was called from my own observations,-I judging whether I could, at such a time, after the water was on them, go upon the Meadows. Nothing more than that. These gradual changes, softening the soil, I have noticed, in the swamps, before '46. I never saw the Meadows look so well as in 1846-the best crop of grass I recollect to have seen for a series of years, and as good as I ever saw it. I do not recollect that I ever noticed poor crops of grass, or any particular running down, before 1846. I cannot say, from my own observation, that there had been any depreciation of crops, in any particular year. From my own observation, I say that in 1843 and '44, the grass was worse than ten years before. The crop was, previously, pipegrass-red-top: it gradually came into the coarse cut-grass-I cannot tell in what year. There is no cut-grass in the meadow I have been speaking of. The difference, in that particular portion of the Meadows, between '43 and '33, was that the soil was taken up, and much grass gone. At this time, the grass covered up all the bare places, and the crop was excellent. Previous to 1845, there were not holes there, so much as now. There was trouble, and complaint, but not as now. When I can first remember, this was a pleasure-ground-about 1820. I noticed, between 1830 and 1840, a difference from that state of things. I noticed none before 1830.

On Friday, July 15th, I made a measurement. I made no record in my table. I did make a record of it-on a bit of paper. I didn't preserve it. I had it the next day. I do not attach any great importance to the difference between Friday and Saturday. I have no reason to give why I did not keep the record of Friday's measurement. I have made some experiments on this River; and have not given any but these three, because they alone were satisfactory to me from the conditions.

The difference at the Dam was that there were flash boards on, and a new gate-or the posts for it-in the place of the old ones. Up to July 16th, the flash boards were of uneven heights, and the water had been above them. The water was above the flash boards on the 18th. The only alteration at the Fordway was in the depth of water: there was none in the surface. I did not measure the depth of water on the Dam, upon the 18th.

[To the Chairman.]-On Saturday night, I had the memorandum of Friday in my pocket. There was a difference of five inches, and I looked at the memorandum and looked at and saw the difference.

1

I made no memorandum of this difference. From July 9th to the 16th, the fall was of a foot. June 22d to July 2d, 1 feet fall. July 2d to July 9th, foot fall. 9th to 16th, 16th to 21st, . No fall from July 21st to the 23d. I was away, and it was interrupted, after the 16th. I took it on the 16th, and, knowing I should be absent, took it on the 21st. Then, returning, I took it on the regular day.

I assisted Mr. Talbot in going over the Assessors' Books, of the Town of Bedford, in relation to the value of the land.

[Recess.]

ABEL GLEAZON called and sworn.

Abel Gleazon I live in Wayland.

sworn.

Examined by Mr. Mellen.

I own land on one of the broadest meadows we have. The River goes almost around my meadow. In 1826, the water came up very high, and had nearly lost my crop of hay, but it subsided quickly. There were such instances before. About 1815 there was one, but it went off with great rapidity. The falling of the water was then so rapid that it would carry off the hay. At present, it goes down slowly. If it comes on, we give up our crop for that season.

When the Committee were on the River in the steam-boat, I went to the Fordway. I was there some two hours. I took no measurement, except by a foot rule. The water was about 3 inches below the top of the flash board. When the Committee got there, it was not on the tops of the stones. From the top of the flash boards to the surface of the water, was about the length of my foot rule. In some places it was an inch less, or The water, at first, was the width of my hand below the top of the flash board.

so.

Cross-examina

tion.

Answer.

CROSS-EXAMINED by Mr. Abbott.

Question.-In 1848, '49, '50, and '51, were not your meadows dry?

One of those years was very much dryer, and we got our hay. There have been exceptions, all the way, in dry

seasons.

I have seen a rise of water without rain. I have noticed that when they have a great quantity of water at Saxonville we have a quarter of an inch more on Mondays. It goes down again on Tuesdays.

Mr. Talbot caused the distance across his Dam to be measured, while I was there. He did not appear to cover up any thing.

tion resumed.

DIRECT EXAMINATION RESUMED.

Direct examina- I never knew any change up to 1826. Before that it was rare to lose our hay. I do not recollect ever receiving any compensation for injury to my meadows.

RICHARD HEARD called and sworn.

Richard sworn.

Examined by Mr. Mellen.

Heard I am seventy-two years of age. I live in Wayland. I lived there from my birth till I was twenty-five years old. I was absent ten years, returning every week or

two.

I have owned meadows.

I took the depth of water on Saddle Rock, the day the Committee were first up, in May, and have continued it ever since. [The record was put, by consent, in as evidence. "Water-Gauge kept upon Saddle Rock, at Farm Bridge, from May 24th to October 14th, 1859. Appendix, O.]

Richard Heard's
Water Gauge at
Saddle Rock.

Saddle Rock is 2 ft. 4 in. above the hard pan Mr. Horace Heard spoke of.

On the 7th of September last, I measured the water at Bridle Point, where, on Aug. 6th, when I was nine years of age, I waded across. The water was, probably, up to my knees. The space where I walked, when a boy, between the bushes and the

water, used to be six or eight feet wide. I found 4 ft. 9 inches, at the point. There were considerable inequalities where I measured, for several rods along, as far as I recollect seeing the ground bare; but I found the average 3 ft. 8 inches. It would make the water 13 inches, where I crossed when a boy. Saddle Rock is the height of the low meadows.

From 1796, when I was a small boy, I know of no particular change till 1804. The water was occasionally up, in wet seasons. I recollect a violent rain, at night, between 1796 and 1804, when some persons had begun to make hay in the Meadows. Next morning, the water was on the Meadows. It rose, on Saddle Rock, sixteen inches. I saw it measured. In eight days, the top of Saddle Rock was clear. The fall averaged two inches a day, till the rock came up.

When I returned, in 1815, I did not pay a great deal of attention to the Meadows. In 1822, I purchased a part of my father's place. I noticed some change, yet the water would go down. But except in, or about, 1825, I never saw it as low as before I went away. About 1830, there was the change which has been described. Since then, the water has become stationary at six inches-on the Meadows, two or three. About 1840, vegetation was drying up, and at this time this rock was seven or eight inches under water. I then found the water just running over the flash board. The rock was under, six or seven inches-it might possibly have been eight.

[To Mr. Bowerman.]—The low water mark, to-day, compared with that of 1826-7-8, I think, as matter of opinion, is twenty inches, or more, higher. It might be two feet; I can merely guess at it.

I judge partly from the fact that when I helped to build the bridge, in 1827, it was eight or ten feet from Saddle Rock to the water.

Cross-examina

tion.

CROSS-EXAMINED by Mr. Abbott.

Before 1828, I have seen the stream cleared out. I have since then been taxed for it, $1 an acre-about

1830, or near there. Since 1830, there have been several attempts to mow the weeds; but the water has been too deep.

There have been attempts at mowing the weeds, within twenty years. I recollect going in, with the oxen, to clear it out, once -I don't know when-twenty, or twenty-five years ago. I think it may have been less than twenty. I don't know when it was. Within four or five years, we have gone the whole length of three bars, to mow and rake out. Found it did not succeed. We gave it up. Nothing done to them for three or four years.

There was one year, when the City began to take the water from the Lake-I think not so much the first, as two or three years afterward,-when we got our meadows. I saw a horserake used, with rackets on the horse. After that, it came on again, worse than before.

When the water is low, it will rise from Saturday to Monday morning. From Monday noon to nearly Tuesday night, it rises about the same. Not so when the water is very high.

tion resumed.

DIRECT EXAMINation resumed by Mr. Mellen.

Direct examina- If stationary during the week, it rises, say, an inch and a half. The taxes were for the law-suit commenced against the Canal Company. At one time, we had machinery to cut the weeds, but it would not work. We left cutting the weeds because the water didn't pay much attention to it.

called.

DAVID HEARD recalled by the Chairman.

David Heard re- The area of lands I consider injured by flowage, in Wayland, is about eleven hundred acres.

[To Mr. Mellen.]-There are some swamps and low-lands, which seem to be affected by high stages of water. There are adjacent uplands, which we consider injured in reference to drainage. I could not state their amount.

JOSEPH REYNOLDS called and sworn. Examined by Mr. Mellen.

sworn.

Joseph Reynolds I came from Lowell to Concord, the last Sabbath in July, about sun-down. I found the Pond nearly