Document 67, Report of Witness examinations, various dates in 1786, p 1
| Witnesses Examd by Henry Flitcroft Esqr one of the Examrs in the High | ||||
| 155 Cot of Chancery in a certain cause now dependg & at Issue in the sd | ||||
| Cot wherein Henry Errington Esqr is Complt & Gawen Aynsley John Tweddell | ||||
| & Bacon Wm Westell are Defts on the pt & behalf of the sd Defendts | ||||
| Robert Mylne of the New River Head in the parish of St James's Clarkenwell in the Co of Middx | ||||
| Esqr aged 53 yrs & upwds being produced as a witness on the pt & behalf of the Defendts in the | ||||
| Title of the Interries named was on the 4th Augt in the yr of our Ld 1786 shewn in pson at the | ||||
| Seat of Mr Boutflower who is the Clk in Cot for the Complt in the sd Title named by Mr Swabry | ||||
| one of the sworn Clks in my office who then also left a note of the name Title & place of aboad | ||||
| of the sd Depont at the seat afsd & afterwds on the same day & yr the sd Dept being sworn & Examd | ||||
| deposeth & saith as follows | ||||
| 1st | To the first Interry this Dept says that he knows the Complt & defendts in the Title of the Interry | |||
| named & hath known them respively for some time in or abot the Month of April 1783 | ||||
| 4 & 5 | To the fourth & fifth Interries this depont says he hath been informed & bels that the Bridge mentd in | |||
| the pleadgs in this cause to have been built by the sd Complt a cross or over the River Tyne near | ||||
| Hexm in the Co of Northd was thrown down by a great flood wch happd on or abot the 11th March 1782 | ||||
| & says that some time in or abot the bging of the month of April 1783 he this Dept was employed by | ||||
| the Justs of the sd Co of Northd to inspect & rept the cause of the fall of the sd Bridge & thereupon this Dept | ||||
| did on or abot the 22 23 & 24 days of the sd month of April 1783 carefully examn the Ruins & foundations | ||||
| of the sd Bridge & did afterwds make Two sevl reports in writg to the sd Justs concerning the cause of | ||||
| the fall of the sd Bridge one of wch repts was dated the 24 day of sd month of April 1783 & the or of them | ||||
| was dated the 13th Septr followg And says he has looked upon the Two sevl paper Writgs now produced | ||||
| & shewn to him at this the time of his examn markd respivily with the Lres, D & E – & the names | ||||
| or Characters "Robert Mylne" so set & subscribed to each of the sd produced paper Writgs are of | ||||
| the proper Hand Wrig of this Dept And says that the sd Two sevl produced paper Writgs are Duplicates | ||||
| or true copies of the Two. Sevl repts so made to the sd Justs by this Dept as afsd & that the contents thereof | ||||
| respively are true accordg to the best of this Depts Judgmt & belief & that true real & actual cause | ||||
| of the sd Bridge being thrown down are fully mentd & set forth in the sd Two sevl produced paper | ||||
| writgs or one of them | ||||
| 6th | To the Sixth Interry this Dept says he has looked upon the sd Two sevl parchment writing or Exhibits | |||
| now produced & shewn to him at this the time of his Examn markd respively with the Lres B & C – & | ||||
| purporting to be articles of agreemt dated 2 June 1777 betn the sd Defts of the one pt & the Complt of | ||||
| the or pt & a plan thereunto annexed & says that some time in or abot the beging of the sd Mo of April | ||||
| 1783 & previous to his makg such Two sevl repts as afsd he this dept did carefully read over and | ||||
| Examine the contents of the sd Two sevl parchmt writgs or Exhibits and this dept says that the Bridge | ||||
| mentd in the sd Exhibits & in question in this cause was constructed or built agreeable to the Arles | ||||
| of agreemt & plan specified & contained in the sd Exhibits save and excep with respect to such | ||||
| parlars as are parlarly mentd & set forth in this Dept report dated 13 Sepr 1783 & herein before mentd | ||||
| and this Dept furr says that there were sevl Defects in the foundation of the sd Bridge all wch Defects are | ||||
| parlarly mentd & set forth in the sd Two sevl repts so made by this Dept as afsd or one of them | ||||
| Joseph Ellias of Bush Hill near Enfield in the County of Middx Labourer Aged 38 yrs & upwds being | ||||
| produced as a witness on the pt & behalf of the sd Defends In the Title of the Interries named was on the | ||||
| 4th Augt 1786 shewn in pson at the seat of Mr Boutflower who is the Clk in Cot for the Complt in the | ||||
| sd Title named by Mr Swabey one of the sworn Clks in my office who then also left a note of the name | ||||
| Title & place of aboad of the sd Dept at the seat afsd & afterwds on the same day & year the sd Dept being sworn | ||||
| Examd deposeth & saith | ||||
| 1st | To the first Interry this Dept says he knows the Compt & Defendts in the Title of the Interrys named & | |||
| has known them respively for sevl yrs last past | ||||
| 7 | To the seventh Interry this Dept says that he was employed as a workman or labourer in | |||
| building the Bridge a cross or over the river Tyne near Hexm in the pleadings in this cause mentd | ||||
| & in Questn in this cause & that he was so employed therein |
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| years & upwds afterwds & was some times employed as a Carpenter & at or times as a stone | ||||
| Mason or Labourer in filling or settg Stones upon the piers of the sd Bridge & at or times in the | ||||
| charge of an Engine used for driving piles under & round the sd Piers & was so employed therein | ||||
| by one Mr Pickernell who acted as surveyor under Mr John Smeaton the Architect employed in | ||||
| Building the sd Bridge & this Dept says that the foundn of the sd Bridge were laid upon loose Gravel | ||||
| & had not good & sufft works to protect them from being undermined & therefore such Gravel was | ||||
| afterwd washed away by wch Means three of the piers of the sd Bridge were damaged & thereupon | ||||
| a Box was made wherein this Dept went down & underpinned such damaged piers & this Dept | ||||
| says that the sd Bridge was afterwd built not only upon the sd piers of the sd Bridge But also upon | ||||
| such damaged piers & therefore & for the reasons afsd the foundations of the sd Bridge were not according | ||||
| to this Depts Judgmt & bel suffty & properly laid & finished to carry such an Emence weight as the sd Bridge | ||||
| was of | ||||
| John Smeaton Gent a witness already produced sworn & examd on the pt & behalf of the Complt & now again | ||||
| on the second day of Novr in the yr of our Ld 1786 shewn in pson at the seat of Mr Boutflower who is the Clk | ||||
| in Cot for the Complt in the sd Title named by Mr Swabey one of the sworn Clks in my office who then | ||||
| also left a note of the name title & place of aboad of the sd Dept at at the seat afsd & afterwds on the same | ||||
| day & yr the sd Dept being sworn & cross examd on the pt & behalf of the Defnd deposeth & saith | ||||
| 3d | To the third Interry this Dept says that some time in or abot the latter end of the year 1776 Mr John | |||
| Donkin then Steward or Agent to the Complt Appd to defent to know if he this Dept wd undertake the Dircton | ||||
| fo. 17 | ||||
Note: Report of Witness examinations, 1786 Robert Mylne, Joseph Elias, John Smeaton (start)
Abbreviations are underlined like this Wm. and the expansion may be seen by moving the cursor over it.
| An entry outlined like this has a note which may be seen by hovering over it. |
Transcribed by KS and CTW