as I can see, about the same ; yes, sir.

OrosS' Q. 187. The magnified copy is the same handwriting but en-
larged, is it not ?

[Same objection.']

A. Yes, sir.

[IruxsmiuJi as the complainants have declined and neglected to offer in evi-
dence the books prodv/ced^ and from which entries have been copied in this dep-
osOion, and as said books are not in the control of the defendants, counsel for
defendants here offers in evidence the above referred to photographic copy of
said page containing said entries, and the enlarged photographic copy of a
portion of said page containing the entry of the date 1875, and requests the
Examiner to mark the same respectively for identification : " Exhibit Photo-
graph of Zinris Bridge Entry in David SmiiKs Account-book,^^ and ^^Mc-
hibit Enlarged Photograph of Zinris Bridge Entry in David SmiOis Account-
book,^^ together with the Examiner^ s name and the date.

Complainants^ counsel says that he has not declined to put in the bocks, and
objects to the alleged photographs becau^se they are not authenticated']

Re-direct by Mr. Storrow:
Q. Q. 188. Will you state whether these two books referred to in
your deposition, including the entries about the bridges, are honest
books, honestly kept ?

[Objected to as clearly leading.]

A. Yes, sir.

Q. Q. 139. You have testified that you carried these books to Har-
risburg last winter and showed them to defendants' counsel upon being
summoned ; have they ever been out of your possession since then until
they were produced yesterday ?

[Objected to as not re-direct, the custody of the books not having been in-
quired into on the cross-examination.]

A. No, sir.

Q. Q. 140. The last numbered page in the dark-covered book is
numbered 88, being the first page on the leaf. The page on the other
side of the leaf, which would have been 89, is not numbered. Is that
the fact or not ? •



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1914 TESTIMONY FOR COMPLAINANTS IN BEJOINDER.

A. There is no number there. The last numbered page is 88, and
there is no number on the next page. The number 88 is on the first
side of the leaf.

Q. Q. 141. And the entry headed : ** Work at Zinn's bridge," is on
the page which would be numbered 90 if the pages now in the book
were numbered in regular order, would it not ?

A. Yes, sir.

Q. Q. 142. In the 128th to 180th cross-questions inclusive, you were
asked about the entry on the first line of page 18 of your dark-covered
book, and about another entry of a date lower down on the same page.
Will you now read to the Examiner, to be taken down as part of your
answer, all the entries on that page, from the top down through and
including the one referred to in the 180th cross-question?

[Objected to unless the books themselves are offered in evidence^ they being
the best evidence as to their contents.]



A. The entries are as follows :






"18






J. F. Zinn in Act. with D. Smith








Dr.


Dr.




$ots.


$Ct8.


July 25-26 to 2 days at 187^


2.75




Aug. 4-10 to 5J days at 187J


7.56J




" 18-16 " 8


4.12}




" 20X21" It


2.06i




Sept. 2X7 " 5J


7.56i




Aug. to 5 days by Kimmel






2X7 5} Kimmel


6.87}




9x10 2 "


7.56i
41.25




March 25 1873 By cash




41.25"



Q. Q. 143. Do you remember what that work was for Mr. J. F,
Zinn which is charged in the entry, dated August 4-10, on that page ?
I mean where the work was done — upon what property.

A. It w^as at the falling-mill property, and, I presume, it was at the
fulling-mill.

Q, Q. 144. The name of Kimmel was connected with some of the
work charged in the entries copied into your 142d answer ; what was
his first name 7

[Objected to because the word Kimmel refers to different entrtes from
the entry ^^Aug 4-10 " above referred to,"]



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DEPOSITION OP DAVID SMITH. 1915

A. Jacob.

Q. Q. 145. Did Mr. J. Fred Zinn own the fulling-mill at that time?

[Objected to as not proper re-direct examination.']

A. He employed me to do the work, and, I think, owned the mill.

Recross by Mr, Church, de bene esse :

Re-Oross-Q. 146. Then, as I understand you, you worked at the
fulling-mill in 1878?

[Objected to as a distinct misstatement of the witness^ testimony , and of
the dates of the entries referred to.

The above statement of counsel for complainants objected to as an obvious



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