I think the water would stand, to-day, on Saddle Rock, some two feet above it-I don't know. At such times as I stood on the hard-pan, the Meadows were perfectly dry. Then, the water would be six-perhaps ten-feet out from Saddle Rock. I think the water, at the same time of year, and under the same circumstances, now, would be two feet, or two and a half feet deeper. I should think it would be two feet, or so, deeper on the bar, where I waded.

Within six years, I have seen men go in up to their necks, and mow weeds, to clear out the stream. I have seen men go in with oxen and scraper, some twenty years ago.

I think there has been a great change since 1828. I can't say it commenced then. I cannot say when. I think that the Meadows, along some previous to that, were not so dry as when I used to fish there. The latter time was when I was quite small. I will say this was before 1812. I left home at fourteen, and went to another part of the Town. After I left home, I was not on the meadows as often as previously. I don't recollect seeing, after I left home, the different kind. of grass that were there when I was a boy-the clover and red-top.

I can't say I ever saw, on any meadow, the grass I used to see on that bank or my father's.

I was a witness in a case where the Billerica Mill-owners were on one side, and Boston on the other, where Mr. Butler and Judge Abbott were Counsel.

I have seen water rise, on the Meadows, without any rain. I have not been to the reservoir till this Summer. I stated, and now say, that I have seen water two feet deep on our meadow. That was when the Cochituate Lake was in full flow.

t The Factory Mills are on the Concord stream, that is, on the Concord River, and Knight's mills are out at Lake Cochituate, and fed by the Cochituate water. The water that ran out of Long Pond-Cochituate-came into the river just below the Saxonville factories.

I have seen the water on the Meadows-I don't know the exact depth-all up amongst the grass. I don't mean to say it was two feet deep; because I didn't measure it. I was not aware that I fixed the depths on the Meadows. If I used the words two feet, they was what I did not intend to use.

But I

have seen large quantities of water on the meadow, under circumstances I have now stated. Then, the Saxonville mills, fed by the Concord, were not running. I should not think they could run. The Cochituate, then Long Pond, fed Knight's mills; and that was running full. I will not undertake to say as to whether there had been much rain. I have noticed the water rise without any rain, when it was all over the Meadows. That has been so from year to year, since 1851-2. I don't state it as a frequent thing, I have seen instances of it.

I have not seen the water let on, and noted the effect. I have not noticed the water rise on Monday morning.

tion resumed.

DIRECT EXAMINATION RESUMED.

Direct examina- I never received any compensation from the Canal Company.

Cross-examination resumed.

CROSS-EXAMINATION RESUMED.

I have never asked for any, alone.

[To the Chairman.]—The Meadow-owners, as a Corporation, sued.

[To Mr. French.]—I don't know that I was connected with them, then.

Mr. BUTLER.—Then you never did sue, at all?

A.-No, Sir.

I have never known of the Sudbury people coming down to cut the Concord bars.

[To Mr. French.]—I don't know that they have been cut for six years. I don't know whether there has been any attempt to remove them.

JAMES FRANCIS called and sworn.

James Francis sworn.

Examined by Mr. French.

I am aged seventy. I reside in Wayland, whither

I moved in 1822.

I have worked on the Meadows every year, at haying, since I have lived. There was no trouble in 1822, and for a few years. There has been difficulty in getting the Meadows,

more or less, since 1828. When the water got to within three or four inches of off the meadow, it would stop, so that we could not get off the hay. The grass now is as poor as it can be, and be grass. But little has been cut of late years. It used to be good blue-joint and foul-meadow. Where we used to get valuable hay, on the land joining my farm, near Bridle Point, it is now covered with aquatic plants. The hay is poled off, now,—what is got. They used to go on with cattle. Where I live, I can see a great share of the Brook Meadows, and a vast quantity of other meadows. There is water on the surface, there, all the Summer, unless it is dry enough for the vegetation to suffer on high land. Aquatic plants have increased in and about the River. I can't say when grass was last cut in the meadow.

Cross-examina

tion.

CROSS-EXAMINED by Mr. Butler.

The farm I moved on to was the Bryant place. I saw a very marked change after 1828. Up to that time the Meadows were always dry, in Summer; and since, except in very dry seasons, very wet. Taking the same kind of season, there would be a difference of from one to two feet, between 1825 and '55. Not more than that. The water is retarded, now, in passing off.

I presume I came under the head of Sudbury Meadow

owners.

My farm is on Mill Brook. There is a small mill on that brook, for grain. They are obliged to draw the water down in the Summer; though there is always some water, to do a little business with. I know of no other mill on the brook. No alteration has been made in the dam, except that he puts flash boards on in Winter, and takes them off in the Summer. They are put on the surface of the dam, I think. I have been there frequently. I think I have seen flash boards. He puts that, or something similar, on.

[Recess.]

I was mistaken in regard to flash boards being on the dam I have mentioned. There were none.

Examined by Mr. French.

JOHN B. WRIGHT called and sworn.

sworn.

John B. Wright I live in Wayland. I am a clergyman. I have had my home in Wayland since 1815.

I have six acres of meadow there, just North of Farm Bridge, on the East side of the River. I first came in charge of it about 1820. The main part of the grass was then common meadow-grass. Near the shore, there grew a yellow weed, which was superior. There was some pipe-grass. It was fed to cattle and horses. When I first came in possession, the Meadows were got with teams, for several years. This is the chief part between the bridges. For several years after I occupied it, we could cart off the grass, and it was not lost. After a while, it began to be lost; at first intermittently, and then oftener. It became necessary to pole off the grass. For four years no grass has been cut. The cranberry vines have been killed by the water. I cannot tell when I first observed the change. First the yellow weed disappeared, several years ago, and, lately, the grass has almost entirely disappeared. The great body of the meadow is now filled with the pickerel-weed. Through the past Summer, it has been covered with water. I never turned cattle on. Cattle grazed on some of the meadows. Cattle would mire, down to the pan, now, on my meadow.

[Specimens of the different kinds of grasses produced were exhibited, and identified by the Witness.]

tion.

CROSS-EXAMINED by Mr. Butler.

Cross-examina- I was settled in the Town in 1815. I own the land in right of my wife. It belonged to a Mr. Groat. My son took care of it in 1849–50. I suppose I was there in the Summer. They may have carted on the meadows, in unusually dry seasons, before the Cochituate reservoir was built, -I don't know. The water, I think, has been higher since the reservoir was built. For four years the meadows have been flooded. That was a marked change from ten years ago. Then they sometimes poled off. I don't know whether they carted any off, then. Within four years, the grass and cranberries have been destroyed. When, in 1815, I came here, they never thought of losing the crops. It was like a vintage.

-an occasion of excitement, in getting such large cropsteams passing up and down. It was like a vintage in the South of Europe.

From the time I first came to the Town, I heard of the damage done by the Dam, and suits for damages. I don't know that the Meadows were lost from 1815 to after the time when I got mine. From 1815 to '20, and for several years after, we relied on getting the Meadows. There was general contentment about it. Many of my parishioners owned meadows.

I did not know that in 1816 they petitioned the Legislature, because the Meadows were so wet they could not get off the crops. Some years, the crop might have been difficult to get, and injured, but generally it was well. I never took any part with the Sudbury Meadow Corporation.

Direct examination resumed.

Cross-examination resumed.

Foster Ham sworn.

DIRECT EXAMINATION RESUMED.

I have an adjacent woodland, on which the water has come up, of late years, higher than formerly, so as to come up to the East side of the lot.

CROSS-EXAMINATION RESUMED.

My son has carried on the farm for some years past. He is well.

FOSTER HAM sworn.

I live in Billerica, within half a mile of the Dam. I recollect the water being drawn off on July 16th, last Summer. I saw Mr. Simonds on Monday morning after this event, at Billerica. The water was drawn off some time on Saturday afternoon-about two or three o'clock. The gate was closed some time on Sunday afternoon. The water began to rise at about six that night. I did not see the Pond, after it was shut up, but the Fordway above. On Sunday morning, the water was six or eight inches lower than on Saturday night. I went across, at about eight in the morning. It was, at the deepest, to my knee*—I should say, about twelve inches deep.

* The Witness was a boy of about thirteen.