The witness also produces the following statement of the heights of sail vessels at Portland, on the Connecticut; which vessels, he says, were measured by him, and the measurements he knows to be correct, except as to the tonnage. The tonnage was obtained by another person from the custom house, as he informed the witness; and the witness believes it to be correct. Height of sail vessels, unloaded, as measured at Portland, opposite Middletown, Connecticut, on the Connecticut river, in September, 1850, by Edwin F. Johnson. The above vessels are employed in the coasting trade. They are not of the largest class of vessels of that description; as will be seen by the registered tonnage, which was obtained from the custom house in Middletown, Connecticut. The testimony of this witness being read over to him, he says that in the computations embraced in his answer to the 17th direct interrogatory, the coal and wood used upon the Buckeye State was taken from his tabular statement. And he made no allowance for that portion of coal and wood which was consumed while the boat was stopping at her landings; which he thinks should have been made. But that would make very little difference in the result of his calculations. In relation to his going back to the city of Wheeling, after he left it on Monday, as stated in his answer to the 35th cross-interrogatory, he says he now thinks he did go into Wheeling once, for a very short time, while he remained in the vicinity thereof. [The further examination of witnesses was adjourned, by the commissioner, to the Burnet House, in the city of Cincinnati, the 31st of October instant, at ten o'clock in the forenoon. After his decision, to dispense with the further services of Edwin F. Johnson, Esquire, as engineer, the commissioner appointed William J. McAlpin, Esquire, of Albany, the late engineer of the Dry Dock, at the United States Navy Yard at Brooklyn, to perform the duties of engineer under the order of the court. And the counsel for both parties, (not withstanding the decision of the commissioner that he was only authorized by the order of reference to employ an engineer to examine and report as to the particular facts mentioned in the order,) consented that the engineer might perform such duties and make such a report as the commissioner should think proper to instruct him to perform and make; without any reservation as to the expression of opinions in his report, and without restraint in consequence of the limited terms of the order of reference in this respect. Under this arrangement and consent of the parties, the commissioner instructed the engineer to make certain inquiries and estimates as to the cost of alterations of the present bridge, and to report his opinions as to the expense and practicability of various alterations which had been suggested by the counsel and by the commissioner, &c. also to ascertain the dimensions and mode of construction of such of the larger classes of boats running upon the Ohio as he should meet with; the dimensions of their furnaces, boilers, flues, engines, chimneys, and their apparatus for lowering &c.; the capacity and facilities of the Louisville Canal for the passage of steamboats; the quantity and weight of coal usually sold and delivered to the steamboats upon the Ohio for a bushel; and various other matters which the commissioner deemed of importance in the decision of the cause. And the said engineer was authorized to employ such assistants as should be necessary in the performance of his duties, at the expense of the parties. He was also directed to express in his report such opinions upon any of these subjects, except as to the question whether the bridge, as it then existed, was an obstruction to the navigation, as he should deem proper.] The following is a copy of so much of the Register of the wharfmaster at the city of Wheeling, referred to at page 37, in the testimony of Robert Hamilton, as it was deemed material by the commissioner to have printed. The columns containing the statement whether the passage was up or down, or a return passage to Wheeling, and of the wharfage which had been paid, or was still due, and of the persons who paid or owed it, have been left out, as unnecessary; and to enable the table to be printed in double instead of single columns, and thereby to prevent useless expense. SCHEDULE No. 1, referred to at page 37, and forming a part of the testimony of Robert Hamilton; being a copy of a certain portion of the Wharf Register of the city of Wheeling, from December 13th, 1847, to July 19th, 1850, both inclusive. The depth of water is given in feet and decimals of a foot; and is the average depth for the day. |