Show herbert bate vs american fork FOR TEARING DOWN bathhouses BATH HOUSES A strong legal battery en in the case on tuesday afternoon the case of herbert bate et al vs american fork city came on for trial before his honor judge blackburn this is the second trial of this case the first one having by the ruling of the been improperly conducted under certain rulings of judge judd W H dickson and D evans conducted the caie for the plaintiffs and the defendants cause was represented by S B thurman geo sutherland artnur brown and judge J G sutherland the amount of damages claimed by the plaintiffs is 2500 charles llo borta was tho first witness called and sworn for the plaintiffs he related the various improvements made by the parties who erected the buildings at the foot of the street and on the shore of the lake the witness bought into the ownership in 1887 in that year the pa was built which was 40 feet square and was composed of good lumber 22 feet at the north end was boarded up 8 fent high the roof was partly covered with brush the bathhouses bath houses were also made of lumber the buildings were erected on posts and in the water three rooms were built of rustic lumber painted and 8 feet square 7 feet high they were used as bathhouses bath houses the dressing rooms and the platform leading out to the bathhouses bath houses were torn down by W H chipman vesloy philips and jas spratley we were entertaining some excursion parties that day WH chipman directed by chipping boards with a hatchet and telling the others that there was where they were to commence tearing down I 1 asked him for his authority and he said his word was his authority I 1 then told them that if they persisted in tearing down the buildings we should hold them responsible they went to dinner and came back in the afternoon and while ladies and gentlemen were dancing on the floor they proceeded to take up the flooring the value of the buildings torn down was our net profits per day from the business were from 10 to 12 per day we received commission of 25 per cent from boats carrying passengers from and to ahat place this profit witness had included in the general profits estimated by him we had made no division of the profits as all had gone to improve the property and pay attorneys fees the bathing re sart was two miles south from business centre of the city we would have ran the till early in october if the buildings had not been torn down cross examined by mr brown I 1 bought my interest from albert ether in may 1887 then wo assumed the name of bate co the papillion pavillion pa torn down was the same that was there in the year after we made a few improvements on the east of the papillion pavillion pa there was a creek it was large enough to float a steamer the buildings extended west of the canal for two or three rods there was some wire fencing put up to prevent teams going along the west bank of the canal knew the officers were coming on july ath the mayor told me had been before the city council a few nights previous they had notified me that it was a street and we should remove the buildings wa received a ten days notice and got an extension on the when we had a band of music and two or three hundred people there I 1 first received notice that the report had not been accepted by the council and that the buildings would be removed on the the water varies in height during the season that season I 1 think the water was as high in april as in juno did not enow the city claimed the place as a street when I 1 bought in it was a member of the city council in 1885 think the city bargained for the place to open a right of way to the lake aa an extension of camp street if the street was extended as contemplated it would not come down as far as the papillion pavillion pa never protested against the extension of camp street was and city marshal in 1886 and as such graded the street and deepened the canal down to the lake grade tho sidewalk to more than a third of a mile from the lake herbert bate am one of the plain tiel s became interested in the buildings in 1887 I 1 was there most ol 01 ahe time daring the season described the buildings iu similar manner as previous witness and saw the destruction by the officers if we had ben permitted to continue our business it would have been worth in joiy from 10 to la 12 ahat would have been the average we furnished cold lunch and tea soda water and ice cream wo bad a license for beeb and whisky selling it was a county license cross examined by mr brown bought out mr hunters interest they tear down the bath houses they lifted them down dona know where all the lumber went to I 1 took home feet oar firm haw built other buildings since a little west think some of the lumber was used for them believe there was feet of lumber in the pavilion pavil hon I 1 think it would cost to do the work on it the old papillion pavillion pa may have been built out of johnny snows old hay shed but T dont know it it was all new lumber I 1 know henry chipman was a supervisor of streets waa told that somebody was coming next day to remove obstructions when they tore the boards up one of them struck two of the dancers they broke a great many of the seats I 1 noticed one of them in the centre of the building that was broke pretty bad everything was all piled up tos ether had three or four hundred ollars on hand as profits that day it was in roberts and deans hands wo counted that much up on the night of the that did not represent the gross income up to that time we sometimes had two or three hundred people on gala days at 25 cents a head on common days we had fifteen or twenty every day we commenced june alth we kept the funds in a cigar bos whore we slept wo sold beer and liquor there then we sold on the premises all kinds of refreshments ceat tell what the gross receipts were had no license from the city we stayed theio till the latter part of september to watch things the saloon was fiill there also tho bath houses court adjourned till wednesday morning on wednesday morning the case of herbert bate ot al vs american fork city et al was continued heibert bate was recalled by mr evans and said that aheu the work of demolition was completed complo ted the defendant chipman told jdean that if he stop his talking he would arrest him we were told that no right to prevent any person going in bathing there and they then told some boys to go in bathing and they did BO cross examined by mr brazen did not got any deed to land when I 1 purchased my interest in the resort to mr bevans there was no street owned by the city on a line to the pavilion jacob evans was next called he deposed he was at the resort when the buildings were torn AO W H chipman was there there was a dance there that afternoon in the pavilion I 1 was ou the floor they commenced tearing up tho floor of tho pavilion while we wore dancing they used axes and heavy L amers they did not invite us off tho floor before they commenced tearing it up 1 know nothing of the affair till they came down cross examined by mr brohun the music used in the dance was an accordian there were but two couples on the floor nhsn they started tearing up the floor the floor was partly taken up when I 1 got down mr eastmond I 1 live at american i fork have lived there twenty five years I 1 know where the bathing resorts are I 1 began the erection of of buildings in 1885 we had boats there and bathing houses in 1886 wa put up a dancing hall and a bar the buildings wore put up over the lake they were set on piles all the buildings were standing on the lake after they were completed I 1 vas there in the spring and summer of 1887 the water at that time was beyond the buildings at the time of the building we took the material out in the boat and drove the piles from the boat in 1887 I 1 ran a steam boat I 1 had sold out to the other parties then they got 25 per cent of the proceeds off from the boat cross examined by mr brown most of the lumber of which the buildings were made was common rough lumber we moved the buildings rp from where they were first put because it was better bathing there not because a street had been opened there I 1 petition the city council to open a street there wore several roads near the lake there was a canal running into the lake near the resort and there is no change in the canal since then the waters of the lake have receded very much since 1885 the water is now about eighty feet below the bowery the land above the meander line had been occupied for many years redirect re direct we launched our steamer on the like just north of the papillion pavillion pa in the summer of 1886 we dug out quite a channel and floated her down into the lake since july I 1 have been on the lake a good deal fishing and hunting to mr we launched the boat above the papillion pavillion pa north we had to dig about fifty yards then we put a dam in and floated her out W H grant I 1 know where the bathing resort was I 1 was there in the summer of 1886 the buildings were then under the water or rather over the water this was true up to june 1887 to mr brown the water is higher in hayand june than in tue fall I 1 there bathing in the winter ot 1885 G my shirt thick enough mr james chipman the witness examined yesterday and tempo excused was then put on the stand for further cross and examination after which tha plaintiffs rested mr arthur brown opened the case for the defense by stating what they expected to prove thomas A shelley the city ee cordar of american fork was then placed on the stand and read from the records of the city council relating to the opening ot camp street court adjourned for recess after receda andrew adamson united states deputy mineral surveyor was sworn he testified that bo surveyed the extension of camp street laaff saturday and found it to be in a direct line with the other portion of the street he found also that the present dancing papillion pavillion pa owned by the plaintiffs is still several inches on tha street the bathhouses bath houses are entirely within tha street the entire street from the northern nort part of town to the lake including the old and the new parts of camp street is on the same line cross examined by I 1 had no official initial point to start from in surveying the extension of cramp street took it from the fences as I 1 took it for granted that they were on true comer lines never surveyed camp street from centre street north cannot state positively on what variation the streets in american fork city purvey have been laid off I 1 was not requested to find the government point had I 1 done so in surveying camp street it would not have brought it whereat is now here mr thurman read the government patent of mr david caunt george cunningmam Cunning bam was sworn he testified that prior to 1886 ho was alderman in american fork city from 1880 to 1885 he vas street supervisor per visor the are on camp street nov the bowery when it was torn down in 1887 was wholly in camp street I 1 had charge of certain work performed on street in the vicinity of the place where the bowery stood I 1 did this work under the direction of the city council other witnesses gave evidence substantially ly the same as that published in the when the case was previously tried and with which our readers are familiar yesterday morning the case was continued by david ingersoll being called to the stand he was one of the parties who officiated in pulling down the bath houses and bowery he swore that nothing was removed that was not situated in the street the buildings were removed as gently as possible the case continued all day yesterday |