tions of the River, at Billerica. Survey, and Sec- I made measurements-sections-of two points above, one at the Fordway, and the other just below it, at the Falls. The heights and depths put down at different points, [Witness referred to the plan, Plate II.,] at distances of ten feet apart, are from actual measurement, and accurately laid down here. The red line is even with the top of the Dam. A red line there represents the level of the Dam and bolt. Assabet. and Sections of Rob At Barrett's Bar I made a section. [Witness bins, Barretts', identified the plan. [Plate III., (A).] These measurements were made ten feet apart, right across the stream. The red line [lower horizontal line, in the engraved plan] here also represents the line of the bolt. I believe these measurements to be accurate. [The plans of the Assabet, Robbins', and Canal Bridge Bars were identified. Plans III., B, C, and D.] The red line in the engraved plan [the lower horizontal line, in the engraved plan] represents the same level of the bolt, and the measurements are of the height and depth of the water. These distances represent the distances between the level of the bolt and the bottom of the River, and not the actual depth of the water. These sections were made at various times, beginning August 23d, and finishing September 1st, when that at the Ford way was taken. Barrett's and Assabet Bars, Sherman's* and Canal Bridge, were taken about September 1st. I began at Barrett's Bar first. Cross-examina tion. CROSS-EXAMINED by Mr. French. The water, on September 1st, as compared with August 23d, was-I did not make any observations, but, according to my general recollection, I think it must have been-higher. I think there had been rain. I do not know how much higher it was: I took no means to ascertain. I have, on these plans, a dark line, which represents the surface of the water at the time the section was taken. That is not a line that runs through sections. The red line is a uniform one,on every plan the same. The black line is the surface-line at * "Sherman's" and "Robbins'" Bar are different names for the same bar. the particular point and time when I made the survey on the section. The depth of the water is not marked: it can be ascertained. At the time I took the level of the stream, I took the depth of the water at these various points. The depth of the water at Barrett's Bar was taken August 23d; f of a foot is the height above the top of the Dam. That is the surface of the water. The depth of the water on the bar was-at distances of 10 feet-16% feet, 18 feet, 11% feet, 13 feet. That is about the average depth of the bar. 100 100 68 100 July 12th, 1859, the water stood of an inch above the bolt. According to my recollection, the gates were open and the Mills running. I believe they were-I don't know, positively, that they were. I have no knowledge how it had been the days before,whether the water had been drawn, there, or whether the gates had been closed. I think, July 12th was Wednesday. The flash boards were on the Dam, when I made my survey. I made my marks the 12th of July, and commenced my survey the next day. I examined the marks once, after the survey was completed, within a week or two-I cannot say, positively, how long. I examined to ascertain the height of the water. The date, I find, [Witness referred to his book,] was August 13th. I can give the heights of the River then, as compared with the flash boards. I gave the rise from one point to another. I have not collated so that the comparative height of the water, at different times, would be shown. [Mr. ABBOTT said a collation should be made.] I found the River several inches lower, the last time, than when the survey was first taken. The water at the Dam was 21 inches below the bolt-mark. It was below all my other marks. I think the fall was greater, in proportion, at some places, than at others. Cannot tell as to that, without figuring. I don't know of the Pond being drawn down, or nearly down at any time this Summer. I never saw the old Dam in the water, or made any measurements on it. I did not take the height of the present stone Dam, from the bottom of the River. [Mr. ABBOTT offered to have the measurement made, if desired.] tion resumed. DIRECT EXAMINATION RESUMED. Direct examina- Last Monday, I took a boat and sounded to find the position of the old Dam, but could find nothing, and saw nothing, and so gave it up. Cross-examina tion resumed. CROSS-EXAMINATION RESUMED. The water was higher, then, than I had seen it before. I did not go to examine any of my old marks. The water was 6 inches above the bolt-mark, and running over, 6 inches. Thomas Page sworn. Examined by Mr. Somerby. I live in Carlisle. I am a farmer. I am seventyfour years old. My farm in Carlisle joins the River. I have lived there fortyfour years. The neighbors used to say there were six acres in my meadow. I have pretty nearly always got my meadows. Have not suffered much from water. I can see neighbors, up and down the River. They get their meadows, generally. From twelve to twenty-one years of age, I worked on the Reed farm, at Bedford. Sometimes the Meadows were as dry as upland-some wetter. In those days, we always got them. They were troubled, sometimes. Used sometimes to have to pole the hay off. I don't often go to the River, to see-I don't know that there has been any material difference in the height of the water. Some seasons, there is more water. I have known of land being taken up, all along, gradually. I have always attributed it to the snow coming and the ground freezing and healing. Fifty or sixty years ago, my attention was called to the fact of an attempt to prevent the freezing of the Meadows,-by noticing people going to the meeting, and hearing of its object. I have always known of the Meadows being pulled up. From twelve to twenty-one, I saw the holes, and sometimes got into them. Cross-examina tion. CROSS-EXAMINED by Mr. French. I knew of the Reed farm after I was twenty-one. I helped them to hay, every year but once, for five or six years afterwards. I have not been on it, since, much. The grass always used to change. I don't know what the quality of the grass is. This meadow used to produce scratchgrass, white, and black grass. It was better than the average. The meadow at Carlisle keeps along about the same-a little better, because we get more cranberries. There is not much odds in the quantity of grass now, and forty-four years ago. Can go on the meadow with a team, and always could. It is a "high meadow." We used to get, now and then, a few cranberries; they began to come in, really, about twenty years ago. Don't get many cranberries now-they steal most' of 'em. I don't know whether or not the water makes the cranberries better. JAMES BROWN called and sworn. James Brown sworn. Examined by Mr. Somerby. I am seventy-seven years of age. I live in Framingham, near a brook which is the outlet of Lake Cochituate. I have lived there fifty-five years. I water my cattle at the brook, within a hundred feet of my house. The Lake is, generally, very low, in the Summer. One can jump over the brook. We built a new dam in 1806. From that time to the time the City used the Lake, the water was generally low. In 1806, there were a grist-mill and fulling-mill there. We built a dam some four feet high. It flowed Lake Cochituate, some three feet. It generally failed by July. The next change was in the Fall rains. After that, I gave up my privilege, and moved my mill down to an old mill below. Some time after that I can't tell the year, the privilege of raising the water was sold, and a new dam built. Col. Sanger, of Sherburne, was one of the purchasers. I could not tell the time Knights took the privilege. Up to that time, the stream was dry or nearly so, by my house. I put an inch lead pipe in this brook,—to supply my house, before Mr. Knight came. I don't know but there generally was enough water for the house. Cross-examina tion. CROSS-EXAMINED by Mr. French. There was once a cotton factory, fifty or sixty feet in length, used by Col. Fanger, and others, some forty years ago. That was burnt, and Mr. Knight built his mill, and kept it generally supplied with water, till the water was taken for Boston. It was not always supplied. I can't tell exactly what part of the time it was not. When the City took the water, in a year that mill was abandoned. The City took the water from me, so that I recovered damages. Sometimes, after rain, or in the Spring, a good deal of water comes down. There is much less since the City took the water. I now obtain water for my house. The time when the carpet factory was worked was before the City of Boston took the water. When the water was about to be taken from me, I asked $1,500 damages. After the Dam was raised, springs came out, four or five feet higher than I ever knew before. I said-Give me $100. They did, and I was satisfied. After Mr. Knight sold out to Boston, the site was abandoned in one or two years. It has only been occupied, since, by a man who made vinegar, and used the water to grind apples. Since the City of Boston took the water, there is not more than a quarter as much water as before, generally. Sometimes there is. tion resumed. DIRECT EXAMINATION RESUMED by Mr. Butler. Direct examina- Before Knight's dam, or the cotton-mill dam were built, you could jump across the stream in some places. It was two or three inches deep. The Framingham factory was sometimes stopped for want of water. I have seen as much water, in a dry time, since the great dams, to raise the great pond, were built, as before-about the same, I should think. [To the Chairman.]—I have as much water as I want, in a dry time. 27 |