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HomeMy WebLinkAboutPlott v. BOC 1915 (part 2)Road Records J. T. Plott vs. Board of Commissioners 1915 a pt. 2 rd & North “arolina In the Superior Court Iredell County a Pefore the Clerk. J. toe reOUs VS. Board of Commissioners the County of Iredell This cause coming for hearing at this Term of the Court,on motion of the Plaintiff for a Referee and it appearing to the Vourt,that a Referee for the taking and stating an account: is necessary + It is therefore considered ,orde i and adjudged controversy -Cetween the laintiff and ~efendant be,and by refereed -cOount aGifference of law ani efendant Excepted. : _ 36372 S28 — LIF “7oO- 42¢. Fe? $20, fo- a4 3 4¥ > Ae weet oP Z i258 064 tT 4223. eG 27 biZ a7 7 2/4 Contract and Specifications for Iredell County Roads, Including Grading Only. A“ dup ben — : This Hgreement, ep concluded ia 7 2 ot OX LIL He e year of one thousand nine hundred between the County of Jegdell, “GoD Ex of North Caro- meee Wiitnessetb, That for and in consideration of the payments and agreement hereinafter mentioned, to be made and performed by the party of the first part, and under penalty of bond given by the said party of the second part and bearing even date with these presents and hereunto annexed, the said party of the second part agrees with the said party of the first part to commence the work lina, between its Board of Commissioners of the first part and. of the second part. herein required to be done within ZO days after the signing of this contract and to proceed with such work in the order and at such times and points and with such portion of his force and equipment as may, from time to time be directed by the engineer, and at his own proper cost do all the work cal!'ed for by this agreement and in the manner and under the conditions hereinafter specified. And the said party of the second part hereby agrees to complete all the work called for under this agreepyent, in all parts and requirements and in full conformity with the specifications, on or An < Las Z2 ovided, however, that the County Board shall have the right discretion to extend the time for said completion of the work. It is further agreed that the permitting the said party of the second part to go on and finish the said work after the time specified for its completion shall not operate as a waiver of any of the rights of said county under this contract, REFEREE To prevent all disputes and litigation it is further agreed, by and between the parties to this ~_~ contract, the County Engineer of [redell County (meaning thereby the individual at any time hold- ing the position of or acting in the capacity of engineer for the county) shall be referee in all cases to determine the amount or quantity of work which shall be paid for under this contract, and to de- cide all questions which may arise concerning this contract which may arise relative to the fullfill- ment of this contract on the part of the contract r also that the said engineer by himself, or by his assistants or inspectors, acting for him shall inspect the work to be done under this agreement . to see that the same is done strictly in accordance with the requirements and specifications hereinafter set forth. COUNTY BOARD The term “County Board” shall mean, (as hereby agreed between both parties to this con- tract) whenever it is hereinafter used in this contract, the legally and duly elected body provided by law to conduct the usual business and other matters concerning the County, and is the same body herein before called “Board of Commissioners.”’ ENGINEER The word “ engineer’’ when not further qualified, shal] mean the County engineer, or his proper- ly authorized agents, limited by the particular duties intrusted to them. CONTRACTOR The word “contractor” shall mean the person or persons, co-partnership or corporation, who have entered into this contract as party of the second part, or his or their legal representatives. SPECIFICATIONS THE WORK The work will consist of the excavation and embankment required to form the earthwork for a properly graded county road and such other earth work as may be found necessary by the engineer. i ° Ss The work included in this contract will begin at ©—2 ULoy Latin / ehh eg . and end at... .@-4@-—4...... ro) crease oe cI seactenssoens an approximate distance ot @ A. = 2am niles, or the order, may be reversed at the discretion of the engineer, the work beginning at. 2—7... 240402 “ag ® €k e GRADING Grading will include all excavations and embankments required to form the roadway, all exca- vations and embankments for altering the level of intersecting roads and all other excavation and embankment that may be authorized by the engineer in charge of the work. The grading shall be executed in accordance with the lines and grades given by the engineer. The portions which are above grade are to be excavated, and such and so much of the excavated material as may be suitable for the purpose, and as may be necessary, shall be filled in those portions which are below the grade lines. The excavated material not so used shall be placed in spoil banks at such points as the engineer directs or at his discretion shall be used in widening the embankments. When the material excavated does not furnish sufficient earth or other material for the embankment the engineer shall locate and stake out “borrow pits” from which the required material may be supplied, All sloping ground shall be deeply ploughed over the base of the embankments before the lat- ter are commenced when directed by the engineer and all ground that is sloping and has been covered by timber shall be cut into steps if in the judgment of the engineer it would result in better work. The embankments will be formed to such height above the grade line as the engineer may direct to provide for shrinkage, washing and settlement and they must be maintained at the required height, width, and shape until accepted. Whenever the embankments are made from side ditches or borrow pits the width of the berme to be left at the foot of the slope will be given by the engineer. In the formation of the embankments no mud, muck, vegetable matter or tree stumps or limbs or other materials which the enginecr deems unsuitable will be allowed in the work. The slopes of embankments will be generally one and one half horizontal to one vertical. The slopes of excavations will generally be one hor:zontal to two vertical, and no allowance for excavation outside of this slope will be allowed unless specially ordered by the engineer. The width of roadway will y be thirty feet both in excavation-and on embankments. The widths, slopes and other dimensions may be varied at any time by the engineer to suit circumstances. In the event of slips occurring in excavations, the contractor will remove the debris and reslope the work. Ifthe slips occur through the carelessness of the contractor, no allowance for the removal or reshaping will be made, but if from unavoidable causes, he will be paid for it at the same unit price paid for other excavation. In the event of work being proceeded with in the winter no snow or ice will be placed in the embankments or allowed to be covered up in them, and all frozen earth must be excluded from the heart of the embankments. CLASSIFICATION The contractor will under this contract handle that material herein classified as earth. He will be required to strip all solid rock within the limits of the excavation to the satisfaction of the engineer. Earth will include clay, sand, gravel, loam, decomposed rock and slate, stones and boulders containing not more than one cubic foot and all other matters of earthy nature no matter how compact they may be. This contract is not to include any other excavation except that classed above as “earth,” the Board making other disposition of the removal of the rock excavation. CLEARING The Board will have the right of way cleared of all trees and underbrush and such otner ma- terials or obstructions as may be in the way of the cuts or embankments. They will also have all stumps of trees, saplings and brush carefully pulled by the use of a stump puller and where necessary will us dynamite. This work will be done with reasonable care for the removal of the roots but be- yond this reasonable care in clearing the Board will not be held responsible for any difficulty found fn making excavation through such cleared places, and the contractor will be required to accept the judgment of the engineer in regard to this matter. OVERHAUL AND HAUL In estimating the value of the work done by the contractor, the prices of excavation will be ap- plied to all material whether within the boundaries and above the grade or whether outside where ex- cavations are made to obtain material for supplying deficiencies or other work. The’ ptice named per cubic yard in the bidder’s blank is intended to apply to all excavation made by the contractor for the purpose of building the road or its appurtnances and shall be hauled a distance not to exceed eight hundred feet, the measurement to be made from the center of the bulk of the excavated material to the center of bulk of the dump or embankment. The price to be paid for all hauls over eight hundred feet will be named in the “bidders blank” under the head “Overhaul” and will be measured in the same manner as the free haul as given above, Measurements of all quantities will be made in excavation before their removal. — aaa ti i aasesttcliiiltiasaliials insestees on GENERAL CONDITIONS The contractor must satisfy himself of the nature of the work, the location, the form and gen- etal conditions pertaining to the ground and its surface. He must form his own opinion of the quan- tity of material to be moved, and of all other matters that may in any way influence his contract. No information given by or gained through the engineer or his assistants will in any way relieve the contractor of any of the risks or from the strict compliance with the terms of this contract, PROVISION FOR CHANGES The quantities and the disposition of the excavation and embankment may be changed during the progress of the work, at the direction of the engineer, by alterations in the grades or the align- ment, curves or dimensions or plan of any part of the work, or by increase or diminuation of the length of section, and the calculation of quantities will be made anew for final settlement with the contractor. No extra charge will be allowed on account of any change as noted above and the prices uamed in the contract are to be taken and considered as full compensation for all the work done de- termined by the measurement as herein agreed upon. DELAYS No charge for delay shall be made for any hinderance in carrying on the work no matter what the cause of delay may be; but it may entitle the contractor to an extension of the time stipulated in this contract for the completion of the work. This time or allowance shall be determined by the en- gineer in charge of the work and shall be considered, only, if the contractor gives immediate notice to the engineer of the cause of delay. DEFECTIVE WORK The engineer shall have full power to reject any and all defective work or work which in his opinion does not conform to the spirit of the foregoing specifections and contract, and shall have the power to direct the application of the contractors forces to any portion of the work which in his opinion requires it. Should the contractor refuse to perform such betterments as may be required the engineer shall have the power to have same done and charge the expense to the contractor and deduct the amount of the cost of same from any moneys due the contractor by the board. DISCIPLINE Disorderly, quarrelsome, or incompetent and unskilled employees must be discharged by the contractor on demand of the engineer in charge of the work and not be employed again without his permission. Contractors will not be permitted themselves nor by their agents or employees to give or sell any intoxicating spirits to their workmen nor any other person at or near the line of the road nor to allow it to brought on the work by their employees or any other person. They will be expected to discountenance the use of the same by their employees or any other person at or near the work. CAUTION The contractor will carefully preserve the bench marks, reference points and stakes, and in case of wilful or careless neglect they will be charged for replacing the same and the same be deduct ed from their estimates. The contractor shall not let or traosfer his contract or any part of it, or withdraw his constant personal attention on the work without the written consent of the engineer endorsed on these articles of agreement. The work will be executed under the constant supervision of the engineer of the county or his properly authorized assistant, by whose measurements and calculations the quantities of the work per- yormed shall be estimated and whose determinations shall be conclusive on both parties. BOND The contractor shall give a bend with some Surety or Trust Company duly executed and ap- proved by the Board of County Commissioners. The bond shall be in the sum of _.2 OO O° 2? and so conditioned as to insure the completion of this contract strictly within its terms. PROTECTION OF PERSONS AND PROPERTY The contractor shall during the progress of the work use all proper precautions by good and sufficient barriers, guards, temporary bridges, etc., for the prevention of accidents, and at night put up and keep suitable and sufficient lights, and he will indemnify and save harmless the County against and from al) suits and actions of every name and description, brought against it, and all costs and damages to which the said County may be put for or on account or by reason of any injury or alleged injury to the person or property of another, resulting from carelessness or negligence of the contractor or his agents or employees, in the performance of the work or in guarding the same or from any act or omission of the contractor his agent or employees, and the County shall retain all or so much of the moneys due by reason of the work under this contract as may be considered necessary until all claims for damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished. BIDDER’S BLANK The County, for and in cousideration of the true and faithful performance of the covenants made by the contractor hereby agrees and covenants to and with the contractor as follows, to wit: First, to pay or cause to be paid to the contractor, his executors or administrators, the rates and prices hereinafter named, For earth excavation as heretofore specified, per cubic van For Overhaul as_ heretofore specified, per cubic yard. C4. ae Second, and the County agrees to pay to the contractor at the rate aforesaid monthly at or about the tenth of each month for all work done up to and including the last day of the preceding month, as certified to by the County Engineer to be in accordance with this contract, less ten per centum of such amount which percentage shall be withheld until the final completion and acceptance of the work under the terms and agreements of this contract when the balance due, together with the percentage so retained shall be paid by the County upon the report by the County Engineer that the whole work provided for under this contract is completed and accepeabiy finished within the time specified. Third, and it is agreed that the engineer, in comparing the said final estimate of the quality, character and value of said work and giving his final estimates need not be bound by the preceding estimates and reports but such prior estimates and reports shall be held to be only approximate to the final estimate. The monthly estimates and reports on unfinished work shall in no case be taken as an acceptance of work or as a release of the contractor from responsibility thereof until the final esti- mate is made and the work in its entirety is accepted as complete under this contract. tn Wi!tness Wibereof, The Chairman of the eae County Mae County, North Carolina, has signed the same and the said ge F has hereunto set his or their hand and seal the day and y€gr naee 5 written. BOARD OF COMMISSIONERS OF IREDELL COUNTY. LIUA Tuc l] Chairman. LBB Seal / (Seal) (Seal) @ -Q00L SPRINGS ROAD ESTIMATE NO.1 J. T. PLOTT COMTRA Statesville, N, C. Dec. 10th, 1912. Mr, Me. As Feimster, Chairman, Board County Commissioners, Statesville, WN. C. ‘ Dear sirt- The following is the amount of work done on the Cool oe Road by contractor ¢. T. Plott during the month of November 1912 showing the work done,the place where it was done, and the sae: | due and payable to ir, Plott on this day under contract. Sta. 10, = 13-15. 154.6 cu.yds. road complete @ Allowance this estimate Unfinished Sta. 17-15 -_24-75. 1555.6” cu.yds. road complete Allowance this estimate 235.56 52.00 Unfinished ste. “5-60 * 30-30 ” 395.5"ou. yds. road complete Allowance this estimate Unfinished Sta. 531-60 - 7-70. 780.8”’cu.yds. road complete Allowance this estimate Unfinished Sta. 38-20 - 39-60. 15.6” cu.yds. road complete Allowance this estimate Unfinished. Sta. 40-50 - 48. 639.0 cu.yds. read complete Allowance this estimate Unfinished. Sta. 49-10 = 50-60. 61.1’ cu.yds. road complete Allowance this estimate Unfinished. Sta. 55-60 - 60-50. 815.5 cueyds. road complete Allowance this estimate 179.58 161,62 161,82 17.06 3.59 3.23 I) 146.97 MY oOo “et 14.70 14.05 12.15 1,40 187.5 168.67 Unfinished. Sta. 6120 - 65-70. 178.5 “%uryde. road complete Allowance this estimate 18.85 41.05 Unfinished. |. Sta. 66-40 - 2-75. 1174.4”%cu.yds. road complete Allowance this estimate Unfinished Hauling 96 joints Terra Cotta Pip " 72 Ld " " " Laying 7 lines " " Less 10% contract provision 242.10 ' ner joint 14.40 2 S 2.38 "line _ 14.00 1230.46 123.06 Total amount due céntractor on this estimate ~ ““SITIS7. 5S This amount is due and payable on or about the 10th, of December 101. sowie Parisian... Oh'r'm'n Board Oo. Comm, LL Fe neer. Rs Ey % oo Tw eae eet , “Dear sir:- COOL SPRINOS ROAD ESTIMATE No.2 Je Te PLOTT OONTRACTOR. Stateaville, N. C. Jan. th. ‘ean Mre Ue Ae Feinester, Chairman, _ , Soara County ComAtssioners, Statesville, N. Cc. The following is the amount of work done on the Cool Springs Roadby contractor J. 1%. Plott during the month of December 1912; showing the work done, the place where it was done, and the amount due and payable to lr. Plott on this day under contract. Sta. 84-55 - 66-60. 137.5 cueydsa. road complete 23d $31.58 Allowance this estimate 90% 26 42 Unfinished 10% 3.16 Sta. 88-60 <- 97-580. 51¥.C Gueyis. road complete 7 Laleve Allowance this estimate Unfinished Ste. 9EHectO - 10%. S08. cueyds. road complete Allowance this estimate Unfini shedv Stae 105 e 117. $68.9 ocu.yis. road complete Allowance this estimate Unfinished Sta. 116-50 - lee. 152.8 cu.yds. road complete Allowance this estimate Unfinished Sta. liteifB = 14-75. 89.4 cueyds. rocd complete Allowance this estimate Unfinished Sta. 130-19 - 135-65. 7l4e8 OUeyds. road ccmplete Allowance this estimate Unfinished Sta. 1372D0 = 1Lbve75. £2737 Gu.eyds. road complete Allowance this estimate Unfimished Stae l4le4h = 145-70. 10ue8 Cueyds. road complete Allowance this estimate Unfinished Stae 146-1f = 149-50. 315.0 Ouey se. road complete Allowance this estimate Unfinished St@e 150<50 = lLOLe@7 + 304.5 Oueyds. road complete Allowance this estimate Unfinished. Stae 153-40 - 161-5°. 606.6 cusydu. road complete Allowance this estimate Unfinished Sta. 16L-20 = 170-5. 461. cu.yds. road complete Allowance this estimate Unfinished wr" ‘001 SPRINGS ROAD ESTIMATE NO.2 Je Te PLOTT CONTRACTOR. * Sta. 172 - 181-20. 858.6 ou.yds. road complete @ 23¢ $192.88 Allowance thish estimate 90 £ 173.59 $173.59 Unfinished. 10 T Yo.39 Sta. 185-L5 = 190-0, Dp cater ar complete © 23. 76.96 owance this estimate 90 % 69 62,28 Unfinished 10% HG Hauling 204 jointe lz” Serra Cotta i ) $3.15 por. 30.60 34 24" . sue. * _ 8.40 Laying 14 lines 7 * * 8.00 * 38.00 $1282.80 Leas 10% contract provision - 28.28 Total amount due contractor on this estimate 3T154.52 This amount is due and payable not later than the 10th, of January 1015. ee vorMl Pais saslise <n sneer Ch'r'm'n. Board Co. Comm. COOL SPRINCS ROAD ESTIMATE NO. 3 3, T. PLOTT CONTRACTOR. Mr. M. A. Feimeter, Chairman, Roard County Commissioners, Statesville, N. C. Dear Sir:- The following is the arount of work done on the Cool Springs road by gontractor J. T. Piott during the month of January Ig1s; showing the work done, thé Slaes wiere it was done, and the amount * > v due and payable to Mr. Plott on this day under contract. Sta. I9I-30 - : 494,35 cu.yds. ! gompl Allowance thie estimate Unrinisned Sta. T95<-8B0 - 681.4 cu.yds. Allowance Unfinished Sta. 880 - 224-55. 1384.2 cu.yds. toad complete Allowance this estimate Unfinished. Sta.283 - 325. (imbkment) 799.7 cu. yds.road compl Allowance this estimate Unfinished Sta. 234 -90 -— 385. 163.0 cu. yde. road complete allowance t his estimate Unfinished joints 24" Terra n 8" " " i +4 sontrast 29 + nt aue + take tr tf SK 7/ COOL SPRINGS ROAD ESTIMATE NO. J. T. PLOTT CONTRACTOR. ‘Mr. M. A. Feimster, Ch'rm'a, Board County Commissioners, Statesville, N. C. Dear Sir:- e+ Statesville N. C. M'ch. I0th, I9I3. The following is the amount of work done on the Cool Springs road by contractor J. T. Plott during the month of February I9I3; showing the work done the place where it wasdone, and the amount due and payable to Mr. Plott om this day under contract. Sta. 225 - 232-50. 405.7 cu. yds. road complete Allowance this estimate Unfinished Sta. 3353+50 - 343-10. 496.8 cu. yds. road complete Allowance tiis estimate Unfinished Sta. 247 - 249-60. 170.3 cu. yds. road complete Allowance this estimate Unfinished Sta. 254 - 359. 820.4 cu. yds. road complete Allowance this estimate Unfinished. Sta. 260-30 = 371-50. 515.7 cu. yds. road complete Allowance this estimate Unfinished. Sta. 288 - 3293-80. 637.6 cu. yds. road complete Allowance this estimate Unfinished? Sta. 294-50 =- 297-50. 48.0 cu. yds. road complet Allowance this estimate Unfinished. Sta. 298-70 = 302-50. 553.8 cu. yda.road complete Allowance this estimate Unfinished. Sta. 304-50 - 307-50. 584.3 cu. gds. road complete Allowance this estimate Unfinished. Sta.309-50 - SII-50. 89.9 cu. yds. road complete Allowance this estimate. Unfinished. Sta. 313 -20 -— 318-50. 1459.4 cu.yds. road complete Allowance thie estimate Unfinished. Sta. SI9-60 - 328-50. 574.28 cu.yde.road complete Allowance this estimate. Unfinished. 9 a @ 3 @ G g @ 23 90% 10% 23¢ 90% 10% @ 23¢ 3 @ 90 23¢ 90% TA 10% 25¢ 90% 10% a $92.85 85.57 9.28 $85.57 114.36 108.85 II.43 108.83 59.17 55.385 3.98 50.69 45.62 5.07 35.85 II8.6I 106.75 II.86 146 .65 I3I.99 _ 14.66 II.04 9.94 I.IO 127.37 114.63 _ I3.74 88.39 79.55 8.84 79.55 6.88 8.19 69 335.66 __ 308.09 33.57 6.19 ——-- - 09 | 308, 132.07 118.86 13.21 118.86 GOO SPR GS ROAD ES [MATE 4 ae r. PLOTT CONTRACTOR 3 eC ge Sta. 330-70 - 335-5 . 576.5 cu.yds. road complete @ 3823@ $133.59 Allowance this estimate 20% II9.33 II9 33 Unfinished. 13.26 : Hauling 228 joints I3" Terra Cotta Pipe @ #.I5 per joint 34.20 Laying I4 lines - 2,00" tine 14.0 O $1304.80 130.48 Less 10% contract provision ae Total amount due contractor on this estimate $1174.35 2 This amount is due and payable not later than the I0th of March I9I3. MO Af Rk € L \ Sacincer. approvea OL MALL Lek C'a'tr'm'n. Board Co. Comm. Contract and Specifications for Iredell County Roads, Including Grading Only. Yt, 7 This Agreement, Made in duplicate and concluded this_/O day of <7 wy herons th the year of one thousand nine hundred thirteen, between the County of Iredell,in the State of North Car- olina, between its Board of Commissioners of the first part and. - YS , it Ae Eade of the second part. Witnesseth, That for and in consideration of the payments and agreement hereinafter men- tioned, to be made and performed by the party of the first part, and under penalty of bond given by the said party of the second part and bearing even date with these presents and hereunto annexed, the said party of the second part agrees with the said party of the first part to commence the work — herein required to be done within. / - .days after the signing of this contract and to proceed with such work in the order and at such times and points and with such portion of his force and equipment as may, from time to time he directed by the engineer, and at his own proper cost do all the work called for by this agreement and in the manner and under the conditions hereinafter specified. And the said party of the second part hereby agrees to compk te all the work called for under this agreement, in all parts and requirements and in full conformity with the specifications, on or before . GAA- ’ /S provided, however, that the County Board shall have the right at their discretion to extend the time for said completion of the work. It is further agreed that the “permitting the said party of the second part to go on and finish the said work after the time specified for its completion shall not operate as a waiver of any of the rights of said county under this contract. REFEREE To prevent all disputes and litigation it is further agreed, by and between the parties to this contract, the County Engineer of Iredell County (meaning thereby the individual at any time holding the position of or acting in the capacity of engineer for the county) sliall be referee in all cases to determine the amount or quantity of work which shall be paid for under this contract, and to decide al) questions which may arise concerning this contract which may arise relative to the fulfillment of this contract on the part of the contractor also that the said engineer by himself, or by his assistants or inspectors, acting for him shall inspect the work to be done under this agreement to see that the same is done strictly in accordance with the requirements and specifications hereinafter set forth. COUNTY BOARD The term ‘‘County Board’’ shal] mean, (as hereby agreed between both parties to this contract) whenever it is hereinafter used in this contract, the legally and duly elected body provided by law to conduct the usual business and other matters concerning the County, and is the same body herein before called ‘‘Board of Commissioners.’’ ENGINEER The word ‘‘engineer’’ when not further qualified, shall mean the County engineer, or his prop- erly authorized agents; limited by the particular duties intrusted to them. CONTRACTOR The word ‘‘contractor’’ shall mean the person or persons, co-partnership or corporation, who have éntered into this contract as party of the second part, or his or their legal representatives. SPECIFICATIONS THE WORK The work will consist of the excavation and embankment required to form the earthwork for a properly graded county road and such other earth work as may be found necessary by the engineer. o The work included in this contract, wil begin at [21 et and end at. ev. “Ae . 4st MAA. - ..an approximate distance of eee ....miles, or the order may be reversed at the discretion of the engineer, the work GRADING Grading will include all excavations and embankments required to form the roadway, all ex- cavations and embankments for altering the level of intersecting roads and all other excavation and embankment that may be authorized by the engineer in charge of the work. The grading shall be executed in accordance with the lines and grades given by the engineer. The portions which are above grade are to be excavated, and such and so much of the excavated material as may be suitable for the purpose, and as may be necessary, shall be filled in those portions which are below the grade lines. The excavated material not so used shall be placed in spoil banks at such points as the engineer directs or at his direction shall be used in widening the embankmenta. When the material excavated does not furnish sufficient earth or other material for the embankment the engineer shal] locate and stake out ‘‘borrow pits’’ from which required material may be supplied. All sloping ground shall be deeply ploughed over the base of the embankments before the lat- ter are commenced when directed by the engineer and all ground that is sloping and has been covered by timber shall be cut into steps if in the judgment of the engineer it would result in better work. The embankments will be formed to such height above the grade line as the engineer may direct to provide for shrinkage, washing and settlement and they must be maintained at the required height, width, and shape until accepted. Whenever the embankments are made from side ditches or borrow pits the width of the berme to be left at the foot of the slope will be given by the engineer. In the formation of the embankments no mud, muck, vegetable matter or tree stumps or limbs or other materials which the engineer deems unsuitable will be allowed in the work. The slopes of embankments will be generally one and one half horizontal to one vertical. The slopes of excavations will generally be one horizontal to two vertical, and no allowance for excavation outside of this slope will be allowed unless specially ordered by the engineer. The width of roadway will generally be thirty feet both in excavation and on embankments. The widths, slopes and other dimensions may be varied at any time by the engineer to suit circumstances. In the event of slips occurring in excavations, the contractor will remove the debris and reslope the work. If the slips occur through the carelessness of the contractor, no allowance for the removal or reshaping will be made, but if from unavoidable causes, he will be paid for it at the same unit price paid for other excavation. In the event of work being proceeded with in the winter no snow ar ice will be placed in the embankmen‘s or allowed to be covered up in them, and all frozen earth must be excluded from the heart of the embankments. CLASSIFICATION The contractor will under this contract handle that material herein classified as earth. He will be required to strip all solid rock within the limits of the excavation to the satisfaction of the engineer. Earth will include clay, sand, gravel, loam, decomposed rock and slate, stones and boulders containing not more than one cubic foot and all other matters of earthy nature no matter how compact they may be. This contract is not to include any other excavation except that classed above as ‘‘earth,’’ the Board making other disposition of the removal of the rock excavation. CLEARING The Board will have the right of way cleared of all trees and underbrush and such other ma- terials or obstructions as may be in the way of the cuts or embankments. They wil] also have all stumps of trees, saplings and brush carefully pulled by the use of a stump puller and where necessary will use dynamite. This work will be done with reasonable care for the removal of the roots but be- yond this reasonable care in Clearing the Board will not be held responsible for any difficulty found in making excavation through such cleared places, and the contractor will be required to accept the judgment of the engineer in regard to this matter. OVERHAUL AND HAUL In estimating the value of the work done by the contractor, the prices of excavation will be ap- plied to all material whether within the boundaries and above the grade or whether outside where excavations are made to obtain material for supplying deficiences or other work. The price named per cubic yard in the bidder’s blank is intended to apply to all excavation made by the contractor for the purpose of building the road or its appurtenances and shall be hauled a distance not to exceed eight hundred feet, the measurement to be made from the center of the bulk of the excavated material to the center of bulk of the dump or embankment. The price to be paid for all hauls over eight hundred feet will be namedin the “bidders blank” . under the head ‘‘Overhaul’’ and will be measured in the same manner as the free haul as given above. Measurements of all quantities will be made in excavation before their removal. GENERAL CONDITIONS The contractor must satisfy himself of the nature of the work, the location, the form and gen- eral conditions pertaining to the ground and its surface. He must form his own opinion of the quan- tity of material to be moved, and of all other matters that may in any way influence his contract. No information given by or gained through the engineer or his assistants will in any way relieve the contractor of any of the risks or from the strict compliance with the terms of this contract. PROVISION FOR CHANGES The quantities and the disposition of the excavation and embankment may be changed during the progress of the work, at the direction of the engineer, hy alterations in the grades or the align- ment, curves or dimensions or plan of any part of the work, or by increase or diminuation of the length of section, and the calculation of quantities will be made anew for final settlement with the contractor. No extra charge will be allowed on account of any change as noted above and the prices named in the contract are to be taken and considered as full compensation for all the work done de- termined by the measurement as herein agreed upon. DELAYS No charge for delay shall be made for any hinderance in carrying on the work no matter what the cause of delay may be; but it may entitle the contractor to an extension of the time stipulated in this contract for the completion of the work. This time or allowance shall be determined by the en- gineer in charge of the work and shal! be considered, only, if the contractor gives immediate notice to the engineer of the cause of delay. DEFECTIVE WORK The engineer shal] have full power to reject any and all defective work or work which in his opinion does not conform to the spirit of the foregoing specifications and contract, and shall have the power to direct the application of the contractors forces to any portion of the work which in his opin- ion requires it. Should the contractor refuse to perform such betterments as may be required the engineer shall have the power to have same done and charge the expense to the contractor and de- duct the amount of the cost of same from any moneys due the contractor by the board. DISCIPLINE Disorderly, quarrelsome, or incompetent and unskilled employees must be discharged by the contractor on demand of the engineer in charge of the work and not be employed again without his permission. Contractors will not be permitted themselves nor by their agents or employees to give or sell any intoxicating spirits to their workmen nor any other person at or near the line of the road nor to allow it to be brought on the work by their employees or any other person. They will be expected to discountenance the use of the same by their employees or any other person at or near the work. CAUTION The contractor will carefully preserve the bench marks, reference points and stakes, and in case of wilful or careless neglect they will be charged for replacing the same and the same be de- ducted from their estimates. The contractor shall not let or transfer his contract or any part of it, or withdraw his constant personal attention on the work without the written consent of the engineer endorsed on these articles of agreement. The work will be executed under the constant supervision of the engineer of the county or his properly authorized assistant, by whose measurements and calculations the quantities of the work performed shall be estimated and whose determinations shall be conclusive on both parties. BOND The contractor shall give a bond with some Surety or Trust Company dujf.executed and ap- proved by the Board of County Commissioners. The bond shall be in the sum and so conditioned as to insure the completion of this contract strictly within its terms. PROTECTION OF PERSONS AND PROPERTY The contractor shall during the progress of the work use all proper precautions by good and sufficient barriers, guards, temporary bridges, etc., for the prevention of accidents, and at night put up and keep suitable and sufficient lights, and he will indemnify and save harmless the County against and from all suits and actions of every name and description, brought against it, and al) costs and damages to which the said County may be put for or on account or by reason of any injury or alleged injury tothe person or property of another, resulting from carelessness or negligence of the contractor or his agents or employees, in the performance of the work or in guarding the same or from any act or omission of the contractor, his agent or employees, and the County shall retain all or so much of the moneys due by reason of the work under this contract as may be considered necessary until all claims for damages as aforesaid shall have been settled and satisfactoryevidence to that effect furnished. BIDDER’S BLANK The County, for and in consideration of the true and faithful performance of the covenants made by the contractor hereby agrees and covenants to and with the contractor as follows, to-wit: First, to pay or cause tobe paid to the contractor, his executors or administrators, the rates and prices hereinafter named, g For earth excavation as heretofore specified, per cubic yard... ” :. é/ Fae For Overhaul as heretofore specified, per cubic yard.--_-- Second, and the County agrees to pay to the contractor at the rate aforesaid monthly at or about the tenth of each month for all work done up to and including the last day of the preceding month, as certified to by the County Engineer to be in accordance with this contract, less ten per centum of such amount which percentage shall be withheld until the final completion and acceptance of the work under the terms and agreements of this contract when the balance due, together with the percentage so retained shall be paid by the County upon the report by the County Engineer that the whole work provided for under this contract is completed and acceptably finished within the time specified. Third, and it is agreed that the engineer, in comparing the said final estimate of the quality, character and value of said work and giving his final estimates need not be bound by the preceding estimates and reports but such prior estimates and reports shall be held to be only approximate to the final estimate. The monthly estimates and reports on unfinished work shall in no case be taken as an acceptance of work or as a release of the contractor from responsibility thereof until the final estimate is made and the work in its entirety is accepted as complete under this contract. Ju Witness Whereof, The Chairman of the Board of County Commissioners of Iredell County, North Carolina, has signed the same and the said Lukt — has hereunto set his or their hand and seal the day and year, BOARD OF COMMISSIONERS OF IREDELL COUNTY. Lye 7 UKE COLCA AL... Contract and Specifications for Iredell County Roads, Including Grading Only. +4 This Agreement, Made in duplicate and concluded this /P _.day of ..© year of one thousand nine hundred thirteen, between the County of I uy t Pi of North Car- olina, between its Board of Commissioners of the first part and -- of the second part. Wituesseth, That for and in consideration of the payments and agreement hereinafter men- tioned, to be made and performed by the party of the first part, and under penalty of bond given by the said party of the second part and bearing even date with these presents and hereunto annexed, the said party of the second part agrees with the said party of the first part to commence the work herein required to be done within. / 5 days after the signing of this contract and to proceed with such work in the order and at such times and points and with such portion of his force and equipment as may, from time to time he directed by the engineer, and at his own proper cost do all the work called for by this agreement and in the manner and under the conditions hereinafter specified. And the said party of the second part hereby agrees to compk te all the work called for under this agreement, in —— requirements and in full conformity with the specifications, on or before ad ° i =] T! 4+. provided, however, that the County Board shall have the right at their discretion to extend the time for said completion of the work. It is further agreed that the permitting the said party of the second part to go on and finish the said work after the time specified for its completion shall not operate as a waiver of any of the rights of said county under this contract. REFEREE To prevent all disputes and litigation it is further agreed, by and between the parties to this contract, the County Engineer of Iredell County (meaning thereby the individual at any time holding the position of or acting in the capacity of engineer for the county) shall be referee in all cases to determine the amount or quantity of work which shall be paid for under this contract, and to decide all questions which may arise concerning this contract which may arise relative to the fulfillment of this contract on the part of the contractor also that the said engineer by himself, or by his assistants or inspectors, acting for him shall inspect the work to be done under this agreement to see that the same is done strictly in accordance with the requirements and specifications hereinafter set forth. COUNTY BOARD The term ‘‘County Board’’ shall mean, (as hereby agreed between both parties to this contract) whenever it is hereinafter used in this contract, the legally and duly elected body provided by law to conduct the usual business and other matters concerning the County, and is the same body herein before called ‘‘Board of Commissioners.’”’ ENGINEER The word ‘‘engineer’’ when not further qualified, shall mean the County engineer, or his prop- erly authorized agents; limited by the particular duties intrusted to them. CONTRACTOR The wdrd “‘contractor’”’ shall mean the person or persons, co-partnership or corporation, who have entered into this contract as party of the second part, or his or their legal representatives. SPECIFICATIONS THE WORK The work will consist of the excavation and embankment required to form the earthwork for a properly graded county road and such other earth work as may be found necessary by the engineer. The work included in this contract will nesta at (SeTraue. ; _— Bitar, Megha and end at.. DAs Theaga. ite. ..an approximate distance of _.. 420....... .... miles, or the order may be reversed at the discretion of the engineer, the work beginning at... AAnacr ot hey cos GRADING Grading will include all excavations and embankments required to form the roadway, all ex- cavations and embankments for altering the level of intersecting roads and all other excavation and embankment that may be authorized by the engineer in charge of the work. The grading shall be executed in accordance with the lines and grades given by the engineer. The portions which are above grade are to be excavated, and such and so much of the excavated material as may be suitable for the purpose, and as ma¥ be nécessary, shal! be filled in those portions which are below the grade lines. The excavated material not so used shall be placed in spoil banks at such points as the engineer directs or at his direction shall be used in widening the embankments. When the material excavated does not furnish sufficient earth or other material for the embankment the engineer shall locate and stake out ‘‘borrow pits’ from which required material may be supplied. All sloping ground shall be deeply ploughed over the base of the embankments before the lat- ter are commenced when directed by the engineer and all ground that is sloping and has been covered by timber shall be cut into steps if in the judgment of the engineer it would result in better work. The embankments will be formed to such height above the grade line as the engineer may direct to provide for shrinkage, washing and settlement and they must be maintained at the required height, width, and shape until accepted. Whenever the embankments are made from side ditches or borrow pits the width of the berme to be left at the foot of the slope will be given by the engineer. In the formation of the embankments no mud, muck, vegetable matter or tree stumps or limbs or other materials which the engineer deems unsuitable will be allowed in the work. The slopes of embankments will be generally one and one half horizontal to one vertical. The slopes of excavations will generally be one horizontal to two vertical, and no allowance for excavation outside of this slope will be allowed unless specially ordered by the engineer. The width of roadway will generally be thirty feet both in excavation and on embankments. The widths, slopes and other dimensions may be varied at any time by the engineer to suit circumstances. In the event of slips occurring in excavations, the contractor will remove the debris and reslope the work. If the slips occur through the carelessness of the contractor, no allowance for the removal or reshaping will be made, but if from unavoidable causes, he will be paid for it at the same unit price paid for other excavation. In the event of work being proceeded with in the winter no snow ar ice will be placed in the embankmen‘s or allowed to be covered up in them, and all frozen earth must be excluded from the heart of the embankments. CLASSIFICATION The contractor will under this contract handle that material herein classified as earth. He will be required to strip all solid rock within the limits of the excavation to the satisfaction of the engineer. Earth will include clay, sand, gravel, loam, decomposed rock and slate, stones and boulders containing not more than one cubic foot and all other matters of earthy nature no matter how compact they may be. This contract is not to include any other excavation except that classed above as ‘‘earth,’’ the Board making other disposition of the removal of the rock excavation. CLEARING The Board will have the right of way cleared of all trees and underbrush and such other ma- terials or obstructions as may be in the way of the cuis or embankments. They will also have all stumps of trees, saplings and brush carefully pulled by the use of a stump puller and where necessary will use dynamite. This work will be done with reasonable care for the removal of the roots but be- yond this reasonable care in clearing the Board will not be held responsible for any difficulty found in making excavation through such cleared places, and the contractor will be required to accept the judgment of the engineer in regard to this matter. OVERHAUL AND HAUL In estimating the value of the work done by the contractor, the prices of excavation will be ap- plied to all materia] whether within the boundaries and above the grade or whether outside where excavations are made to obtain material for supplying deficiences or other work. The price named per cubic yard in the bidder’s blank is intended to apply to all excavation made by the contractor for the purpose of building the road or its appurtenances and shall be hauled a distance not to exceed eight hundred feet, the measurement to be made from the center of the bulk of the excavated material to the center of bulk of the dump or embankment. The price to be paid for all hauls over eight hundred feet will be named in the ‘‘bidders blank” under the head ‘‘Overhaul’’ and will be measured in the same manner as the free haul as given above. Measurements of all quantities will be made in excavation before their removal. GENERAL CONDITIONS The contractor must satisfy himself of the nature of the work, the location, the form and gen- eral conditions pertaining to the ground and its surface. He must form his own opinion of the quan- tity of material to be moved, and of all other matters that may in any way influence his contract. No information given by or gained through the engineer or his assistants will in any way relieve the contractor of any of the risks or from the strict compliance with the terms of this contract. PROVISION FOR CHANGES The quantities and the disposition of the excavation and embankment may be changed during the progress of the work, at the direction of the engineer, by alterations in the grades or the align- ment, curves or dimensions or plan of any part of the work, or by increase or diminuation of the length of section, and the calculation of quantities will be made anew for final settlement with the contractor. No extra charge will be allowed on account of any change as noted above and the prices named in the contract are to be taken and considered as full compensation for all the work done de- termined by the measurement as herein agreed upon. DELAYS No charge for delay shall be made for any hinderance in carrying on the work no matter what the cause of delay may be; but it may entitle the contractor to an extension of the time stipulated in this contract for the completion of the work. This time or allowance shall be determined by the en- gineer in charge of the work and shall be considered, only, if the contractor gives immediate notice to the engineer of the cause of delay. DEFECTIVE WORK The engineer shal! have full power to reject any and all defective work or work which in his opinion does not conform to the spirit of the foregoing specifications and contract, and shall have the power to direct the application of the contractors forces to any portion of the work which in his opin- ion requires it. Should the contractor refuse to perform such betterments as may be required the engineer shall have the power to have same done and charge the expense to the contractor and de- duct the amount of the cost of same from any moneys due the contractor by the board. DISCIPLINE Disorderly, quarrelsome, or incompetent and unskilled employees must be discharged by the contractor on demand of the engineer in charge of the work and not be employed again without his permission. Contractors will not be permitted themselves nor by their agents or employees to give or sell any intoxicating spirits to their workmen nor any other person at or near the line of the road nor to allow it to be brought on the work by their employees or any other person. They will be expected to discountenance the use of the same by their employees or any other person at or near the work. CAUTION The contractor will carefully preserve the bench marks, reference points and stakes, and in case of wilful or careless neglect they will be charged for replacing the same and the same be de- ducted from their estimates. The contractor shall not let or transfer his contract or any part of it, or withdraw his constant personal attention on the work without the written consent of the engineer endorsed on these articles of agreement. The work will be executed under the constant supervision of the engineer of the county or his properly authorized assistant, by whose measurements and calculations the quantities of the work performed shall be estimated and whose determinations shall be conclusive on both parties. BOND The contractor shall give a bond with some Surety or Trust Company dul ecuted and ap- proved by the Board of County Commissioners, The bond shall be in the sum of_ am 2O O55 e.. and so conditioned as to insure the Gompletion of this contract strictly within its terms. PROTECTION OF PERSONS AND PROPERTY The contractor shall during the progress of the work use all proper precautions by good and sufficient barriers, guards, temporary bridges, etc., for the prevention of accidents, and at night put up and kéép suitable and sufficient lights, and he will indemnify and save harmless the County against and from all suits and actions of every name and description, brought against it, and all costs and damages to which the said County may be put for.or on account or by reason of any injury or alleged injury tothe person or property of another, resulting from carelessness or negligence of the contractor or his agents or employees, in the performance of the work or in guarding the same or from any act or omission of the contractor, his agent or employees, and the County shall retain all or so much of the moneys due by reason of the work under this contract as may be considered necessary until all claims for damages as aforesaid shall have been settled and satisfactoryevidence to that effect furnished. BIDDER'S BLANK The County, for and in consideration of the true and faithful performance of the covenants made by the contractor hereby agrees and covenants to and with the contractor as follows, to-wit: First, to pay or cause to be paid to the contractor, his executors or administrators, the rates and prices hereinafter named, x For earth excavation as heretofore specified, per cubic yard...’ 2 / ae For Overhaul as heretofore specified, per cubic yard er Second, and the County agrees to pay to the contractor at the rate aforesaid monthly at or about the tenth of each month for all work done up to and including the last day of the preceding month, as certified to by the County Engineer to be in accordance with this contract, less ten per centum of such amount which percentage shall be withheld until the final completion and acceptance of the work under the terms and agreements of this contract when the balance due, together with the percentage so retained shall be paid by the County upon the report by the County Engineer that the whole work provided for under this contract is completed and acceptably finished within the time specified. Third, and it is agreed that the engineer, in comparing the said final estimate of the quality, character and value of said work and giving his final estimates need not be bound by the preceding estimates and reports but such prior estimates and reports shall be held to be. only approximate to the final estimate. The monthly estimates and reports on unfinished work shall in no case be taken as an acceptance of work or as a release of the contractor from responsibility thereof until the final estimate is made and the work in its entirety is accepted as complete under this contract. Ju Witness Whereof, The Chairman of the Board of County Commissioners of Iredell County, North Carolina, has signed the same and the said__-..."7. a. has hereunto set his or their hand and seal the day and year a i BOARD OF COMMISSIONERS OF IREDELL COUNTY. ‘ Contract and Specifications for Iredell County - Roads, Including Grading Only. This Agreement, Made in duplicate and concluded thi ; year of one thousand nine hundred thirteen, between the County of Ired, " ¢ North = olina, between its Board of Commissioners of the first part and s Subig Coc coeet ener « of the second part. Wituesseth, That for and in consideration of the payments<4ind agreement hereinafter men- tioned, to be made and performed by the party of the first part, and under penalty of bond given by the said party of the second part and bearing even date with these presents and hereunto annexed, the said party of the second part agrees with the said party of the first part to commence the work herein required to be done within LO © days after the signing of this contract and to proceed with such work in the order and at such times and points and with such portion of his force and equipment as may, from time to time he directed by the engineer, and at his own proper cost do all the work called for by this agreement and in the manner and under the conditions hereinafter specified. And the said party of the second part hereby agrees to compk te all the work called for under this agreement, in all parts and requirements and in full conformity with the specifications, on or before. 4A“ fa / 7 ‘4 “provided, however, that the County Board shall have the right at their discretiah to extend the time for said completion of the work. It is further agreed that the permitting the said party of the second part to go on and finish the said work after the time specified for its completion shall not operate as a waiver of any of the rights of said county under this contract. REFEREE To prevent all disputes and litigation it is further agreed, by and between the parties to this contract, the County Engineer of Iredell County (meaning thereby the individual at any time holding the position of or acting in the capacity of engineer for the county) shall be referee in all cases to determine the amount or quantity of work which shall be paid for under this contract, and to decide all questions which may arise concerning this contract which may arise relative to the fulfillment of this contraet on the part of the contractor also that the said engineer by himself, or by his assistants or inspectors, acting for him shall inspect the work to be done under this agreement to see that the same is done strictly in accordance with the requirements and specifications hereinafter set forth. COUNTY BOARD The term ‘‘County Board’’ shall mean, (as hereby agreed between both parties to this contract) whenever it is hereinafter used in this contract, the legally and duly elected body provided by law to conduct the usual business and other matters concerning the County, and is the same body herein before called ‘‘Board of Commissioners.’’ ENGINEER The word ‘‘engineer’’ when not further qualified, shall mean the County engineer, or his prop- erly authorized agents; limited by the particular duties intrusted to them. CONTRACTOR The word ‘‘contractor’’ shall mean the person or persons, co-partnership or corporation, who have entered into this contract as party of the second part, or his or their legal representatives. SPECIFICATIONS THE WORK The work will consist of the excavation and embankment required to form the earthwork for a properly graded county road and such other earth work as may be found ngcessary by the engineer. The work included in this contract will begin at 4.03. "Wwsey... /MeRaarnnn Dp tp—n and end at .¢—~ 14 2.e--. .. feat. Hh Ft © __.__....an approximate distance of hh _ a... ....miles, or the order may be reversed at the discretion of the engineer, the work beginning at.«-v. neers. MYhe~ Fo Si GRADING Grading will include all excavations and embankments required to form the roadway, all ex- cavations and embankments for altering the level of intersecting roads and all other excavation and embankment that may be authorized by the engineer in charge of the work. The grading shall be executed in accordance with the lines and grades given by the engineer. The portions which are above grade are to be excavated, and such and so much of the excavated material as may be suitable for the purpose, and as may be necessary, shall be filled in those portions which are below the grade lines. The excavated material not so used shall be placed in spoil banks at such points as the engineer directs or at his direction shall be used in widening the embankments. When the material excavated does not furnish sufficient earth or other material for the embankment the engineer shall locate and stake out ‘‘borrow pits’’ from which required material may be supplied. All sloping ground shall be deeply ploughed over the base of the embankments before the lat- ter are commenced when directed by the engineer and all ground that is sloping and has been covered by timber shall be cut into steps if in the judgment of the engineer it would result in better work. The embankments will be formed to such height above the grade line as the engineer may direct to provide for shrinkage, washing and settlement and they must be maintained at the required height, width, and shape until accepted. Whenever the embankments are made from side ditches or borrow pits the width of the berme to be left at the foot of the slope will be given by the engineer. In the formation of the embankments no mud, muck, vegetable matter or tree stumps or limbs or other materials which the engineer deems unsuitable will be allowed in the work. The slopes of embankments will be generally one and one half horizontal to one vertical. The slopes of excavations will generally be one horizontal to two vertical, and no allowance for excavation outside of this slope will be allowed unless specially ordered by the engineer. The width of roadway will generally be thirty feet both in excavation and on embankments. The widths, slopes and other dimensions may be varied at any time by the engineer to suit circumstances. In the event of slips occurring in excavations, the contractor will remove the debris and reslope the work. If the slips occur through the carelessness of the contractor, no allowance for the removal or reshaping will be made, but if from unavoidable causes, he will be paid for it at the same unit price paid for other excavation. In the event of work being proceeded with in the winter no snow ar ice will be placed in the embankmen<s or allowed to be covered up in them, and all frozen earth must be excluded from the heart of the embankments. CLASSIFICATION The contractor will under this contract handle that material herein classified as earth. He will be required to strip all solid rock within the Jimits of the excavation to the satisfaction of the engineer. Earth will include clay, sand, gravel, loam, decomposed rock and slate, stones and boulders containing not more than one cubic foot and all other matters of earthy nature no matter how compact they may be. This contract is not to include any other excavation except that classed above as “earth,’’ the Board making other disposition of the removal of the rock excavation. CLEARING The Board will have the right of way cleared of all trees and underbrush and such other ma- terials or obstructions as may be in the way of the cuts or embankments. They will also have all stumps of trees, saplings and brush carefully pulled by the use of astump puller and where necessary will use dynamite. This work will be done with reasonable care for the removal of the roots but be- yond this reasonable care in clearing the Board will not be held responsible for any difficulty found in making excavation through such cleared places, and the contractor will be required to accept the judgment of the engineer in regard to this matter. OVERHAUL AND HAUL In estimating the value of the work done by the contractor, the prices of excavation will be ap- plied to all material whether within the boundaries and above the grade or whether outside where excavations are made to obtain material for supplying deficiences or other work. The price named per cubic yard in the bidder’s blank is intended to apply to all excavation made by the contractor for the purpose of building the road or its appurtenances and shall be hauled a distance not to exceed eight hundred feet, the measurement to be made from the center of the bulk of the excavated material to the center of bulk of the dump or embankment. The price to be paid for all hauls over eight hundred feet will be named in the ‘‘bidders blank’ under the head ‘‘Overhaul’’ and will be measured in the same manner as the free haul as given above. Measurements of all quantities will be made in excavation before their removal. GENERAL CONDITIONS The contractor must satisfy himself of the nature of the work, the location, the form and gen- eral conditions pertaining to the ground and its surface. He must form his own opinion of the quan- tity of material to be moved, and of all other matters that may in any way influence his contract. No information given by or gained through the engineer or his assistants will in any way relieve the contractor of any of the risks or from the strict compliance with the terms of this contract. PROVISION FOR CHANGES The quantities and the disposition of the excavation and embankment may be changed during the progress of the work, at the direction of the enginter, by alterations in the grades or the align- ment, curves or dimensions or plan of any part of the work, or by increase or diminuation of the length of section, and the calculation of quantities will be made anew for final settlement with the contractor. No extra charge will be allowed on account of any change as noted above and the prices named in the contract are to be taken and considered as full compensation for all the work done de- termined by the measurement as herein agreed upon. DELAYS No charge for delay shall be made for any hinderance in carrying on the work no matter what the cause of delay may be; but it may entitle the contractor to an extension of the time stipulated in this contract for the completion of the work. This time or allowance shall be determined by the en- gineer in charge of the work and shall be considered, only, if the contractor gives immediate notice to the engineer of the cause of delay. DEFECTIVE WORK The engineer shall have full power to reject any and all defective work or work which in his opinion does not conform to the spirit of the foregoing specifications and contract, and shall have the power to direct the application of the contractors forces to any portion of the work which in his opin- ion requires it. Should the contractor refuse to perform such betterments as may be required the engineer shall have the power to have same done and charge the expense to the contragtor and de- duct the amount of the cost of same from any moneys due the contractor by the board. DISCIPLINE Disorderly, quarrelsome, or incompetent and unskilled employees must be discharged by the contractor on demand of the engineer in charge of the work and not be employed again without his permission. Contractors will not be permitted themselves nor by their agents or employees to give or sell any intoxicating spirits to their workmen nor any other person at or near the line of the road nor to allow it to be brought on the work by their employees or any other person. They will be expected to discountenance the use of the same by their employees or any other person at or near the work. CAUTION The contractor will carefully preserve the bench marks, reference points and stakes, and in case of wilful or careless neglect they will be charged for replacing the same and the same be de- ducted from their estimates. The contractor shall not let or transfer his contract or any part of it, or withdraw his constant personal attention on the work without the written consent of the engineer endorsed on these articles of agreement. The work will be executed under the constant supervision of the engineer of the county or his properly authorized assistant, by whose measurements and calculations the quantities of the work performed shall be estimated and whose determinations shall be conclusive on both parties. BOND The contractor shall give a bond with some Surety or Trust Company dul ecuted and a proved by the Board of County Commissioners. The bond shall be in the sum of 4.2 0.0..2—. and so conditioned as to insure the completion of this contract strictly within its terms. ' PROTECTION OF PERSONS AND PROPERTY The contractor shall during the progress of the work use all proper precautions by good and sufficient barriers, guards, temporary bridges, etc., for the prevention of accidents, and at night put up and keep suitable and sufficient lights, and he will indemnify and save harmless the County against and from all suits and actions of every name and description, brought against it, and all.costs and damages to which the said County may be put for or on account or by reason of any injury Or alleged injury tothe person or property of another, resulting from carelessness or negligence of the contractor or his agents or employees, in the performance of the work or in guarding the same or from any act or omission of the contractor, his agent or employees, and the County shall retain all or so much of the moneys due by reason of the work under this contract as may be considered necessary until all claims for damages as aforesaid shall have been settled and satisfactoryevidence to that effect furnished. BIDDER’S BLANK The County, for and in consideration of the true and faithful performance of the covenants made by the contractor hereby agrees and covenants to and with the contractor as follows, to-wit: First, to pay or cause to be paid to the contractor, his executors or administrators, the rates and prices hereinafter named, 4 For earth excavation as heretofore specified, per cubic yard... .~ oe For Overhaul as heretofore specified, per cubic yard..-__--. Of iweaee Second, and the County agrees to pay to the contractor at the rate aforesaid monthly at or about the tenth of each month for all work done up to and including the last day of the preceding month, as certified to by the County Engineer to be in accordance with this contract, less ten per centum of such amount which percentage shall be withheld until the final completion and acceptance of the work under the terms and agreements of this contract when the balance due, together with the percentage so retained shall be paid by the County upon the report by the County Engineer that the whole work proviced for under this contract is completed and acceptably finished within the time specified. Third, and it is agreed that the engineer, in comparing the said final estimate of the quality, character and value of said work and giving his final estimates need not be bound by the preceding estimates and reports but such prior estimates and reports shall be held to be only approximate to the final estimate. The monthly estimates and reports on unfinished work shall in no case be taken as an acceptance of work or as a release of the contractor from responsibility thereof until the final estimate is made and the work in its entirety is accepted as complete under this contract. 3u Witweas Whereof, The Chairman of the Board of Coynty Commisgigners of Iredell County, North Carolina, has signed the same and the said has hereunto set his or their hand and seal the day and yeara BOARD OF Mo OF IREDELL COUNTY. WE CJL“ _L-C Alen __.. Chairman. —GOOL SPRINGS ROAD ESTIMATE NO.S QUy | J. %. PLOTT CONTRA CTOR. Rd Statesville, N. C. Apr.IOth, I9I3. Mr. M. A. Feimster,Ch'rm'n., Beard County Commissioners, Statesville, N. C. Dear Sir:- ; The following is the amount of work done o nthe Cool Springs read by contraeter J. T. Plott during the month of March and April I9I5; showing the work done , the place where it was done, a retained percentage of the entire work, and the amount due and payable to Nr, Plott on this day under contract. Sta. 0 - IO. 245.9 cu.yds. road complete G ) #56 .56 Allewanee this estimate 00% ___ 56.56 Completed. Sta. 2II - 220. 588.8 cu.yds. road complete Allowance this estimate Completed. Sta. 237-20 - 244-60. 277.8 cu.yds. road completé Allewance this estimate Completed. Sta. 349-65 - 556-50. 917.0 cu.yds. @oad complete Allewance this estimate Completed. Sta. 259-80 = ZéI 436.I cu.yds. Allevanes thi Complet :d. Sta. 378 - 388-60. 380.1 cu.yds. road complets Allewance this estimate completed. Sta. 385-50 - 409-70. 2048.5 eu.ydse. road complete Allowance thie estimate Comoleted. Sta. §II-IO - 436-90. 1890.4 ewu.yds. road complete Allewance thie estimat> cempleted. Sta. 438-30 - 446-10. 804.8 eu.yds. read complete Allowance this estimate Completed. Sta. 448-55 - 458-50. 576.0 cu.yds. road corplete Allowanes this estimate Completed. Sta. 459-20 - 460-6¢. 147.7 cu.vds. road cc gllewance tuis er*tinate Completed. Sta.462-20 - 47 895.7 cu.yde. road Allowance thie estin Completed. Hauling 215 joints 12 & 18" Laying Id lines _—<- Amount due contracter on this estimate. ro iy COOL SPRINGS ROAD ESTIMATE NO.5 J. T. PLOTT CONTRACTOR. Statesville, N. ©. Apr. 10th, I9Id. 5.56 355.78 9.05 17.96 Sta. I0 = 15-15 Sta. I7-15 - 84-75 Sta.25-60 - 30-50 Sta. 31-60 = 37-70 ee ce eee ee SF me ee eee ee cree crt ee ree Ee ere cere ee ee ey SE ee Sta.58-30 - 39-60 40-50 - 48 Sta, Sta. Sta. Sta. Sta. ta. Sta. Sta. Sta. Sta, Sta. Sta. Sta. Sta. Sta. Stax o Tc XQ ta iv 49-I0 53-60 61-60 66-40 84-5 88-60 98-20 - I0s - TI8-—50 124-25 I30-I10 137-50 141-45 146-15 eke Ban Q = 50-60 60-350 BEAD: snsnds------- 82-75 86-60 97-80 I03 Ii7 122 129-75 135-65 I39=-70 -------- 145-760 -- 149-50 -------- 158-75 ------- Ié I- 80 ee —— -—— ee ee ee me —— oe ee ee Oe ee ee aww rare « = | eww 74.70 I.40 18.85 4.,ic 27.01 5.16 I1I.80 7.09 15,54 2 5] vee 6.06 16.43 5.24 4.66 7.aI z.00 I5.79 10.61 19.89 7.70 11.14 I5.67 350.46 18.5¢ 3.75 9.28 11.46 o2 ews 07 66 66 ~ IO 168-80 - I70-85 I8I-20 Sta. [80-65 = 190-20 Sta. I9I- - O Sta. I9S- 80 - 3 + YY Sta. 220 - Sta. 323 Sta. 2834-00 Sta. 225 = Sta. 255-50 Sta. 247 - Sta. 254 = Sta. 260-20 Sta. 288 Sta. 3894-50 Sta. 298-70 Sta. 304-50 Sta. 309-50 Sta. 215-20 Sta.3I9 60 - Sta. 330-70 = 355-5 ------- etal retained percentage Total amount due contractor This arount ie due and payabdl April I0th, I9I16. Sta. Sta. I76 - OD © a we n o-= 34 4, 2 j O40 I 1 - ) "OOOOOCO e+ 4 © DH Pe OO 2ca tO Oo DD >@ et 40 ~ I rong om Pete C ¢ ne ne ! heacovsa4 Co. Comm. OFFICE OF IREDELL COUNTY ENGINEER J. B. ROACH, ENGINEER 4/11/13. BS ; The payment to me of a portion o the percentage to be retained under the contract until the final acceptance of the work by the County wild not be construed by me as such final acceptance and any part of or all such retentions that may be left in the hands of the County will or may be used if found necessary for the final completion of the work on the road known as the Cool Springs Road to which said contract above mentioned applies. oe J “xb V - 4O BDITIO “S YTUUOSD IAASZAGRAI 2 @ CHIPLEY FORD ROAD ESTIMATE NO. I J. T. PLOTT CONTRACTOR. Statesville, N. C. Way IOth, I9I3. Mr. M. A. Feimster, Caairman, Board County Commissioners, - $tatesville, N. C. Dear Sir:- The fellowing is the amount of work done on the Chipley Ford Boad by contractor J. T. Plott during the month eof April I9I3; showing the werk done, the place where it was done, and the amount due and eo te Mr. Plett on this day under contraet. Sta. 26-70 - 28-40. 475.I eu.yds. read complete @ oo $101.72 Allewanece this estimate * ane £7.55. Unfinished. 4 10,17 Sta." 30° =—"40 (km. ) 505.4 eu.yds. road egompleted @ <slIu¢ 76.41 Allowanee this estimate ; o 68.77 | Unfinished. A 7.64 Sta. 40-70 -— 42~+75. ; 402.2 eu.yds. road complete 86. 47 Allewance this estimate Unfinished. Sta.44 -— 55-40, 809.2 cu.yds. read complete @ > Allowance this estimate o _1s6158 I56.58 Unfinished. 4 17.40 Sta. 56-55- 67-65. 650.8 cu.yds. road cemplete Allewance this estimate Unfinished. Sta. 70-I5 - 80-50. 375.1 ecu.yds. read cemplete Allowance this estimate Unfinished. Sta. 84 - 95. 531.5 cu.yds. read complete Allewance this estirate Unfinished. Sta? 03 = 99. (Overhaul ) 1272.6 cu.yds. read complete Allewance this estimate Unfinished. Sta. °9 -— I07-45. 1286.5 cu.yds. road eomplsete Allewanee this estimate Unfinished. Sta. 1I3-85 - 180. 1220.5 eu.yds. read complete Allewanee this estimate Unfinished. Sta.I2I-70 = [33-+75. 708.5 cu.yds. road complete Allewance this estimate Unfinished, IO Hauling 126 jeintsa I2" Terra Cotta Pipe 68 ° 34" . ° . Laying II lines . _ ' . 2. } ' nf? 8 O}M . i* + Less 10% centract prevision t 1 co tract + n this e eis aeeunt is” ue an bayab e not £85? #k2n TOth, ef May I9Is. Engineer. 96<-<-4-5-e"""" Approv Ch'r'm'n. “CHIPLEY F FORD R PIMA’ E WO. Mr. M. A. Feimster, Chairman, Board County Commissioners, Statesville, N. OC. Dear Sir:- Statesville, N. C. June I0th, I913. - 4% The following is the amount of work done on the Chipley Ford Road by contractor J. T. Plott during the month of May; showing thework done, the place where it was dong,and thw amount due and payable to Mr. Plott On this day under contract. Sta. I+80 - I5-30. 504.2 cu. yds. road complete Allowance this estimate Unfinished. Sta. I5-40 - 325-50. 1865.9 ecu. yds. road complete Allowance this estimate Unfinished. Sta. 26-I0 = 35-80. 1329.3 ew. yds road complete Allowance this estimate Unfirished. Sta. 1234-80 - I46-I0. 257.4 cu. yds. road complete Allowance this estimate Unfinished e Sta. I49 - I7I-I0. 949.8 cu. yds. read complete Allowance this estimate Unfinished. Sta. 172-90 - 183-75. 477.I cu. yde. road complete Allowanee this estimate Unfinished. Sta. I86-60 - ISI. 533.2 cu. yde, road complete Allowance this estimate Unfinished. Sta. I92 - I94. II8.6 ecu. yds. road complete Allowance this estimate Unfinished. Sta. I96-80 - 208-320. 468.8 cu. yde. road complete Allowance this estimate Unfinished. Sta. 2I1I - 213, I8.6 eu. yde. road complete Allowance this estimate Unfinished Sta. 215-60 - 234-I5. 701.2 eu. yds road complete Allowance this estimate Unfinished. Sta.235-30 - 2359-55. 279.3 eu. yde. road complete Allowance this ssetimate Unfinished. Sta.240-90 -— 24°. 58.2 eu. yds. road complete Allowance this estimate Unfinished. Sta. 245-65 - 251-50. 404.3 eu. yds. road complete Allowance thie estimate Unfinished. a aa) saat $108.40 401.17 361.05 "40.12. 285.80 857.28 55.34 - Aes 8i 5.55 204.21 183.79 | 20.43 102.58 92.32 10.26 71.64 - 64.48 7.16 25.50 32.95 2.55 100.79 90.71 4.00 5.60 | 40 I50.76 135.68 | 15.08 60.05 . 54.08 10.08 $97.56 ere - | 13 cartier seen iaiae deereie XO. 2 Sais i ee ke PLOTT CONTRACTOR. Sta. 3252-25 - 255-85. 63.0 cu. yde. road complete @ 281i¢ Allowance this estimate 90% Unfinished. Sta. 254-25 - 367-90. 772.0 cu. yds. road complete Allowance this estimate Unfinished. 163.8 eu. yds. road complete Allowance this estimate Unfinished, Sta.272-70 - 273-30, 15.6 cu. yds. road complete Allowance this estimate Unfinished. Sta. 374-50 - 377-25. I07.0 cu. yds. road completed Allowance this estimate Unfinished. Sta. 202 - 310-50. 187.9 cu. yds. road complete Allowance this estimate Unfinished, Sta. 3II-I0 — 3230+90, 966.0 eu.yds. road complete Allowance this estimate Unfinished. Sta. 332-40 - 338. 2320.6 cu. yds. road complete Allowance this estimate Unfinished. S$ta.338 - 2745-0. 3458.6 cu. yds, road lete Allowance thie eetimate Cnfinished. Hauling 289 joints Is" Terra Co ™ I5 "* Is" a" n 16 " 34" n Laying I8 lines . $3460. Ts Lees 10% contract provision 246.01 _ Total amount due contractor on this estimate > Thies amount is due and payable not later than the I0th, of June I9I5. YW OF Yicttt fx Approved=—- <— =- <~------* —- <9" ------- Ch'r'm'n. Board Co.Comm. C IPL foi ip ernotr NO.3 | a J. T. PLOTT CONTRACTOR. . a Statesville, N. C. July I0thn, IIS, ‘Mr. M. A. Feimster, Chairman, Board County Commissioners, Statesville, N. OC. Dear Sir:- The following is the amount of work done on the Chipley Ford Road by contractor J. T. Plott dvring the month of June; showing the worx done the place where it was done, and the amount due and payable to Mr. Plott on this day under contract. Sta. 279-60 - 287-80. 529.1 cu. yds. road complete : $113.76 Allowance this estimate. i : [eee Re $103.28 Unfinished. a Sta. 288-30 - 302. 23.4 cu. yds. road complst: Allowance this estimate. Unfinished. Sta. 338 = 345-<‘0. 3458.6 cu. yds. road complete Allowance previous estimate Allowance this estimate Unfinished. Sta. 338 - 345-20. (Overhaul) 1729.3 cu. yds. Sta. 246-80 - 352-20. I4.9 cu. yds. road complete Allowance this estimate. Unfinished. Sta. 357-50 - 262-45. 663.9 cu. yds. road complete Allowance this estimate Unfinished. Sta. 261-75 -—- 368-60. 268.7 cu. yds. road complete Al kowenee this estimate. Unfinished. Sta. 374-48 - 372-75. III6.6 cu. yds. road complete Allowance this estimate. Unfinished. Sta. 444 - 447-65. 220.6 Cue yds. x ad Cor Pp} ste Allowance thie estimate. tote ished. S$ ta. 44° -60 - 456. 200.2 cu yds. road c Allowance thie estigate Unfinished. Sta. 457-25 - 52.6 cu. yds. Allowance thia Nnfinished. Sta. 467-90 - BO86 .6 cu. “yde Allowance thi: Tnfinished. Sta. 475 - 484 698.2 ou. yde. Allowance this Unfiniehed, Sta. 482-80 - 48 70.4 cu. yde. Allowance this e Unfinished. amnia su ~~ UND fie a eh pads " QRIPLEY. FORD ROAD ESTINATE ‘NO. — J. T. PLOTT CONTRACTOR. ~ Sta. 486-60 - 496-60. 7355.4 cu. yds. road complete Allowance this estimate, Unfinished. Sta. 500-30 - 514. 405.6 cu. yds. road complete Allowance this estimate. Unfinished. Sta. 515-30 -— 517, 33.7 cu. yds. road complete Allowance this estimate. Unfinished. Sta. 535 - 540-65. 367.6 cu. yds. road complete Allowance this estimate. Unfinished. Sta. 541-70 = 566. 885.I cu. yds. road complete Allowance this estimate. Unfinished. Hauling I98joints of " 14 " " " ye de 4 " & Laying I7lines * Less I0% contract provision Total amount due contractor on This amount id due and payable the IOth., of July ISI3. 7“ tpprove ee Lees he SN Ch'r'm'n. Board Co. $158.11 jO WO CO ® oo} no ©} 60 DD IO oy} IO DIO OOO > thie estimat not late than cole POV Oe SVbl sry KITA Statosville, N. C. July 26th, ISIS. Mt. M. A. poimeter, Chairman, Board County Commissioners, Statesv lie, N. ¥. Dear Sir:- The following is the amount of clearing déne on the Chipley Ford road by contractor J. T. Plott during the month of July; also a retained percentage on the Elmwood roxd to be paid whe: completed. &.5 acres clearing (Chipley Ford Road) @ $85.00 per. acre $318.50 Total retained percentagp (Elmwood Road) 484.57 Amount deducted for leveling road 800.00 Due contractor on Elmwood Road 284.57 03% «ot Total amount due contractor on both roads $7 6.87 4 si, Kf 2 FE MA LY Enginesr Approvsd - Board Co. Conn. ¥ | | 2 aA re Zé whe "Ot ad che? BOA 7 ee a Teas ee al .e OHIPLEY FORD ROAD ESTINATE No.8 . J. T. PLOTT CONTRACTOR. Mr. M, A. Feimeter, Chairman, Board County Commissioners, St&@tesville, N. Cc, Deze Sir:- The following is the amount of work done on the Chipley Ford Road by contractor J. T. Plott during the month of July I9I3; showing the work done ,the place where it was done, also a retained percentage , and the amount due and payable to Mr. Plott on this day under contract. Sta. 269 —- 373 (Emb.9 Statesville. NM. C, Aug. 9th, I9I3, w05.5 CU. yds. road complete @ 2li¢ $71.66 Allowance this estimate TOR ns FE BB 71.66 Completed. Sta. 280-50 = 291-40. 660.8 cu. yds. road complete @ ele¢ 143.07 Allowance this estimate __ 105% _ _._ 148,07 _—| 142,07 Completed. aaa Sta. 3226840 = 896-40. SSI.9 cu. yde. road complete @ 2Ii¢ II4.36 Allowance thie estimate. 100 TKS II4.36 Completed. Sta. 401-20 - 4II-60. I609.I cu. yde. road complete cl e¢ 545.96 Allowance this eetirate I00% 345.96 345.96 Completed. Sta. 32.6 - 400. (Emb.) I66.7 cu. yds. road complete @ oT s¢ 5.84 Allowance this estimate ___I0U% __ 35.84 35 .84 Completed, Sta. 417-40 - 416. 618.5 cu. yds. road complete @ ln¢ 46.98 Allowance this estimate _ 100% 16.98 +6. 98 Completed? Sta? 417-35 - 420-6", 1025.8 cu. yds. road complete cl.¢ 820.55 Allowance this estimate _100" __220,55_ 220.55 Completed. Sta. 423-85 - 429-25. 1452.6 cu. yds, road complete BIs¢ 312,52 Allowance thie estimate 100% __ 313,53 $12.52 Completed. - - Sta.430-50 - 444. 656.3 cu. yde. road mplete ol. 184.10 Allowance this estimat __TOC 184,10 184.10 Compieted. Sta. 517 - 533. I0S4.8 cu. yde. road c Allowance this estirate _ 100° £55 ,38 255.38 Completed. I ed Sta. 526-50 - 532-50. 778.4 cu. yds. road complets ols¢ 166.07 Allowance this estimate _ 100% 166.07 166.07 Completed. - Sta. S66 - 586-60. IS48.8 cu. yde. road com; let ol. ¢ é Allowance thie esetinate 1004 333,96 352.99 Completed. Sta. 5687 - S89. (Emb.) 6175.7 cu. yde. road complet S 81x; +67.77 Allowance this estimate __ JOOe 167.77. 467.77 Completed. Sta. 594-80 - 605-60. 616.4 cu. yds. road complet Allowance this estinete Sta. 606-60 - 623-75 4 OO _~ ne Ae cy — 664.6 cu. yds. riad complete SIe¢ Teé5 .8: Allowance this estimate ___ JOO" a 28S 185.89 Completed. - gaipLEY FORD ROAD ESTIMATE NO.4 W 5. tv. PLOTT CONTRACTOR. Sta. 685-80 - 631-20. 354.4 cu. yds. road complete @ 38ii¢ $76 .2C Allowance this estimate GE re 3 76.8 Completed, Sta. 632-60 =~ 6205-20 431.7 cu. yds. road complete @ 2Ic¢ 92.81 Allowance this estimate 1067 te a a 98.8] Completed. Sta. 642- 644-80. 62.8 cu. yds. road complete @ aIu¢ 13.46 Allowance this estimate SO FORR EIB 13.46 Completed. Sta. 647-IO - 650-50. 194.3 cu. yds. road complete @ 2l1a¢ 41 .%% Allowance this estimate 100% 457 41,77 Completed. Sta. 651-20 - 666-80. 431.3 cu. yds. road complete @ 21z¢ 92,73 Allowance this estirat __ 100? 8,73 93.72 Completed. Sta. 668 - 675. 235.2 cu. yds road comple te @ 2Iu¢ 78,07 Allowance this estimate JOO! B07 73.07 Completed. Ha ling 200 jginte Is" Terra Cotta Pipe e0¢ per joint 40.00 " 2d AJ Ta" n n " nr rw n v 5.00 vaying 14 lines " r mn "2,00 " line _28.00 __ *3457.14 LeesIO® contract provision ___ 345.71 Amount due contractor on this work ¢SlII.43 Retained percentage Sta. I-80 - I3-3C 10.84 Sta. 15-40 - 25- 0 40.16 Sta. 26-I0 - °5-80 38.58 Sta. 36-70 - 78-40 10.17 Sta. 39 - 4C 7.64 Sta. 40-70 - 42-75 8.65 Sta. 44 - 55-40 17.40 Sta. 56-55 - 67-65 I3S.9°¢ Sta. 70-I5 -— 80-50 8.06 Sta. 84 - 9S Il .4¢ Sta. 9: - o9 31.04 Sta. 99 - IQ7-45 27 .66 Sta. II3-85 - 1280 26.2 Sta. I21-70 = 132-75 15.22 Sta. 154-20 - I4€-I0 §.53 Sta. 149 - I7I-IO 20 .42 Sta. 172-90 - I8°~-75 10.26 Sta. I88-60 - I9I 7.16 Sta. I92 *. TO4 8.55 Sta. I96-80 - 208-20 10.08 Sta. 2it - 213 +40 Sta. 215-60 =- 224-I5 15.08 Sta. 235-30 = 229-55 8.00 Sta. 240-00 - 24% . 84 Sta. 245-65 25 I-50 8.6¢ Sta, 250-25 253-85 I, 35 Sta. 254-25 - 267-90 16.60 Sta. 36° 871-70 5.50 Sta. 272-70 275<50 e350 Sta.274-50 377-25 6.30 Sta. 279-60 287-80 11.58 Sta. 288-30 302 I5.55 Sta. 792 510-5 4.04 Sta. 21-10 230-90 20.77 Sta. 352-40 338 6.8¢ ere ee Re Ae in Fo | es QHIPLEY FORD ROAD ESTIMATE NO.4 ~~ J. 7, PLOT? CONTRACTOR. Sta.358- $74.36 Sta. 346-80 58 Sta. 357-50 14.27 Sta. 364-75 37.288 Sta. 374=48 34.00 Ste. 444 4.74 Sta. 445-60 4231 Sta. 457-35 20.14 Sta. 469-90 44.°¢ Sta? 475 15.01 Sta? 483-80 I.51 Sta. 486-60 15.81 Sta. 500+30 8.72 Sta.51I5 -30 72 Sta. 535 - 7.90 Sta. 541-70 - 566 I9.03 Total amount due contractor on this estimate This semount is due and payable on or about the I0th of August I°CIs. GE J (/ Engineer. i! t Jerrohlet. Approved 22827 ---------------=-- C'h'R'M'N. Board Co. Comm (FA [7 f 2 Mae tA -_ a FA AV YOY =D LD 2/4/ -F} boson gwrneg 4 OGD LO CHIPLEY. ‘FORD ROAD “ESTIMATE No. J, T.: PLOT? CONTRACTOR. Statesville, NW. C. Sept. end, I9i3, Mr. M. A. Feinster, Chairman, Board County Commigesioners, Statesville, N. C. Dear Sir:- The following is the amount of work done on the Chipley Ford road by contractor J. T: Plott during the month of August I9I23; showing the work done, the place where :t was done, also a portion of the retained percentage of the entire work , and the amount due and payable to Mr. Plott on thie dd@dy under contract. Sta. 675 - 680-80. : 378.1 cu. yde. road complete @ ocr Allowance thie estimate ; g Completed. Sta. 682-30 -— 708-40. 1670.8 cu. yde. road complete Allowance this estimate Completed. Sta. 705-50 - 717(Emb'k't.) 686.8 cu. yds. road complete Allowance this estimat: Coipleted. Ste. 7I0+90 -—- 729méA0. 1047.2 cu. yde. road complete Allowanc e this estimate Completed. Sta. 737-30 738. 491.6 cu. j Allowance Comple t ed ° Hauling n Laying Lees 10% Amount EeT. Eset. Est. Total amount This amount ie due and Band, day of Sept@ber ge } é Lo WaarA Engineer. A TE ont oS dere letye BLES; ~ Bijen Prve® PO Ben : ZY 4 = OFFICE OF IREDELL COUNTY ENGINEER J. B. ROACH, ENGINEER STATESVILLE, N, C. The paym t i h payment to me nm of the percentage to retainec unde efrrarntanre ~~ } on ‘ acceptance of the County,wili al the contract until acceptance 4 - ew retentions biale) 4 od road known ed appliee. “ LEWIS FERRY POAD ‘ESTIVATE NO. I i J. 7. PLOTT CONTRACTOR. By + , Btatesville, N. C. Sept. 10th, ISIS. a wy, Mv. A. Feimster, Chairman, Poard County Conmisecioners, ; Statesville, N. C. Dear Sir:- The following is the amount of work done on the Lewis Ferry Road by contractor J. T. Plott during the month of August ISIS; showing the work done, the place where it was done, and the amount due and payable. to Mr. Plott on this day under contract. Sta. 1-70 - 7-50. 210.2: CUs yd@. road.cc Allowance this estimate Completed. Sta. 8-I0 - I7-50. 577.8 cu, yds. road comple Allowance this estimate Compl Stas; 30 = 37-20. “ 715.5 cu. yds. road compl: Allowance thie eetimate Completed. se ~~ Ww Ww mp 1 ar Sta. °8-50 - 46-20. 443.4 cu. yds. road Allowance this eetin: poms ted, o+ 4 -“ es FERRY ROAD ESTIMATE NOI. a P - T. PLOTT CONTRACTOR. “Clearing 2.5 acres of right of way @ {$75.00 per ecre $187.50 Healing 339 jointe of I3" Terra Cotta Pipe @ IS¢ per j 50.85 So Ta" * @ IS * 11.25 Leyin« a5 lines ” ’ y ° @23.00 * ine 50.00 _ $ezer. 74° Leese 10% contract provision 258-17 Total amount due contractor on this estin This amount is dus and payable on or ot ths TOth., of September ISI5. Fng yineer. po Me a ee Ym f(t} 2 2; Rn 2 Pn vy Vil r’m'n. ouara vo. VLOMM. LF: pPlatf > 2G aleind if, UL thAh a rr? Prvity fb pedin hp sole 19183 ey / V Atcewwet BH 2 5 / 510.4 cu. yde. road complete G 32 I ste Statesville, N. C. Oct. 10th, 19%. Mr. M. A. FEimeter, Chairmin, Board County Commissioners, . Statesville, HN. C. Dear Siri- The following is the amount of work done'on the Lewis Ferry Road by coatractor J. T. Plott during the month of September I9I2; showing the Work done the place where it was done, and the amount due and peyable to Mr. Pictt on thie day under contract. Sta. i: - I<7-50. “ Ts ¥109.74 054 109.74 S109. 74 a Allowance thie estimate ‘ Completed. Sta. 148-80 = $3. SO6.0 cu. yde. road complete @ ZI. 65.79 Allowance this estimates 2 $5.72 65 ,7% Completed. Sta. 154-.0 = 156-60. 52.2 cu. yds. road compiete 61.7 II.282 Allowance thie estimate 0 II .22 11.62 Completed. Sta. I58-.5 = 160. 812.5 cu. yds. road complete < 45.60 Allowance this eetirate : 45 .69 Completed. Sta. 170-2 - 162. 221.5 cu. yds. road complete . 47.62 - Allowance this e: timete 0% 47.62 Completed. Sta. 185-.0 - 188-75. S00. cu. yds. road complete Allowance this estirate Completed. Sta. l@te4i - elo. TIS6.7 cv. yde. road corplete Allowence this eestinate Completed. Sta, 212 = £1ve70. 412.4 cu. yds. Fouad complete Allowance thie estimate Completed. Sta. 221-40 = 2258-40. 574.5 cu. yds. Foad corplete Allowance thie estivate Completed. Sta. 229-55 @ 2bé-w. 564.2 cu. yde. froad complete Allowance thie cstimate Completed. ta. 2625-.5 = 276-20. pOO.2 Gu. yds. roa. complete Allowance thie eetimate Completed Sta. 278-75 - 286-_5. & 756.2 cu. yds. road complet: Allowance thic estimate Completed. Sta. 288-55 = 27-8. V 475.3 ou. yas. road complete Allowance this eetimats i [ol.76 Completed. Sta. O98-(5 = (22-60. 1946.7 cu. yds. road complete 4186.54 Allowance this estimate : 54 Completed. 8 Dhwre rerey roap estiuate 10.2 Je T. PLOTT CONTRACTOR. F Sta. 324 ~ 343. f ~ YO87.5 cu. yds. road complete @ ZI1a¢ $2333.81 r Allowance this cetimats 108% 53.81 £233.81 Completed. Sta. 245 - 254-20. uw 825.2 cu. yds. road complete @ Zlzs¢ 179.56 Allowance thie estimate JO0% 179.56 Bta. B56-20 - 364-6 o- $51.5 cu. yde. road complete @ 21% 114.23 Allowance thie estinate Jour 1i.2. Completed. Sta. 264-60 - 267-10. Y 62.0 cu. yds. road complete 3@ ¢ c4 83 Allowance this estinate $4, 25 Completed. Sta. 369 - 276. & $872.0 cu. yds. road complete @ 2154 187.48 Allowance thin estirate OOF 187.48 187. Completed. Gleering 2.8 acres right of way © $75.00 per acre 210.0 Hauling 547 jointe of I2* Terra Cotta Pipe @ s80¢ per joint 69.40 " 69 “ " 18" " n ® 9 20¢ " " Is. 80 Laying 27 lines ” . ° % OO ° 2 54.00 2626.05 Bess 10% contract provision 289.60 Total agount due contractor on tunis estirate- -- ~~ -=---~--~=-=—$0606 .4¢ Thie amoun: is due amd payable om or about the [0th of Qctobder IIs. GB. Rosa eh / (/ Engineer. Approved- LAE Meerttle. ow Ch'r'm*n. Board Co. Comm. ee AD fUZ I EVIYOVOL e AD ESTIMATE NO.S ; | 3 HTRACTOR. : DE sage. ie ‘Statesville. NW. C. Oct. 20th. ISIS. S> Mp. M. A, Feimeter, Chairman, ‘Board County Commissioners, y ere. Ceateavllie, Bio. Dear Sir:- an The following is the amount of work doné on the Lewis Ferry Road by contractor J. T. Plott during the month of October I913; showing the work done, the place where it was Bone, also a portion of the retained petcentageof the emtire work, and the amourt due and payable to Mr. Plott om tiuis day umder contract. Pe Sta. 376 mo 380-3 * 883.9 cu. yds. road complete @ : $61.04 Allowance this estimate 61.04 $61.04 Completed. Sta. 381-85 - 386~-I0. ~“ 686.6 cu. yde. road complete : 122,25 Allowamce thie eatinate 128.25 Comp’ eted, Sta. S66 - 389 (Emb'k't.) *- I00%.8 cu. yds. roxd completes @ 21i¢ 815.59 Allowance this estimate IO 315.3 Complwted. 4271.7 cu. yds. road complete 3Iu¢ 905 . 51 Allowance this estimate 1004 905.5] Completed, te Sta. 426-70 + 457-40, 7OI.9 cu. yde. road complete SIs¢ 150.99 Allowance this estimate LOO% 150.9% Completed. 589.6 cu. yds. road complete 8Ii¢ IIZ. 90 Allowance this estimate 1004 __I93.¢0 113.90 + Sta. 453 - 455-50. 165,7-cu. yds. road complete ele 55.62 Allowance this sestinate JOO" 55.62 uo} 62 Completed, Sta. 456-85 - 462, * 2046.5 cu. yds. road complete @ a2lIa¢ 43.96 Allowance this estimate 1004 43.96 _ 45.96 Completed Haviing 850 joints I2" Terra Cotta Pipe BO¢ per joint 50.00 a 50 ” Is* n # # n f . I0.00 Laying I8 lines ? . . 2.00 " line 36 .00 Clearing .8 acres Right of Way 75.00 8 acre 60.00 ~$Te04 .66 Less I0% contract provision Amournt due coamtractor on this work--------- Est. #1 contract provision of I0¢ $238.17 ® a e ° = 289.60 7 s : ° _ > 0.47 Total contract provision of 10% Feb 24 504 * ® ® e 4.12 — oo4.i2 . 34.16 Total amount due contractor on thir etima te--~--------.~--~---$] 978.27 This amount ie due on or about the 20th, day of notober I9I5. LE Kanes, neer. * Mseoved. 2 MEA een cate. Ch'r'm'a. Board CO. Comm. Taaeler 27 b¢ 34H Se thisrri at, Tes fv : sen.” ve M. Po datueier, Chaizkaa, Board County Commissioners, Statesville, NW. Cc. ‘Dear Sir:- The following ie the amount of work done on the Fast Vonbo Road by contractor J. T. Plott during the month of October and November I[9Ii; showing the work dome, the place where it was done, and the amount due ead payables to Mr. Plott on thie dry under contract? Sta. 0 ~ &-I0. 107.7 cu. yds. roa dad complete @ pa $23.15 Allowance thie estimate 23.15 _ $25.15 Completed. Sta. 5-45 - II-30. 308.4 cu. yde. road complete 4% 08 Allowance this estimate .02 Completed. Ste. I4 - 22-50. 592.2 cu. yds. road complete @ 1287.22 Allowance this estimate _jé7.352 Completed. Sta. 24-60 - 30-50. 473.9 cu. yde. road complete @ ° Allowance thie estimate. 0" [O1.89 Completed Sta. S196 - 49-10 . 558.6 cu. yde. road complet § Allowance this eetimate OF eo { 120.10 Completed. Ste. 55-60 - 57-25 275.7 cu. yds. road complete Allowance thia estimate Completed. Ste. 5 = 69-10. 480.4 cu. yde. road completes ¢ Allowence this estimate é 5» a 10. .269 Completed. Sta. 70-50 = 7-45. 28.1 cu. yds. road complete Allowance thie estimate Completed. Sta. 74-75 - SI. 778.6 cu. yds. road complete Allowance this estizste ( . 167.40 Completed. Sta. Y<e-90 - 98-5. I9S3.I cu. yds. road complete Allowarac: this eetimate Completed Sta. 99-56 - 106-80. 438.7 cu. yde. road complet 3 Allowance this estimate Completed, Sta. 108-05 - IIt5-25. 657.5 CW. ‘yas. roed complete @ a4Ix¢ Allowance this estimate Comp] e ted. Gta. 117-75 - I28-50. 500.7 cu. yds, road complete | 107.65 Allowance thie estirate ‘ 107.65 Completed. Sta. ISI-55 = 154. III7.7 ou. yds. road complete @ ‘ 240.50 Ailowance thie setinete C 240.20 Completed. ‘Statesville, N. C. Mov. Slet, I9Z3. Ic + ~ > . ni wer, ROAD ESTIMATE BO ae T. Plott CONTEA Sta. eis ~ 162~25. 2367.8 cu. yds. road complete @ Allowaace this estinxate Completed. Sta. 163-48 ~ 189-20. 218.2 cu. yds. road complete Allowaace this estivate Completed. Sta. 190-40 - I98-60. 902.29 cu. yds. road complete é Allowaace this estimate 4 194.16 194.128 Completed. Sta. 198-50 = 201 (Em'b'k't) T052.7 cu. yds. road complete <« 4 226.35 Allowance this sctixste _ JO0S 226. <2 Completed. Sta. 300-98 = 250. 2962.8 cu. yds. rosd complete ; 637 .00 Allowaace this estimate 10% 627.00 Completed. Sta. 335-40 - 235-40. 174.5 cu. yde. ro#d complicted.@ al; 37 .52 Allowance this estizcats 100% 37.52 Completed. Sta. 2236-50 = ©40. 23E€.I qu. yds. rosd cozplete @ ¢ 50.76 Allowance this ectinate 10ot 50.76 - Completed. Hauling 542 joints Je" Terra Cotta Pipe @ .IS¢ per - Joint £2 . Ie" . , 15¢ » Laying 37 lines . . ° "2.00 ® ’ Clearing 2.9 acres right of way @ $75.00 per. acre Lese I0% contract provision _ Total amount dus ccoztractor cma this ectizat. ---------------- This amo nt ie due sad payabie amor about the 2Iet of November ISI<. ee. [Croed— Engineer. Approved--------- ~ + mew eee --<- Ch'r'm'n. Board Co. Come. ae Statesville ,N.c. Nov.29th ,1913. Mr. M.A. Feimster, Chairman Board Gounty Commissioners. Statesville,N.C. Dear Sir:- Below are the amounts retained on the different roads graded by contractor J.T. Plott; also a deduction of some of theses nmounts where the road was not properly graded. Amount retained on Cool Springs Road $456.15 _ deducted fro leveling 300 .00 = due Contractor 150.15 $156.15 Amount retained on Chipley Ford Road 439.74 : deducted for Jeveling 439.74 Amount retained on Lewis Ferry Road 364.12 . deducted for leveling 150.00 ™ due Contractor £04.18 204.12 Amount retained on Zast Monbo Road 349.94 Wo amount deducted for leveling Amount due Contractor 549.94 349 .94 Less amount for stump puller fixtures 25.68 Total amount due contractor 664.53 This amount is due and payable on or ab out November 29th,1913. —_——y. .. —————— Se alae, 3 neste Approved Chr'm'n Board Co. Comm Having this day made full and final settlenont of all matters g _ Gay , and things between the County 03 Iredell and myself, touching the construction of Poads for seid County, and having received the amount above found to be due by the Sngineer of said County in conformity to contract existing, I hereby release thé said County of Iredell from any and all further linbility by reaeon of the constructions of the roads aforesaid, together with all other claims, which I may have sgaifist said County. This November 29th,191<¢. =F alee ares I find the yardage of earth removed from the Fast Mombo Road, Iredell Co.,N.C, to be ag follows. CUT NO, CU. YDS. East Mombo. 1 352 2 1715 Borrow pit at creek 895 E.Mombo side 3b 30 Borrow pit at creek 1044 Barium springs side + 609 5 263 Borrow plt 83 6 1953 7 695 8 108 9 1031 10 123 11 343 12 547 13 410 14 175 15 1054 Borrow pit 164 16 aoe 17 97 18 291 19 298 Borrow pit 45 20 202 21 195 322 768 23 645 24 135 Bprrow pit 191 25 45 Borrow pit 55 Barium Springs a Total 1 4872. Cue yas, pT Pe aw. F SG thf s - ‘ ‘ co? ‘ . - a * ye - . . ~~ Y oe oN ype - ote t - why, ‘ > ‘ / ; . i ‘ 4 e E. C. DERBY. B. E. CIVIL AND HIGHWAY ENGINEER NOME ADDRESS: EARNEST, N, C. Earth Excavation on Cool Spring Road-- Stations - Cu. yds. Excavated. 5=50 17-00 27-00 52-00 41-00 50-00 62-00 69-65 85-00 89-00 109-00 150-00 137-58 141-00 151-00 165-00 176-00 185-00 193-00 198-00 212-00 2235-00 236-00 251-00 282-00 502-00 507-350 315-55 522-00 555-60 3539-55 550-68 568-00 363-55 580-00 385-00 3598-53 405-20 412-20 417-00 420-00 4351-00 442-85 14-00 25-55 30-80 38-00 46-00 59-00 66-00 83680 86-56 104-00 127-00 136-37 139-00 148-85 163-58 172-70 182-70 190-80 196-28 208-25 223-00 254-00 246-00 280-00 295-25 505-45 5310-30 320-50 530-35 5357-66 546-75 355-28 56100 569-47 3835-00 397-00 401-00 410-00 414-26 418-55 426-25 437-45 446-00 427.57 1524.11 598.02 1007.01 792.50 728.29 91.59 1182.51 80.95 972.19 890.50 791.85 287.82 5935.18 1235447 538.42 678.74 583.78 589.05 984.15 1266.81 1578.55 619.29 1808.16 1600.45 874.66 534.358 1515.93 488.59 700,17 257.94 524.58 596.10 14350,51- 275.31 772.65 351.58 613.90 284.71 22.16 500.11 524.41 144.70 f E. C. DERBY. B. E. CIVIL AND HIGHWAY ENGINEER NOME ADDRESS: BARNEST, N. C. Stations Cu. yds. Excavated. 449-35 456-58 744.48 457-00 458-45 93.04 460-00 461-12 119.88 463-10 470-00 514.45 Total Earth Excavation on Cool Spring Road, Iredell County, Ne Ceo This work was accurately measured and carefully calctlated by me. Work done Feb. and March 1914. This 28th day of April 1914. 0, C. Clg oe E. C. DERBY. B. E. CIVIL AND HIGHWAY ENGINEER #1 -EARTH EXCAVATION ON CHIPLEY FORD ROAD- Stations Cu. Yds. Excavated 0-00 15-25 39-30 51-48 56-00 113-00 116-12 121-00 185-00 197-00 210-50 224-35 245-00 252-00 257-36 264-30 274-00 279-00 317-00 351-58 345-50 556-45 573-55 3579-85 391-00 402-00 415-50 424-00 440-355 450-00 467-85 480-24 486-58 500-00 516-00 526-00 544-00 563-00 584.00 L3625 950.02 57-85 50-87 55-41 106-45 116-00 119-65 184-00 194-35 208-50 2235-75 244-00 251-00 254-55 263-12 273-00 276-00 517-00 550-00 545-00 551-15 571-64 378-60 590-00 597-00 411-75 420-40 455-35 446-50 462-65 479-86 485-00 496-00 515-00 522-85 540-60 560-00 585-00 590-00 3562.71 1470.99 289.38 5473.66 426.19 936.14 3304.22 717.59 686.59 581.91 1008.81 479.60 4.85 397.32 520.70 24.12 1964.06 873.79 3615.96 132.64 1345.70 902.07 1561.77 598.30 1521.53 1127.63 1368.36 349.46 986.58 2569.72 356.39 374.86 1063.65 1777.27 727.85 446.39 808.77 1467.29 Stations 590-00 593-95 606-00 624-00 651-45 646-25 652-00 668-32 EK. C. DERBY. B. E. CIVIL AND HIGHWAY ENGINEER Cu. yds. Excavated 134.92 729.87 841.53 552-55 5035.54 268.32 173.27 554.20 2075.94 1385.55 519.60 110.85 53802.96 675-20 708-40 725-50 732-00 Earth Excavation on Chipley Ford Road--Iredell County--N. C. This work was accurately measured and carefully calculated by me. Work done Feb. and March - 1914. This 28th day of April 1914. é&. C Bint a C.~F7 ,» % MOMK ADDRESS: EARNEST, N. ©. Stations 2-00 7-00 19-90 33-00 36-00 48-00 52-00 65-00 86-00 113600. 117<+33 122-00 131-00 149-00 158-25 186-00 189-25 215-00 221-00 248-00 287-00 295-00 508-00 324-00 532-49 345-00 357-50 564-60 569-50 571-12 373-60 576-91 589-90 423-00 440-00 6-50 18600 28-80 36-00 45-58 49-50 64-25 85-00 112<22 116-40 322-00 131-00 148-00 156-60 185-00 188-75 211-20 220-00 247-00 286-00 294-25 505-50 523-35 551-85 543-00 355-00 364-10 367-50 370-55 373-00 376-40 389-05 420-00 437-00 451-54 E. C. DERBY. B. E. CIVIL AND HIGHWAY ENGINEER -EARTH EXCAVATION ON LEWIS FERRY ROAD- Total 767.74 606.98 469.93 91.38 959.71 18.11 1635.89 1038.75 2675.38 860.05 908.10 792.72 1216.72 562,09 1205.59 252.84 1601.74 241.50 1013.44 3023.65 406.91 941.69 1083.63 429.11 1106.02 1613.46 461.01 380.97 113.54 265.83 289.43 4385.43 3565.59 606.38 936.45 Cu. yds. Excavated Earth Excavation on Lewis Ferry Road - - Iredell County, N.C. This work was a@curately measured and garefully calculated by Work done Feb. and Mar. - 1914. This 26th day of April 1914. EC. Mab. re G ¥ An & f+ ee ee oO ee Se Name DIRECT Joseph Bireth CROSS EXAM ZBtod4 4to 7 7 to 12 12 to 14 to 33 to 40 HESS ES, RE-DIRECT 7 14 to 15 17 33 E.C. Derby WeR. Sloan 16 to 17 17 J.T. Plott 17 to 27 27 Geo, Smith 34 to 39 39 Chas. Sherrill 40 to 41 PLAINTIFF RESTS. DEFE D JeAe Wyrick 41 to 42 42 J.B. Roach 43 to 52 52 Robert McRorie 85 to 86 86 F.L. Scott 87 to 89 89 N.Ae Lewis 91 towd5- +05 M.A. Feimster 102 tol05 105 D.M. Hertsell 110 to 112-112 M.A, Peimster,Re call 115 to 117-117 Bob Gaither 117 117 Defendant Plaintiff? in reply Lee Lippard 120 to 122 122 J.T. Plott George Smith 126 to 127 127 Mr. B.C. Derby 127 to 129 129 123 to 125 125 1 to 101 to 109 to 114 to 131 87 101 109 114 123 126 131 to 110 RE*-CROSS. 15 to 16 75 to 84 ReDiré4 LOlto 102 I ! North Carolina Iredell County J.T. Plott, -VS= The Board of Commissioners of Iredell County The above entitled cause came on for hearing before the undersigned Referee, S.J. Ervin, Esq. at the Court House in Statesville, on this the 8th day of September, 1914, after due notice of the time and place of said hearing, and the parties plaintiff and defendant being present in person, and represented by Counsel, the fol- lowing proceedings were had. On motion of the plaintiff's Counsel, plaintiff is allowed to amend the complaint by alleging that portions of the sum paid plaintiff by the defendant under terms of the contract sued on was paid on account of extra work, outside of, and beyond the scope of said written mw ntract. Said amendment to be served upon the defendant's Couneel during the hearing. Then on motion of thé defendant's Counsel, defeniant is allowed to answer said amendment. The plaintiff offers the following paragraphe of the Complaint and the defendant's Answer to each paragraph. Paragraphs One, Two, Three, Four and Five, and also paragraphs of the Answer in reply to these, to wit: Pirst, Second, Third, Fourth, ami Mfth. Plaintiff also offere the Seventh paracraph of the Com- plaint. Plaintiff also offers Answer of the defendant to said paragraph, with the exception of that part which denies the Sixth paragraph of the Complaint alluded to in said Seventh paragraph. aie @he defendant objects to the introduction of part of said paragraph. Objection over-ruled, and defendant excepts. The plaintiff offers the following part of the Tenth paragraph of the Defendant's Answer? "The truth being that the plaintiff removed more cubic yards of dirt on the Chipley Ford Road than he alleges, to-wit, 54,236.3 cubic yards in place of 53,802.96 cubic yards, and that he was mid there- for $10,879.79." Joseph Fireth being duly sworn, for plaintiff, says; Direct. By Mr. @urner,. Qe Where do you live ,Mr. FPireth? A. Charlotte. Qe What is your basiness? A. I am consulting engineer. Qe. What experience have you had in calculating yardage on roads? A. I have been a precticing Engineer for 14 years. A. In that time about seven years of that I hve been on Street work, where I have had to calculate yardage continuously. QQ. Did you ever make calculation of the yardage in what is known as the East Monbo Road?A. I did. Q. When? A. It was cometime last January. Q. Now, state how much yardage you found in that road? A. 14,671. Q. How long were you occupied in ascertaining the number of yards in that Road? Ae My recollection is that the field work took about a day and a half, and the calculations I think, I cannot just tell you-- either one or two days. Qe What method did you adopt to ascertain the yardage on this road? A. I cross sectioned the road, located the cuts and borrow pite. Q. What ie that you are holding in your hand? A. This is o statement of the amount of yardage in the East Monbo Road. Q@. Ie it in detail? A. It is in deta§ for each cut and barrow pit. j d Ja Q. Is it correct?A. Yes,Sir. Plaintiff offers statement and calculation referred to, Same being filed and marked Erhibit No. le Q. Did you make a calculation of the slopes? A. Yes,Sir, the slopes are taken in the cross sections. Q. Does this paper embrace all the slopes? A. Yes,Sir, it embraces all the Slopes on the road, Q. Did you ever have a conversation with Mr. Roach, with referer e to the calculations of the slopes on these various roads? A. Yes,Sir, when I came up to see Mr. Plott, just before I did this work, Q. By the way who is Mr. Roach? A. My understanding was that Mr. Roach is the County Engineer, Q.Under whom Mr. Plott workedPA. Yes,Sir. Q.What did he tell you about the caleulations of the slopes? A. He told me some of the Slopes had not been calculated on the roads in his estimates. Q- Some of them had not been-- In whose estimates? A. Om his ,Mr. Roach's estimates. Q. Did you ask Mr. Roach to go with you at this time ? A. Yes,Sir, I told him I would be glad to gO out with him and oross section it, Q. Did he ever furnish you any profile of his work? A. He showed me the profile in the office, Yes,Sir,. Q. Did he go with you? A. He and I drove over two or three roads. Q. Made no calculatione on it together? a, No,Sir,. Q. Or measure it together?A,. No, Sir. We did measure the width of the road in I suppose eicht or ten places on these Other roads, Q. What became of Mr. Roach after that? Was he with you any more after that?A. No,Sir. ——~ medion Q. Do you recollect what road it wasf Ae It was one road lying out in this direction Chipley Ford and one East Monbo Road, those are the only two roads that I recollect. Q. Did you make any calculations on what is known as the Chipley Ford Road? A. No,Sir. Q. Did you make any on the Cool Springs Road?A. No,Sir. Q. Did you make any on the Lewis Ferry Road?A. No,Sir. Q. East Monbo the only one?A.Yes, ir, Zast Monbo was the only one. 26 Did you get what hic calculations called fore- Mr. Roach's firur the East ? st Monbo Road?A Ae No,Sir, I do not know Mr. Roach'e figures at all, Qe He never showed it to you?a. No,Sir. Q@. What is your approximate idea of what the slopes would amount to in the yardage-- @n the slopes on the Bast Monbo Road? A. I have an approximate idea-- the slopes on that road will not amount to very much. I should not judge that the slopes on that road would amount to more than 200 yards on the whole Cross-Examination. By Mr. Caldwell. Q.Mr. FPireth, how many visite did you make here? A.I made two visists. Q.The last visit you made there about your work, you did not notify Mr. Roach that you were going? A. I think I told him the day I would be there. Q@. You did not let him know the day you were here? A. I told him the day I would be here Priday morning, as I recollect Q. Now in your work what instruments did you use? What kind, de- scribe them? A. I used the level and transit. Qf In this particular instance I want to know, on this Monbo Road what instmumente you used. A. The usual level , rod and tape. ~- 5e Q. What is the transit used for? A. The transit is used for angles and for leveling. Q. Can it be property done without itPA. Yes,Sir. You can do proper ly with a level. Q.- Can it be properly done without the transit? A. Yes,Sir. it could be properly done without ,when the road is already graded. Q. Do you know hoe much the difference on your estimate on the East Monbo Road and Mr. Roach's was? A. No,Sir, I have not Mr. Rpach's figures. Q. Never saw them personally?A. No,Sir. Q. Do you know what instructions Mr. Roach had given the Contractor, Mr. Plott, about an opening of some water way over there? About the size @f it? A. All I recollect is that Mr. Roach said something about some opening not being enough, what the opening was I do not recollectea<« Q. At a bridge? A. Some where at a brifwe over there. Q. Do you know the sise of the opening where that bridge is that Mr, Roach had instructed Mr. Plott to make, and whether your dif- ference from hie estimate might not have come about in that way? A. I do not know the size of the opening. Q. The variation of your figures then with his figures could be brought about in your difference in the size of the water way could it not? A. I never held any back for any interfilling of waterways ? Q. Wasn't there a bridge there? A. Saw no bridge on that road. Q. I ask you if there was not a space on that road for a bridge? A. It wae not bridged. Q@. You figured on what you found then? A. Yes,Sir. Q. You do not know what Mr. Rosch figured on?A. No,Sir,. Q. But there was no bridge in?A. No,Sir. Q. There was a place for a bridge?A. There was, Qf Your figures micit vary because of that open space on the road might it not?A. I do not know about that either. re so oe Q. Your taking the bridge opening as you found it, if he had figured more for that opening, and they filled up that opening to a point beyond his directionsé-- A. His figures might be more than mine, as it stood at that time those figures of mine-there ought not to be very much differance between his and mine. Q. There might be 100 yards or so might there not? A. Might possibly be. Q. Did you have the original cross sections of the road? A. WNo,Sir. Q. So then it would have to be an approximation? A. No’ my figures represent the actual amount of dirt, there would be no approximation, the ground is there , you know, Q. I understand if the croimd was moved, had been moved it would show would it not?A. Yes,sir, it would show. Q. Now, Mr. Fireth, I wish you to explain to us and the Referee how you can know the amount of yardage in a cut, when you have not the cross-sections and earth there to make your calculations by? A. Before the earth was removed, there might possibly be some cases where you could not do it, where the ground was very rough, and raggy and then have to chainge every five or ten feet. Q. That would be especially true where it is an old road? A. It would be unespecially true there. There would be the track of the old road, the old road would be pretty level and you can take it from that. In cases where the ground crosses the road in crossing it, ie very raggy and jaggy-- that would average up very well with what you had on each side. Q. I believe you did not come back to cross section and measure the other two roads? A. I head no agreement with Mr. Plott to croes section all of them. I was told to cross- section this wone . and/tet bb know about the remainder. Q. You don't know there is not as much difference in your estimate ate and that of Mr. Roach?A. No,Sir. Q. A difference of 800 yards in your caleculation and that of Mr. Roach on this East Monbo Road?A. No,Sir, I do not know Mr. Roach's figures. Q. Mr. Turner asked you about the profiles, do you know or not, that all the profiles of the roads , that the profiles were placed in the hands of Mr. Turner, Counsel for Mr. Plott, and did give him an inspection of them all. A. Ido not know that. Qe. Mr. Fireth ,the reason that your services were not continued was because of the cast was it not? A. You will have to ask Mr. Plott. Well I imarine so, but I cannot say that. Q. What did it cost? A. It cost him $96.00 for the work, my time and expenses, I suppose that it had something to do with it. Q. IT am not intimating that it was too much, but just want to know§ if that was not the reason? A. I do not know absolutely that is the reason why Mr. Plott did not have me do the other roads. Re-Direct. By Mr. Purner. Q Did you have your instruments there?A. Yes, Sir. Q. The instrument thet he inquired about, the Transit?A .Yes,Sir. Q. And used it?A. Yes,Sir, E.C. Derby being duly sworn, says: Direct. By Mr. Turner. Q. Where do you live Mr. Derby? A. I guess Boldsboro is my home, Sampson County. Q. What is your business?A. Civil Engineer. Q. What experience have you had in Civil Engineering? A. I have been out of collegé two years this sprim. I have been doing high-way and municipal work, Q. What education have you? A. 53B.B. Degree A.& M. College. Qe When did you receive that degree? A. 1912, Be Q. Since that time m what work have you been doing? A. I have been doing high-way work, Civil Engineering, and Municipal work. Q. Calculations?A. Yes,S5ir. Q. Where are you now engaged?A. Graham, Street municipal work. Q. Are you on the public roads of Graham? A. WNo,Sir, municipal work there for the town. Q. For the town of Graham?A. Yes, Sir. Qe pid you ever make a survey and calculation of the yardage of the County roads in Iredell County?A. Yes,5ir. Qe What roads? A. Lewis Ferry Road, Chipley Pord. and Cool Springs Road as well as I recall them nov. Q. Now, I will tak up the Cool Springs road first? Q. What method did gee adopt Mr. Derby. A. You mean the instrument I used : Yes; &. I used the K & EB. Beilroad Transit. Q. What is that instrument used for? A. It is used for turning of angles and running levels and straight levels. Q. Ise that the accepted instrument by the Profession?A. Yes,Sir. Q. What other methods did you adopt? Ae I used level- rod and tape-- transit to measure off the work and take levels of the ground. Q. Wheat cgess sections,if any,did you make? A. Wheat cross sections did I make? Q. Did you cress section it? A. Yee,Sir, I cross sectioned it between the slope stakes. Q. What is the distance between those slope stakes? A. Well they differ-- Q. Distance difters TA. Yes,Sir. Q. Look at thie paper writing and tell us what that is? A. Barth excavated on this Cool Springs road, showing the number of stations as I found them, and the number of cubic yards eoavated between the stations and the total number of yards excavated on Ge Cool Springs Road. Q. What is the total yards excavated on that road? Ae 32,330.96. Q. When did you make that Mr. Derby? A. This work was done in February and March. Q.- What year?A. 1914. Q. How long had that road been built previous to that, if you can tell? A. I could not tell. Q. Would that make any difference?A, No,Sir. Q. Why? A. It would make a difference if you were counting in your fills you might allow for shrimkage, but what Mr. Plott was after is the earth excavation, Q. Do your estimates include the slopes?A. Yes, Sir. Q. Embankments?a. It includes the yardage in the excavation of the embankment? A. Yes,Sir. Q. Embankments were not included. Qe Did you calculate them where they intersect the road? A. When we have that road ower it, does it include that?a.Yes, Sir. Q. In other words, it includes all the work done on the Cool Springs Road, including slopes and embankments?A. Yes, Sir, Q- Well, are you able to state whether you are accurate in your Calculation and estimate? A. Yes,Sir, just as accurate as can be, only in case of raggy and rough ground, and I did not find much of that. Plaintiff here offers statement showing calculation and estimate made by witness of efcagation on Cool Springs Road, filed and marked Exhibit #2. Qe State what method of calculation you used on the Chipley Ford Road, as to yardage? A. Same method I used on the Cool Springs Road. Q.- Look at the paper I hafld you and tell us what that is? A. This ie the Barth excavation on the Chipley Fowd Road, Station Humber, and the excavation between the stations indicated, summary is the total oubic yards excavated on the Chipley Pord Road, «lO Q. What does that amount to? A. It amounts to 53,802.96 Q. Thie ie correct? A. Yes,Sir. Q. This work was done the same time the other work was done? A.Yes,Sir. -Plaintiff hereoffers statement showing calculation and ~estimate made by the witness of excavation on Chipley Pord Road, filed and marked Exhibit No.3. Q. The Lewis Ferry Road, what did you do on that? A. I colculated that, the summary gives the number of cubic yarde excavated. Q. What method did you adopt? Ae The same as I d&€4 on the other roads, Q. Look at the paper I hand you and tell us what it is ? A. It is my calculation on the Levis Perry Road, showing the estimte, the stations, the number of cubic yards excavated between each station and the summary giving the total number of cubic yards. Q. What ie the total? A. 36,527.76. The plaintiff here offers estimate and calculation of witness as to the Excavation on the Lewis Ferry Road, filed and mrked Exhabit Now 40 Q@. These roads had been top soiled when you 4id thie work? A. Yes,Sir, some of them. Q. Which one? A. Wik@ road is that going out by the Commissioners, part of the Chipley Ford Road is top soiled to the Little Tadkin River, Q@. How did you estimate the top soil? A. I toox off 12 inches for the top. Q? Do you know the dep@R of the top soil? A. I think it ie 12 inches deep, it is 12 feet wide. Q@. Any way you allowed 12 inches? A. Yeo, Sir, I read the contract, I have not been over it since, my recollection is that it is 12 inches deep. I read the contract and allowed what the contract called fore for depth, Q. So this estimate of yardage does not embrace top soil? A. No,Sir, Q. Is that true also as to the Cool Springs road? AZ Yes, Sir. Q@- How much of that is top soiled? A. It is top soiled , as near as I ean remember to some little Chuw ch just a little distance from Cool Springs. Qe. About one-third of the way? A. I do not know whether it is one third, two-thirds or one-half, Q- You eliminated the top soil? A. Yes,Sir, Q. How is it as to the Lewis Ferry Road, out in this direstion, was it top soiled?A. No,Sir. Q- I believe they admit that there was no top soil on the Bust Monbo Road? A. No,Top soil on that. Q. Did you see the profiles furnished by Mr. Roach? A. I came tp the office with one of the Commissioners, I do not remem-~ ber now which one, I do not think I was in the office but once. This time I went in his office, I forget who I went with, but just eclanced over the profiles, that is all. I aia not look at them over ten min- utes. Q- Hie caloulation on the profiles shown you A. Yes,Sir, ought to be, Q. Given the profile could you calculate the yardage from them? A. With his cross sections Yes, Sir. Q. Did he furnish the cross section notes?PA. No, Sir. R- You did not have the notee of his figures?A . No,Sir. Q- Did you solicit them?A. No,I did not. Q. Did he tell you whether he had them or not?A. No, Sir. 8. Were you, or ware you not in there, in his office, when I tried to get those oposs sections? A. Yes,Sir, I believe I was. Q. Don't you know he conld not find them, and we could not get thang A. Yes,Sir, I was with you, I head forgotten it, but I wae with you, wl2= Q. Who did we see? Ae I believe it was the clerk of Mr. Roach, or his deputy or assise tant that was with us? Qe Mr. Shepherda?A. Yes,Sir, that is the man. Cross-Examination. By Mr. Caldwell Q. 8o you did not have any cross section notes, when you did this work?A. No,Sir, only what I took myself. Q. Mr. Derby all three of these roads that you performed your labors upon, had gone through the winter h@d they not? A. I could not tell you, I do not know how long they haa been finished. Q. You don't know how long the work had been done when you came in contact with them?A. No,Sir. Q@. If it should appear from the evidence, that the roads had been constructed prior , as they were, prior to your seeing them, and had gone through the winter months, I ask you if that would not make material difference in your opinion as to the amount of earth that had been moved by freezes and etc. A. Yes,Sir. Q. Be most mislending to you in getting your accurate measurema@mts? 4. Not in getting my accurate messurements,No,Sir. I just calcuhe ated the excavation as it was then, as I found it, if there was any shrinkage or wearing away. Qe In the excavations the shrinkage of dirt would be more dirt in his favor, if it was gone? If the dirt had been moved By another way than by the contractor, that would be in his favor, if that was caused during the winter? Ae I measured it after this freeze had washed it away. Q@. In other words you gave him credit in your figures for the appear- ance of the condition of the road as you then found it?A. Yes,8ir. Q. If there was any wearing away, or any earth had been removed by waste of the winter time, whether he moved it or whether not, you gave him oredit for it? A. Yes, Sir. Ate, ~=}3-— Q- Mr. Derby on the Lewis Perry Road now, I wish to ask you if you did not take knowledcee of the fact that dirt had been wasted, and the contractor had gone elsewhere and borrowed dirt to complete his work, or do his work * there? On Back Creek, the first creek ,I ask you if you did not notw, if it did not come under your observa- tion that the comtractor ,or his employees, had wasted considerable dirt, and had gone elsewhere and fot dirt to make that road? A. Yes,Sir, but in that instance, I measured the rill and the cut and got the difference between them to get my excavation. Where I came to waste dirt ot to berrow pit, I take the difference between the two ami measure the cut and the fill. Q- You did find that state of facts alone that road? A. Yes,Sir, I found dirt wasted and dirt borrowed, Some of them I measured them both, I estimated others got my cuts and fills. Q. I understeod you to say a moment aco to Governor Turner, you only measured the excavations? A. Well, over little fills I measured only in case where @ dirt put and waste dirt we-e torether. I on y used my own judgement as to whether it is best to. Qe. Why 414 you tell Governor Turner that you only measured the excavations? A. I thought peebibly he meant did I measure the entire fill all the way, that is the way I understood his question, here I measured all the fill, Q. I see here on the Lewis Ferry you have got Station No 2-00 to Station 6-50? A. That is station No, 2 plus 00 to Station 6 plus 50, Q. Thies is minus here? A. There is no plus mark on the typewriter. Q. It was between those stations that you took your masurements, and then calculated it out? A. Yes, Sir. &. That is the process you went through all the time? As Yes, Sir, Q. Did you make any application to Mr. Roach or to the Gounty Engineer for the cross section notes in person? A, No,Sir, olde Q@. Have you any recollection of ever mking any to Mr, Feimster, the Chairman of the Board?aA. No,Sir. Q@. You had none of them at all when you were doing this work out there?A. No,Sir. . ° - Re-Direct. By Mre Turner. Q. You say the road- a road standing sometime there is very little likelihoot of its wasting away? A. Yes,Sir, Governor, it takes a good long time for it to wear away. Q. Would that show less yardage, or would that show more yardage? A. It would show more in case of a cut, less in case of a fill. Q. What method did you adopt? A. I aid not adopt any, I kmew that these roads had not been comple ted long enough to allow anything for it. Q@. No shrinkage on it?A, No,Sir. Q@. Im doing your wrk did you make calculations on the slopes? A. Yes,Sir. Q. Did you take the actual slope as it appeared in the road, or the slope allowed in the contract? Or the slope allowed in the grade? A. Slope as it appeared in the road. Q. Correspond with the slopage in the contract? A. Sometimes it would,wometimes it woudd not. Q. Would it be anything more in the road than it was in the con- tract-- make any difference? A. Why yes, if it ie more in the road, you went for the slope. Q. What were the slope grades? If you recollect? A. One to one. Q@. Did you make a calculation on that basis? A. Wo,Sir, I mde calculations as I found the slopes. @. Had the slopes worn away in the road?A. Be,Sir. Q@. So there could not be any materinl difference then? A. No,Sir. @. What are the graded in the cute if you recollect? A. Guts One to One; Pille one-one-half to one, ~15- Re+ Cros s-Examination. By Mr. Caldwell Q. Mr. Derby, is 4t not a fact that in many places on these roads you found them within the contract limit in width, Hot as wide as they should have been-- there is & great deal of difference in them as to width? A. Yes,Sir, some of them wider in places, and some not as wide a6 etn ee the contract calls for. Q@. By the Court? Now as to the extent of these cuts on these roads, to what depth did they run? Give me the lowest point to the tn highest? &. You mean on an average, | could not tellyou. I forget what was the deepest cut I found? Q. Ten or twelve feet? Leese NE. Ata A. I think 12 feet would be the highest I found, if I am not mistaken. Witness wishes to fake the following statement, I wieh to state when when asked about the aifferent widths in tae road, I just want to say that where the road was wider than the contract called for, he did not ask about the calculations, in making my calculations I only calculated the width of the road ac- : cording to contract. ~RegeaCross-Examination, By Mr. Caldwé | Q. Now, if the road was contracted to be built 30 feet wide, and there was a cut in there ten feet deep, or any other depth, did you calculate that road there 4s if theyecut back 30 feet wide according to the profile-- had been taken back 30 feet. Q@. If you find the road was say out 25 feet wide and the contract was that it chould be 30 feet, and there should be a ten foot cut in it, did you follow the 30 foot profile in making your © loulations of the dirts having been removed, or did you come within the 25 feet and calculate the dirt in there?A. Yes,Sir, come within the 25 feet. Re- Direct. By Mr. Turner. Q. When it went over 30 feet you left it offfa. Yes,Sir. Re-Re-Re- Cross By Mr. Caldwell Q@. Have you been in the employment of Mr. Plott sime you did this work?A. Yes, Sire Re-Re-Re-Direct. By Mr. Burner, Q. Not in his employment now?A,. No, Sir. Re-Re-~Re-Re-Cross By Mr. Caldwell. Q. Not having seen the profile or the crpvas sections pertaining to these roais Mr. Derby, how were you able to testify that Mr. Plott removed the amowmt of dirt contracted to be removed, or failed to removed the dirt? A. I have seen the profile, I used the same method that Mr. FPireth used, just by my transit, road, level and tape. te Are you positive that Mr. Plott conformed to the gerade that lr, . ay re Plat conformed to the Roach made for him? Do you imow that 2 grade?A. No,I did not make the profile of the work, I just made my calculations by contract that Mr. Plott claims, Qe. Yon don't: elaim that he complied with the contract, removed the he jirt , and done it accordi to ti contract and profile, did you? Ae No, Sir. Welk, Sloan, being duly sworn, says; Direct. By Mr. Turner, Q. What position do you hold Mr. ‘loan? A. Treasurer for Iredell County Qe Were you h@ing this position at the time of the construction of the roads now in controversy?A. Yes, Sir. Q. How much has been paid to the plaintiff on the Coc) Springs Road? 4. I will have to refer to my memorandum, I taken off my book. @- The figures ae taken from your book are what? Ae $6,768.39 Q. How much has been paid on the Chipley Ford Road? A. $11,263.75 R. On the Lewis Perry Road? A. $6,728.31 Q. Bast Monbo Road? A. $3,149.47. Q. That embraces the entire payment made to the plaintiff by the County,Mr Sloan, for all work that he has done on those four roads? ey eee * 2a aa -lL7e A. Yes, Sir. Q@. You kept no account of the ex#ra work? A. I just paid the vouchers se they came in, Cross~ Examination. By Mre Caldwell. Q. Did you pay $212.50 for anybBhing else? A. Not that I have any recollection of. Ido not remember it. Q. For clearing some land? A. All those items Mr. Caldwell, are just estimates made by the Board and Vouchers issued, Q. All those payments? A. I do not know which estimate, whether it is one, two, three and four estimates. Q. You do not know what it is for?A.A.No,Sir. Re-Direct. By Mr. Turner. Q@. You do not know whether he got that $212.50 on that Elmvood Roed?AZ do not. Q. So it might have been done on the Elmwood Road? Objection. Q@. So your books only show as payments the amounts indicated by you, and you do not know what was extras, whether it is clearig, grubbing or what’A. N,,Sir. By the Referee: Please give the total amount paid on these four Roads, Mr. Witness? $27,909.92 Plaintiff here offers paragraph First of the Amended Complaint, and the following part of the Amended Answer to said paragraph. "That it is true that the plaintiff 414 extra work on the roads indicated in the first pearagfaph of the Amended Complaint, and it ou that the figuree therein contained are correct "28* J-T. Plott, being duly sworn, eays: Direct. By Mr. Turner. Q@. You are the plaintiff in this action?A . Yes,Sir. Q. Where are you working now? A. Over in Stokes County and in Lincolnton County. * ‘ £ Q. A. Q. A. R. Q. A. Q- #16= What is your business generally,Mr. Plott ? Building Roads, How long have you been building roads? I have been had it just as a business for about eight years. I did about three yeare at it before I went to butldim them, Have you built any other roads except the ones mentioned? I did. You built the Elmwood Road, and also the Highway ,did you not? A. Yes,Sir. Q. Ae Q. A. a. Q. A. Q. A. Q. Q. A. Q. A. Q. A. Q. A. Q- Q. A. Q. a. Which one of these roads was the first one you constructed? Cool Springs. Do you remember when you completed that Road? I think it was either the last of April of the first of May ? What year?A. 1913, Who was the engineer at the time you built the Cool Springs Road? Mr3 Roach. He furnish you with the profile for working that road? We had no profiles.: | What did he furnish you?a. Nytes. What did those notes indicate? Indicated the cutting and the filling. What about the width of it? Indicated the width of it without the slopes. Defendant Objects in apt time to parol evhdence as to the contents of the notes furnished witness by the engineer. Have you those notes now? I do not have them all, I have have had them. Have you got the Cool Springs notes? No,Sir, I have not the notes for that. Have you got them in your possession? A. Yes,Sir. Do you know where they are? At home in Greensboro, Did you not bring those notes with you?A, No,Sir. I have a few with me just ac a sample, but I Rave not the Cool Springs with me? Q. Where are they?A. They are at the Hotel, -19= Q. In form of a contract? Just memoranda guides. Q. You say you have got a sample of them with you? A. Yes,Sir, at the hotel. Q. Bo bring them over? Q. Did you find those memoranda? A. No,Sir, I did not. Q. It was 2 memoranda, ‘it was not a contract signed by you and him wes it? Just a mere memoranda to guit you in your work was it? A. Yes,Sir , just a memoranda. Q. Is this the character of the memoranda? @, You may look at that book and tell us on the Cool Springs Road, whether that is the guide he gave you to work that road by? Q. I could not tell whether that was the particular one or not, something similar to that. Made out in that way. Qe You did the work then according to that? A. Yes,Sir, according to measurement. Q. When you thought you had completed the road, did Mr. Roach inepect it? A. Yes,Sir, he came himself or sent his assistant to run the levels over it, to see whether it was dorm to grade, below rrade or above grade. Q. Was the cnuntract finished according to contract? A. No, Siz. Q. Did he designate his assistant to designate the work you lacked? Ae Yes, Sire Q@. You finished it up according to that? A. Yes,Sir. Q. Did you do that after it was pointed out PA. Yes,Sir, we put the out fit back and built it according to his last notes, Q@. Now, I ask you, after you had &ne that what did you do? A. We asked him if there was anything else to do, he said there was nothing to do. Q. Now, then where did you go after you completed the Cool Springs Road?fA. Went to the Chipley Ford Road, Q@. When 414 you finish that work?A. As well as I remember-- —20— 9. As well as you remember, what time of year? A. It was about the first of September I think, Q@. How did you construct the road, this road? A. Same as we did the other, we had his notes to go by, how much to cut and fill. After we thought we had it down to grade, we reported to him and he sent a man to run the levels a second time over it, and see how much to fill or cut , he put it on a new set of notes, and we would go back over ~it. Q@. Did you build it then according to his directi ns?a.Yes,Sir. He never asked us to do a thing we did not do while we were on the road. Q. Did he make any complaint to yeu that you had not finished it according to contract, the Cool Springs Road?A. No,sire Q. Did he make any complaint about the Chipley Ford Road not being finished according to contract? A. Ae NoO,Sir. @. Did he or his enzincer approve of it?A. He aid. 4 } Q. After you finished the Chipley Ford Rowd, where did you go? Ae To the Lewis Ferry Road. Q. How did you build and sontract that road? A. Same as I did the others. Q. What complaint, if any , did he rake? Ae He made some little remark about a bump we left up there, we knew that we left it, we worked until late one evening and moved the camp away from there without moving it. He wanted to make a reduction @@r it. We agreed on it provided we could ! get a settlement at the time to let him take off $150.00 for | that bump. That is the only thing he said. Q. That is the only thing he said wherein you failed to come up to contract, wae that bump? <A. Yes,Sir. @. What was your agreement about that bump? Ae Well, I agreed with him, if he would settle with me at the time, to let him take off $150.00 Q. Did he settle with you? Objection. ; q ( - Llw Defendant objects on the grounds that an acceptance of the road as set forth in contract ,which is in writing, to be concluded by final payments<s Qe How much would it heave cost Mr, Plott to have finished. that bump? Objection. &. Not more than $10.00. Q.- Well, did the defendants engineer,lir. Roach, or one of his assistant'’s point out to you wherein the work lack completion on that Lewis Ferry Road?A. They did not, only this place, Q. Did you complete the road according to contract?A. Yes,Sir, I did. Q. After you finished the Lewis Ferry Road, where did you go Mr. Plott from there? A. East Monbo, Qe What time di4 you finish the Bast Monbo Road? A. I fivished the East Monbo Road richt the first of December. Q What method did you pursue in working that road? A. Same as we did on the othr, QR. Under whose supervision? A. Mr. Roach, Qo Any assistant? A. Smith Campbell. Qe State if he pointed out to you before you le’t wherein that road lacked coming up to hé@s directions? A. He did not ,No,Sir,. Just did like he did all the rest of them Q@. Did he make any complaint to you about them?A. No, Sir. Q. Did e expresm himself as any ways satisfied ? A. Yes,Sir, he said it wae finished right. He was willing to pass that road. Q. What did he say about the other roadgat the time you left and moved all your working force from the Cool Springs Road? A. Before I moved them, he did not say anything until after we had moved them. 22a A. He has not said anything to me about it yet. Q. Has not?a. No,Sir. Q- Did he say anything about your failure to complete any of these roads, until after all four of them were done? A. No, Sir. Q. Now, after you finished these roads, especirlly the Cool Springs Road, coming from there, what did the County do? A. They gave me a contgact to built these other roads, Q. What did the County do to the Cool Springs Roed, after you finished, I mean about the top soil? A. They put top soil on it. Q. What about the Chipley Ford? A. They top soiled eight or nine miles of it, Qe I do not believe they top-soiled the other two? A. No,Sir. Q. That was not part of your contract, the top soiling?aA. No,Sir. Qe Only the grading was yours?A. Yes,Sir. Q- Now, did you do any extra work on these seversl roads? A. Yes,Sir, we did. Qe We will only take up what you charge in your complaint, firet then I will take up-- I. see now you made complaint here for some extra work on the Chiley "ord Road $323.49 A. Yes,Sir, Q. What was that for,Mr. Plott? A. That was for filling in where they built a concrete culvert for filling in some pipes where rogk so shut the drainage and the water reu ine-- for blasting and taking out some rock, Qe Did your contract cover blasting out rock? A. No,Sir. Q. Did it cover putting in culvertefA. No, Sir. Q. You spoke of the culvert at the wash out, there was a pipe line there at first was there not? A. Yes,Sir, just beyond the Chiphey Pord branch. Q@. Did you put that pipe line in?fA. Yes,Sir. Q. Amother pipe line washed out?A. Yes, Sir. Q@- Who furnished the piping to go in there? A. The county. Q@ Who Indicated the sise of the pipe? A. At this particular place,Mr. Roach, ~25— Q. What size piping did you put in? A. We put in 2 inch , the largest they had. Q. They approved this jaentical pipe? A. Yes,Sire Q. What was the effect of it when it failed to carry the water? A. Washed out the pape and the fill. Q. Now, what did the County @o after it washed out the pipe and fi117? A. They sent man there and put in 4 concrete Cuhvert. Q. What sisze?A. Really I do not know. Q. Larger than the pipe?A. Yes,Sir. Q, You know know the size of it?A. No,Sire Q, After they put in this concrete culvert, was it 4 concrete Culvert they put infA. Yes, Sire Q. After they put that in, what did they request you to do? A. They requested me to <o back on force account, keep an account of it, and fill it in. Q@. Did you do that?aA. Yes,Sire Q. Now, then you say there was other extra work? Ae Yes,Sir, there was another place where a iarge fill washed out, the water had come from 6°00 or 800 feet to a large ravene. they told us to put in an 18 inch pipe here. Q. Did you put the 18 inch pipe in?A. Yes, Sir. Q. That proved to be inade uate? A. Yes,Sir, that proved to be too small, and washed the whole fill out, and we repaired that, we repaired it after they put in a culvert-- filled it in arain .- Q. TMeg repaired that at your own expense?A. Yes, 5ire Q. Who put the airt back?A. We did. Q. At whose ex ense?fA. Their expense. Q. At whose request? @. Mr. Roach's and Mr. Peimster's ? A. Yeo,Sir. Q. You spoke about some rock that was there, soi8& rock? A, Yes,Sir. L4e Q. After we had our road partly graded there was any amount of rock in the road, and Mr. Roach asked me three or Sour times to have my grading force to take them out. I told him that I did not have enough men to put in there and grade it-- He told me to put them in there on force account. I told him I did not have grade force enough-- He asked me to put them at it what I could for at least a few da,s. We worked seven men and a foreman three days each. Q. Im doing that work?A. Yes,Sir. Q. Now, I hadn you this paper, and ask you if ‘hee wae an acco unt for sll that work that you did there? A. Yes,Sir. Q.What did your charge amout 8o for this work, for this work you have done as described? A. $323.40. Q. How do you arrive at that? A. We worked 7% teasm 8¢ days each at $3.50 per day per team,--------------- wren ------- $246.24 The we Bad extra an extra man losdind and dump- ing 8 days at $3.50 per day for both 29.75 We had a foremn 8 days at $2.50 per day 21.25 Seven men 3 days each digging out rock at $1§25 per GRY wen nen nt re rere 26.25 Q. Are those the figures you were paying for teams and men? <A. We did not hire teams, but those are the prices we charged for te@ms we worked. The prices we paid for men was really higher than the prices we paid the men that were doing the work. We paid the men that were getting the rock out $1.35 to $1.50 per day-- I mde mention of the price to Mr. Roach and he kicked a little on the price of the loader and dumper; the loader @bS&Q@P2h was getting $2900 per day and board and dumper was getting $1.50 per day and getting his board. Q. What were you paying you foreman?A. $50.00 solid time and board. ~25— Plaintiff offers in evidence the statement of the Force Account on the Chipley Ford Road,Marked Exhibit #5. Q@. Now, while you were on the Chipley Ford Road, state to the Court, whevher you did any extra work outside of this work, which you just now described, with reference to hauling pipe clearing, and grubbing for the County? A. We did, I do not remember jwt haw much work we did in grubbing? We finished grubbing about three miles of the work that the County had started and had not finished; we did all the hauling and putting in pipe on this road ,about 14 miles. Q@. Do you know how much that amounted to? A. I did know? Q. Who did you give that to? Q. Who did you turn the amounts over to? A. We had a verbal agreement and contract about that. We were to get so much a joint for hailing the pipe, so much for putting in the pipe per line. Q. Do you know how much that amounted to toggther? A. I do not know the total without referring to the estimates. Q. What did they pay for laying the pipe lines? A. They were to give us $2.00 a line for iaying the pipe and ten and fifteen cents for hauling; 35¢ and 40¢ for hauling the 4” pipe. Q. You got that in your estimates each month? A. They were at the bottom of the estimates. $364.10 is approximately the amount, that is not in this other contract? A. Not in the other contract, extra work done on Chipley FowR Roed. Q. Did you do any extra work on what is knomm as the East Monbo Road, any clearing , grubbing and laying pipe lines, ete? A. Yeo,Sir, we did all the clearing, grubbing hauling and putting in pipe on the Bast Monbo Road. @? At the time you did thie work, did you furnish the County or the engineer an estimate of the amdunt? A. No,Sir. Q. Who furnished that estimate? Who made that estimte Mr. Roach? A. Yes,Sir, he measured it and paid it. @26< Q. He allowed itfA. Yes,Sir. He added it to each estimate, that amounted to $377.60. Q.- On the Cool Springs road, did you do any extra work there? A. We did the hauling, putting in pipe lines, we did not do the grubbing. Qe You estimate that at $233.20, is that correct?A. Yes,Sire Q. On the Lewis Ferry Road, did you do any estra work? A. Yes,Sir, we did the grubbing, hauling and putting in pipe lines on this road. What did you estimate that? a. $802.80. 4 MAL Qe Is that approximately right? RQ. Mow, I understood you to say that they psid you for all thi Ork?A. The liowed it in the estimtes,Yes,Sir, QR. Those payments are embreced in the total payments that Mre Sloan,®he treasurer reports, is that it?A. Yes,Sir. ¥. And referred to in the omfginal Complaint?A. Yes,Sir. 2. Bmbraced in that?a. Yes,Sir. Qo. Do you know whether Mr. Ro.ch ever made any final estimates for all this work 7? A. Not that I know of, Qe. Do you know who mie there estimates, these monthly estimates that he gave you?A. No,Sire Q. Do you knor who made them? A. I really do not know who made them all. I know thet Mr. Roach mde some of them, and some of his assistants mde some of these monthly estimates you received 90 per cent payment? : of on which A. On which I should have received 90 per cent. ; Q. Now, at any time since the completeion of the work, has there been a final calculation or estimate as to the total amount due for the work,made when you were present or any settlement between you and Mr.. Roach? A. No,8ir, I saw total amount of the summa ry-- total as he had it, I cannot s-« have he got it, ee ae ~27= Q. Did you go over and see how many yards of dirt you moved? A. No,Sir, that has not been done. Qe Never has been done?a. No,Sir. Q. Did you ever have any conversation with Mr. Roach, with referénce to the calculation and estimte on your calculation of slopesfA. I did. Q- When was that? A. It was about the first of January. Qo. 19147 A. Yes,Sir. Q. What did he say about that? A. He said he had paid me for part of my slopes : but hat not paid me for them all. Q. What did he say about whether he embraced the yardage in your Slopes or not? A. He first said Re had, and I told him his assistant tolé@ me he had not, then he said he had on part of them, and on part of them he had not. Q. Is that the same conversation in which Mr. Mreth---- &. Not at the same time, it was a few days prior to that, Qe You know when Mr. Derby made his calaulation and measurements? A. Dring the months -- the latter part of January, Pebruary and March. I do rot know-whether it extended into April a little or not, Q. How long had those road been built then? A. Some of them had not been built so long-- something like eight months. Q. What was their condition as to wasting away of the banks, at the time this measure was made. A. The embankments of course wasted away and would sink more than the solid road bed would- so far as that went, it was ma weather when we began the work, I would not think there would be any difference. Cros s-RBxramination. By Mr. Caldwell. Q.Mr. Plott, on the Chipley Ford Road , you spoke of a pipe that the water washed out, I wish to ask you, how far from the bottom / ~28 = of the drain there where the water was running, did you place that pipe? Ae At the upper side we place it on the bottom. Q. You swear to the Court, that you know that the pipe was not from four to six feet above the botton of the branch there? A. It was not. Q. It wae a 24 inch pipe was it not? A. 18 inch pipe. Q. You sag it was down in the branch? You say the upper side where the water would go in here was down ém the branch?A.Yes, Qe Do you think any water would go in, you say it was down in the branch on the upper side? A. The upper side was down in the branch. Q. Which road did you build first or go on first? A. You mean the figéktwork in the County? Q. I mean these in controversy?A. We went on the Cool Sprime first. Q. Now, I ask you at the time yau went om the Cool Springs, if you did not have these other roads for construction? A. I did. Q. When you would go from from one road, to the other you would have a contract already for that ro d you were approaching before you actually completed it, then you would move on to that road? A. I have had ever since I have been in the County Yes,Sir,. Q. I understood you to say a while ago, that you 414 not know what deductions Mr. Roach had made, that he had not furnished you with any estimate of the charges on these roads? A. He 414 not until after it was done, until after the out- fite were fone, Q. I aek you if you 414 not get a pweper presented to you, in which you were shown the amount retained on the Cool Springs Road was $456.15? A. Not until the out fite were moved out of the County. Q@. When aid they move out of the County? -29~ &. They moved out sometime about the 4th of December, Q@. Now, I ask you, if you did not get that the 29th day of November ,1913% A. I know I did not get it until after the out-fits were muved. Q. I ask you if you are certain when your out-fits moved? A. I think so, I should be. Q. I ask you if those deductions and retentions on these roads, were not presented to you, and you were asked to sign a receipt in settlement of yor dealins with the County prior to the first day of December, last? A. If we had not completed the work, and the out-fits had not been moved, how could he present it. You answer my question. Qe. I ask you ,if prior to the first day of December, if you had not been made aware of the fact tf what had been retained by the County, and what had been deducted therefrom, and if it did not show the amount that the County then deemed to be due you on all your work, and tendered you the difference for it? A. I do not thi: e0,5ir. Q. id yOu ever see @& pap: : ent to you wit iting lib that on it?a. , Sire 2. And you de@lined to sign it?A. Yes, Sir. 2. Will you look at the @ate? That |i the date the paper was dated. He made no offer mt until our out-fits had done packed up and gone. a Qe What is the date of t at paper?A. 29th day of November,1913,. Q@. So that you were aware then of the contentions of the County upon these roads back in November? A. Iam not positive of the date that the out-fit left, but I ft here in December. > was not aware until after @. You tell the Referee that your out-fit left here in December? A. I think it did. I woul js ot be positive of the date, some- where betweon the first and fourth. Q@. I ask you if the County did not tender to you, or to your Attorney, Governor Turner $684.53 in settlement after its submit- ye Ba see ting to you this paper showing what they were due you in its dealings with you?A. They did. Q@. Well, in your contract they were to retain ten per sent? A. Yes,Sir, but not 20 per cent. Q. That 10 per cent was to be retained for what purpose? A. Really I cannot answer. @. You signed a contract to that effect? A. They were to retain 10 per cent until the contract was finished; they retained 20 per cent. ) Q. I ask you Ef you don't know Mr. Plott, that they actually paid a ry 7 on Sa } a 4 e . ‘ \ , {- at you 90 per cent, and more n 90 ver cent and did not retain enough some rosds? or rT ea . a + oa A. Not, until there 1d been a finel estimate. n The laot aatir . ‘\ + | me) ¢ th ar the nad @ | nov ro wh at? 9 ue a» 116 A © b 7 Lmave On wuiis VV dd vViiGii vile. V US 1 rd JX 1 wWwnarv? 9 ; v3 - - 24 4 4 a 4 Ae ihey were entitled 0 iy me ] a7 Ce Q. I ask you Mr. Plott, if the reason they did not pay it, that the engineer told you that your ro.ds were not according to wontract? A. No,Sir,. Q. You sey they accepted these roads? A. I say we did what they asked us to aod. Q. I ask you you if you tell the Referee here that the County accepted the Cool Springs Road, se completed according to contract? A. I cannot answer it in that way. Q@. I ask you Mr. Plott, if you do not know it to be @ fact, that after you quit the Cool Springs Road, thet you say you built, that the County of Iredell 41d not send Mr. R.B. Leinster, and pay him over $700.00 to complete your work‘ A. No,Sir, I do not know it. @. Do you know whether Mr. Leinster was placed on the Cool Sprimgs Road, after you left it? A. He was to top soil it. - 3l- Q. Did he or not do any grading on it, or other work, which you should have done, in order to build the road according to your contract?A. No,that I know of, Q. Did you ever go back to see? A. I have been there since it was built. Q- Did you gb there during the time Mr. Leinster was there at work? A. I did not. Qe Did you level up that road, the Cool prings Road? A. We levelled it ,as best we could with wheelers. Qe With wheelers?A. Yes, Sir. &. There was a few places , where there was stumps in it, we could ntlevel it. Q. The road was to be graded level? ~ A. It was to be graded reasonably level with wheelers, Q. I ask you, if you did not use a road machine on some of it? A. We uged the road machine on the spur roed, which was not in the contract. Mr. Roach and Mr. Feimster asked me to use it and kee & force account on it. Q. I ask you if you did not use a road machine on the Chipley Pord Road to level it up? A. Yes,Sir. Q. But you did not on the Cool Springs Rond?A. No,Sir. Q. Mr. Plott ,I believe you say that these items here in your Amended Complaint, as extra work on the Chipley Ford Road 384.10 On the East Monbo Road $377.60; on the Cool Springs Road $233.20 and on the Lewis Ferry Road $802.60 were included by Mr. Roach in the estim tes that were submitted and paid to you on each estimte up to the pereent that you were to receive? A. Up to the percent I think I did receive-- I do not know whether «« i do not know but what the ten per cent was retained, and then this was added to the balance. Q. And this retained plus your ten per cent? A. You can see it on the estimates-- at the bottom of the page. Q. This was added in the estimate, and it was put in the estimated ~32— up to the amount of the retention of whatever per cent they kept off, that is, after they kep ten per cent off the whole thing? A. This was put in.Q,Of course ten per cent would come off that? A. I am not positive whetner the 10 per cent came off that. It was added to the estimate, I do not know whether it was added to the estimate after the percent was taken off or before the ten per cent was taken off, I am not positive as to that. Q. That was what was kmovn as your force acco mt? A. Yes,Sir, it was on force account ° Q. What was it a written contract?A. Ng,Sir, it ~as a verbal con- tracte about the force account. We had a@ memoranda for the pur- pose that we kept the account on, and we got paid for it. Q. You say it was not included in your original contract? A. No,Sir. Those pip& lines were not included in my contract either, Q. I ask you if you were not to put all the pipe lines in? A. Not in my contract, I was note to do any of that. My contract @on't call for it. Q- You were paid for it, wer you not?A. Yese,Sir, Q. Mr. Plott, do you know a man by the name of Wyrick? A. I thing, I do, Q. I ask you if you did not have a conversation with Mr. Wyrick, in which you told him, in an effort to hire him that you did not know anything about building roads, and that you were all ata loge about it, and if you did not make an effort to get him to come and supervise these roads? A. No,Sir, I did not tell him anything of the kind. Q. Did you have any conversation with him about the roads? A. Not, in regard to these roads, Q. Now, I ask you Mr, Plott, if Mr. Roach aid not decline to accept the Bast Monbo Road, and if you did not send for Mr, Wyrick, and bring him back here, and put him back on that road,tell Bam that it was oll out of shape and that you could not complete 4%, and keep him here supervising your work until that work was -35— fone? A. No,Sir. Q. You had him herefA. Yes,Sir. I had him here, I was in bed sick and I could not get out to attend to it myself, and I asked him to go and see that it was done right. Q@. You aid not tell Mr. Wyrick? A. Any such stuff,No,Sir. Q. The road had been declined acceptance? A. No,Sir, it had not at the time I sent for Mr. Wyrick? Q. Had not Mr. Roach declined to accept the road in its condition? A. No,Sir, not at the time I sent for Mre Wyrick. Mr. Roach had not said anything about it. Re-Dir ect. Ry lire Turner. Q. You spoke about stumps on the Cool Springs road? A. Yes,Sir. Q. Moving them was outside of your contract?A. Wes,Sir. We had any smount of them to contend wtth ,stumps and rock. Q@. Whose place was it to move all those things?A. The County's. A. One time they sent men back there to take out some stump that head been left. We were at extra expense in coming back over the road,paying the road m chine man, we did not contract to use the rosa machine-- we hai a verbel understanding about it. Q. You were to dress it up ase best could? A. With wheelers, Yes,Sir. Q. They were going to put top soil on it, after you dressed it up any how?A. Yes,Sir, that was the agreement on the first road we built. Q. When was Roach to notify you? A. He said he would let us know before we moved off. He was running his level on it, to give us that to do-- made out notes on the road. Q. Any complainton it?A . No,Sir, he has never asked &s to do a thing that we aid not do it, and do it at once. Q. Now, I ask you about the $684.537 You said you thought you movedd from the Bast Monbo Rosd sometime about the 3rd, or 4th of December? A. We must have moved soon, because we never had their statement until after we completed the road ani moved away from it. Q. I ask you whether this statement was handed yom, giving this receipt, handed you to sign, after thie controversy arose?. =354— Q@. After the cntroversy arose as to the amount?A. Yes, Sir. Q. I ask you if thie receipt was not brought to you siready dated sometime before? A. I do not know, I was in bed sicj when it was brought to me at home, 3. You know that your forces had been moved? A. I know it was the next day after my forces left. Q. I phone after my force left, asked him to send me a statement and some money about moving? A. Did he send any money?A. No,Sir, Smith Campbell came down to my house with that paper, ani asked me to sign itg I refused to sign it. By the Court:g, You spoke about a bump on one of those roads, which road was that onpLlewis Perry “oad. Q. What kind of a bymp? A. Just a am=ll place. A. Mr. Road had piven us final notes -- he went over with his instruments and taken notee, located thie little bump. 2. What would it have cost to get a force in there to remove that? A. To have taken a force back in there moving and etc., it woud probably cost $25.00; If force had been in there, it could have been done for less. George Bmith, being duly sworn, Says; Direct . By Mr. Turner. 29. Where do you live Mr. Smith? A. I have been living in States- ville for two or three yeare up to March 1913, last, my family only left here S@@murday © week ago. Q@. Where are you workine now? A. Grem County. @. How lone have you been working there? Prom Ii] vember up to the 13th of last month. Q@. You family are not here now-- In Greensboro? A. No,Sir, my family sre now in Green County at Snow Hill. Q. Did yBu work on thece Iredell Roade?a, Yee,Sir. I did not work on the Cool Springs Road. -_ ~35—- Qe Which one of those roads did you work on? A. I worked on the Chipley Pord Road, the Lewis Perry Rosd and on the Hast Monbo Road. Q. Where -- were you with them on the Chipley Ford Road ? Not at the beginning ,No, Sir. a Qe What place on that 7) @ road we they when you want there? A. Mr. Plott was out passed the creek when I went there. Q. About two miles ont?A. About one mile [I reckon. QR. Wheat were you doing? A. I was with hin. ge Were you & mon or a Torgman? A. I was a foreman. 2e Do you remember bir. Smith this :'ash out that Mr. Plott spoke about? Yes, Sir. Q. In which he presents the extra account? A. Yes,Sir, Cne at the branch the other side of the river. and the other ie Just a little ways the other side of lir. Scotts. Qe Who put the p&pe in there Mr. Smith? A. I hakled it and laid the pipe in there at Mr. Lewis’ myself. a \, + a 4 _4 . © ‘ } fy Qe. what size pipe: Ae 24 inch pipe. a e sn 4 Aad +) 4, © 7 ‘ +.- QQ. Who furnished the lperAe +he LO Ye YT 7 on h > *7 vial - ‘ , 4 ‘ > » Qe Under whose supervis 1 did : put it in? A. Hg. Roach's, C Did he direct where it al i go? “e vD ~ rit A ev rei A € v ie | ‘ FO ! A. He directed &t to be put inthat place, Yes, Sir. @. Did he direct the depth it shonld go A . Yes, Sir. Q@. Then was the road contracted over that?fa. Yes,Sir. @. How much dirt above the top of the pipe, the depth of it? 2 A. Some wheres in the neighborhoods of two feet. Q. What effect did the rains have on it? A. Washed the pipe out md the road and bank, too, Q@. Washed the pipe out the road and the bank too? A. Yes,Sir, car- ried the whole road away, then washed the pipe clear off the road. Q. What did the County do after that? A. They had Mr. Miller come and put a ovncrete culvert in there? Q. What size culvert did they put in there? A. Some where about three or four feet, as well as I remember. Ge What is that culverty built of? What material? A. Sand,Cement and Rockf Q. Concrete ? A. Yes,Sir. Q. After they put the culvert in there, do you know what they instructed Mr. Plott to do, of your own knowledge? A. I done the work myself. My men covered it up. Q. Mr. Plott spoke of another place where it washed ogt? A. Little place above called Stewart's branch. Q. What size pipe was that? A. 18 inches, Q. What effect did the rain have on it? A. It washed it out, Q After it washed out, what did the County do? A. Put in a concrete calvert. Qe Do you remember the size of it? A. I think it wae four or five feet. I do not know the exect sise of the culvert though. “ Who repaired the road there over the @guivert? AI did. 2. What was the depth of the dirt? A. Above the culwert, after I finished ,why it wae six or eight feet somewhere, Q. That was the width there? A. Well at the raveme back there at the pasture, why it was 30 or 35 feet long. It wae washed clear acrocs the road--it was a 30 foot road with the slopes to the fill. Q. How wide was it? A. Well I said it was thirty foot wide. Q@. I want to know howfar the two ends were apart? Ae That is what I have reference to. That is the width of the Ravene 350 feet wide. What is the width of the culvert going over there? A. That is what I told you firet 30 feet. Q@. How far was it thie way?A. It was 30 feet long with the slopes added to it, one by one. Q. How wide was the other one that you helped to fill? -37= A. I ao not suppose thet was more than eight or ten feet wide, thirty feet long. @. You did that work removine the rock? A. Mr. Charlie Sherrill did that. Q. Were you with him?A,. No,I aid not help Raul the rook. Q. Do you know what that work you aid up there came to in dollars and cents?A. I do not. I know the number of days and the number of hands. Q. What were they. A. There were 8% days and 7} teams? Q. At what per day? A. Teams $3.50 per day I think. Q. What other work? A. Well we hada loader and a dumper and myself. Q. What is that worth? How many daye did you work? a A. I put in there 8% days. Q. What were your wages? A. I was vetting $60.00 per month and board. The Loader and Dumper was getting $3.50 per day. Q, You were getting Board besi@es?A. Yes, Sir. Q. So you got $60.00 solid time and Board?a. Yes,Sire A. That is some less than the men worked there by the day; The loader and dumper got more; they got-~ the dumper got $2.00 per day and the Loader got $1.75 per day. Q@. Was any other expense thet Mr. Plott was put to? A. U,,5it. Q. No, other extra men?Ae No,Sir. @. You do not know how long they were moving that rock? A. Wo,Sir, I could not say a8 to that. @. Do you know the fact that they hauled the rock, How long? A. I @een them at it?Yee,5ir. EB say I could not say how long they were. Q. Approximately? &@. Several days?A. No,I would not say, I do not know. Q. Do you know what they used as explosives to remove those rock? A. Yes,Sir, they used Dynamite. @. Do you remember when you completed the Chipley Ford Road? _ =56~ A. It was right the first of September or the last days of Aurust. Q. Did you see Mr. Roach or his assistant? A. I saw Mr. Roach and his assistant both, Q@. Before you completed the rosd?A. Yes,Sir, Mr. Reach gave me the last notes to go over the road. He gave me the last notes on the second survey, to level up the road, and I went on to take out the bumps where he told me. Q. After that did Mr. Roach make any further suggestions? A. He told me what he wanted; and that he wanted to co on to towm; that he wanted us to take pains with this roed, and said I do not intend to hold back anything on this road. Q. Now, did you finish it to his satisfaction? A. Yes,Sir.I finished it the best I could. Q. After you finished it what complaint did he make? A. I never heard of any. Qe What did the County do with that road after he finished it? A. I think they put sand on it. Q. Top soiled it?s. Yos,Sir, S. You moved from there where ?A. Lewis Ferry Road. QR. When you thought you were throurh with the Lewis Ferry Rmd, Mr. Roach claimed there was a bump there?A. Yes, Sir. Q. Did he give you extra re-grade it?A. Yes, Sir. Re Did you follow Bis instructions?A. We finished it according to his instructions all except that bump, it was late one evening, and we could not get ‘t down, and moved away before getting back to it. 2. What would if have cost to finish that bump? A. It would not have cost much $10.00 or $15.00, with your force there, Q. Suppé@se you did not have a force there, but would have to move one in there to finish it ,what would it have cost? 4e Gost of moving and «ll, might have cost $50.00. I¢ you had to take a fopeg,if you had to move the Camp back there, it might have cost $50.00, ae | ¥< ts ee -39— Q. Would it hav» been necessary to move the whole camp here to do this work?A. No, Sire Q@. How much world it cost a man to move in there, and haul it down according to instructions? A. With a half dozen wheelers a man could take it off in three hours. Q. How much would it take & man to move in there and 4o that? A. Take his team and 40 that? Ae A man could do that and get & profit out of it at $15.00 or $20.00. Q. That is the only thing that you failed to finish that you rem collect?Ae That is all the complaint I hear do Q. Mr. Roach knew you were in charge of the work of levelling? A. Foreman ,Yes,5ire Q. Frequently talked with you about the work?ae Yes,Sire >. Pointed out these things and what to aoTAe Ye »vite 0. Now were you on the Bast Monbo Road?A eNO, Sire we + Q. Were you there when they finished that?Ae No,Sire thing about finishing up that?A. No,sire . Ast ct al 5 © Qe You do no ww Cros s- Examination. y Mre Caldwell. h out was 30 X 350 as yu have described @ Q. Well, Mre Smith, the wa it. no culvert would nold a rain like that would it? , A. This was a fill yo" understand; it was Level when we filled it. I geaid that fill that was washed out wae 30 feet long ways of the road, and 30 feet acrossf 9, If it was enough rain to wash & place 48 big ae that, no possi- ble culvert could hola such an extraordinary rain as that? A. That culve® has took care of ite Q. Have we had such @ rain as that since to wash ®& fill out 30 feet wide and 30 feet long ways of the road; How long ie the culvert here @. 10 foot sulvert-- would & ten foot culvert hold such a rain a6 that? A. The pape was not large enough to take care of it. 5 iilhdeteatsesase callin -40- Q. I ask you if you did not leave rock right at the mouth of the pipe?fA. No,Sir. The pipe end was right on hard ground. Q. H’w was the first one? A. The last of the pipe may have been one foot off the ground-- hard ground. Q. How far off the ground Mr. Smith was that pipe where the water poured? A. It might have been off the hard ground a foot, until it turn and runs right close to the mouth of the pipe. r Q. Where the water poured out? A. Why Yes,Sir, it was probably half the width of the pipe out side beyond the fill. . Q. That is the fill where the dirt was?A. Yes,Sir. Q. Then the water must have gone over the top of that f111T Ase Yes, Sire Q. How high was the fi1l? A. I expect 12 feet high, something like that. probably gight have been 15 feet By the Court: How often was Mr. Roach out there on the road while that woek was in progrees, so far as you observed? A. About every week. He was there about three days before I finished. Charlie Sherrill,being duly sworn, says: Direct. By Mr, Turner. Q. Did you work for Mr. Plott on any of thece roads?A. Yes,5ife Q@. Which one?A. Chipley Ford Road. Q. What work did you do over there? A. Cleaned the right of way. Q. That was on the extra work then?A. Yes, Sir. @. How long did you work on that extra work?A. I do not remmmber how long it was. Q. What aid he pay you? A. Gave me $1.50 per day . Q. Did he give you Bo «fA. Yes,Sir, $1.50 per day and board. Q. Did you remove any rock on that road?A. Yee,Sir. Q@. Where wae that? A. First place was right here beyond this first branch. ~41- How long vere you removing thot rock?A. 7 daySe Qe How many men weve they?Ae Three men seven days « OG. What did you give themAe $1.25 per daye Q. And board? A. Yes, Sire Qe Bae any dynamite? Yes,cire Qe How much did you wee? If you know? Ae Something like 2 case and ® nalfe Q@. Any more way back further on the roed? feYee, Site Qe How many aid you work out there? A. Three@w men. Q. How many days? A. I do not remember how many days we wore at ite © Q. Approximate it then Ae We were about 2% day Se Q. Did you use any dynamite there? ve Yes, 3ite Gros s- Examinat lone Stand aside@e HENS PLAINTIFF RESTCe Tho defendant introiuces the following ovid Jee Syvick, vaine 4 aworh, LYOOTe Q. You know Mr. lott’. , 3iFe 5. You work for him?i. fes,Jire 4 id , 0 Q. You did work for on 2 of these rosds' 45- IT aid a fav day cK a ue Bt i ad Q. How come you ovor there? Ae Mre Plott had contracted with me to so to oh not to work until ne went to “herby; irei me to Statesville, I came on Bo2l ant to his and hie wife sick; he vaid he would iixe to get : the Monbo Road for him, and got things fixed up resdy to move, he was not able to look after them himeelf. @. Did he say to you that he did not mow how to By Mre Caldwell e 5 y VF e Caldwell 1 orking for hig newe ‘ ° — _ ‘+ ‘A Ws eA = . lby to work, 1 was to cone st once found him siek e th Zinish up that get the rond levol- a ~42< ed down as required by Mr. Roach? A. No,Sir, he did not say he did not know how, Q@. I ask you if this is not the conversation that he had, that he was careless about those things, and that he wanted you to go out there and-- that he knew the road was out of shape, that he wanted you go out there and get it in some kind of shape? A. I do not have any recollection of his saying that sir. He said he could not get out there to look after it himself; he said he would not be able to go out there himself for a few days. Q. Before this time , I ask you if you did hot have a conversation with Mr. Plott, in which he told you he was careless about finishing these matters? A. No,Sir, he said he was careless about looking after his mules and out-f@t many times like he ought he admitted thet. Qe I am asking about the road? “* A. I have no recollection of that whatever. Q. You do not know anything about the controversy here? A. No,Sir. Q@. You do not kmow anything about the controversy between the Gounty and Mr. Plott ? M. Yes,Sir, I was down at the house of Mr, Plott, when Mr. Campbell brought the last estimate down there, that is the first thing I kmew anything about it. Q. Had the outfit been moved then?AWe moved them Saturday the 29th, er Monday if I remember. I just cannot say which, it was ei@her the last daye of November or the first of December. My recoli ection is that they came to Shelby Wednesday the 3rd of December. Q. What was the condition of that Bast Monbo Road when you went to it? A. It needed some bumps knocked off it; they had re-surveyed it, and I knocked them off, and run the road machine over it. Q. What wae that road machine put on it for? A. To kinder dress at up. Croc 6-Examination. By Mr. Turner. Q. Well, dia you say Mr. Ploét was sick, when he came there for the receipt? A. It was an estimate. Qe Would you recognise that estimte if you were to see it again? ~43- A. I don't know but I micht. Q. Was it on Saturday before the last Sundsy? A. That date would be what time? Q. Saturday was the 6th day of December and Saturday was the 20th. day of November ? A. About that time, 29th day of November, that is the date. Q. Now, at thet time, you don't know whether it was the first Sature- @ay in Decmber or the last Saturday in November? A. It was the last Saturday in November, everything was packed up ready to g0. lr. Plott was sick, and wanted me to look after som mules he had carried down to his house, and get some wagons ,round up the men, and get all the stuff off. Qi Were you in charge? A. Yes,Sir. Q. You had finished up the work?A. Yes. Mr. Lippard was bossing the Q. You looked to see whether the road was completed? A. Yes,Sir, and run the road machine. Q. Bid it pass?A. Yes,Sir, it passed, I rode over it with Mr. Roach. Q. Did he approve of itfA. Yes,Sir, @aid it was all right. Q. Are youa partner of Mr. Plott, road builder? A. I never ! t any roads. Q@. Do you kno is general charsacber ? A. Yes,Sir. Q. What ite his general character ? Ae. Good. Q@. Ie that the estimate you refer to? A. I think it is. Baper dated November 29th,1913, he thinks is the paper, but is not positive. ey eB. Roach,Being duly sworn, says: Direct. By Mr. Caldwell. Q@. What are your initials?A. J.B. Roach. we Q. What relation to you bear to the Iredell County Commissioners? A. County Engineer. Q. How long have you been County Engincer? A. Since the first of February ,1913. "44~ Q. Who was engineer prior to that time? A. Mr. W.5. Pallis,. Q. Who was his assistant? A. I was acting as his assistant, Qs How long have you been a Civil Enmgineer?fA . Seven years. Q. Where did you ohtain your engineer information and education? A. University of iti: sissippi. Qe At what points were you engaged, what work did you engage in after leaving the University of Mississippi? A. I was engaged on the Yazoo ,Mississippi Delta, we worked from Memphis Renn, to “la®@kesdale, building levies ,acting as engineer. Qe How lone did you remain there?A. Two years. Q. After leaving there what kind of work have you been engaged in since? A. High way work. I did some work in my home town Oxford Missis- sippi, and at West Point,Mississippi, and then in the Easter part of this State, before I came to Statesville. Q. You worked under Mr. Fallis in the Eastem part of this State? A. Yes,Sir, and came here with him. Q. Who wae the engineer in charge when Mr. Plott began his work? A. Mr. Pallie was engineer when the contract for the Cool Spriggs Road was let, since that time on the Chipley Ford Road, Lewis PFery Road, and the East Monbo Road, I was engineer. Q. Who did the building of the Cool Springs Road?A. Mr. Plott. Q. Who did the surveying and cross section work? A. Myself and assistant. Q. Have you your profidas and cross sections of, that road in Court? A. Yes,Sir. Q. I wish you would get them please, and your figures as to the amount of yardage on the Cool Springs Road? How mny cubie yards , Mr. Roach of excavation was made by Mr. Plott on the Cool Springs Roed? A. 30,573.8 cubic yaris. Q. How do you arrive at that amognt of yardage, and how was your work done, now in your own way tell the court, and don't talk too rapidly? ~45— A. In the first place ,I decided on the location, after gettig that, I used lathes to get ny center line of the road, after that I took my tape line and measured of the right of way of the road thirty feet-- 15 feet each way from the Center, then I took my level, tape line and rod and cross sections it. Took readings at the center of the cross section, and on each side, at the left side and the right side. In o: ner words, if I thought it necessary to take a reading at station plus 60, or statinn plus 25, I did that, in that way, in taking readin-s at the stations, I was en- abled to get a cross section of each station. Q. How were these ststions figures out? A. Section by section? A. Yes,Sir. A. After I got there cross sections, I got my cross sections drawings, am having the orifinal cross sections of the road, then ‘setting my grade on it-we---~ I was ~ble to draw the fireure of the area of each cross section . Q. What condition did be. Plott leave the Cool Springs road in? A. I considered it very We@gh condition, the road was not graded quite enough, and on part of it slopes were not as decided as they should have been, and ve had a good deal of trouble moving pipe lines and did some extra grading. Mr. Leinster force spent® between $700.00 and $800.00 on it doing extra grading that should have been done by Mr. Plott. By the Court: Qe How much did you deduct of that $700.00 or $800.00 dollars? A. I dia not take $700.00 or $800.00 from the final estimate due Mr. Plott, for Mr. Leinster did a little more work than was neo- essary on thie road, but that is the force account that he told me he would submit , but he never submitted it. Q. But because of the condition that Mr. Plott left the road, what deduction did you make? A. I have not got that final estimate; there is something Ikke $300.00, that ie the final deduction. I checked porti ons of this ; personally, I can tell you what that wae. Ee a me -46— Q- You furnished Governor Turner with these figures?A. Yes,Sir, @. You retained on the Cool Springs Road first how much? A. $456.15, Q- And you finally dedueted $300.00, leaving the County owing Mr. Plott on that Road?A$l56.15 ,Yes,sir,. Qe Now, Mr. Roach are there not Places on that road, where the Contractor had failed to comply with your profiles? A. Yes,Sir, in getting his width as wide as the profiles, Qe Grades?A. Yes,Sir,. Q- And for all that you held this reduction back? A. Yes,Sir . Qe State to the Court, whether an engineer in your opinion, could g° upon a road after it has been graded for a year, or that hag stood through a winter, and without any profile, without any owoss section and without any grade, and give an accurate calcula- tion as to the amomt of dirt that had been removed?A. No,Sir, Q. Why could he not? 4. Because of the fact that he docs not know where the center is; he does not know the center of the road before it was contractede« I can explain to you with a little drawing the point that I wish to make, with a piece of chalk? &. By the Referee: We understand, A. You have a section like this -- Original croes section-- then the grade comes down here, and taking a rvading in the cut below thie position in the cross section why the yardage will show up less, He has not get the original center and cannot get it, he has to make an approximation as to that original center. Q. Now, when you made your calculations did you make them on your original cross sections?PA. Yes,Sir, I based them on my original cross sections. Q. Since making pe profile, cross section and grade line on the Cool Springs Road, state to the Court whelther you have gone over your work, what you have done to verify your work? As I have been over it at least two times, an) checked over it twice or three times -47~ Qe Do you know Mr, Fireth?A,. Yes,Sir, I met Mr. FPireth. Q. State whether you ever declined to meet Mr. Pireth? A. No,Sir, Mr. Fireth came up here the first time relative to make an estimte on amount of yardage on some road, and we @ook the East Monbo Road. He said he would be back here later on. He did not specify any day, and when I knew he was here, he hed checked over the work on the East Monbo Road. Q. In your absence?A. Yes, Sir. Qe Now, let's set to Chipley Ford Road, that is the Roud that starts North-- about three miles?A. Yes, Sir. Qe I see you retained on the Chipley Ford Road $439.74?A.Yes, Sir. Q- And deducted for levelling ,etc. that entire amount? A. Yes,Sir. Qe State to the Court in your own way, why thet money was deducted from Mr, Plott? A. Because of the condition the road was left in. In the first Dlace it wae higher on the sides than it was @m the middle; it wae very rough, had little Bumps all over it, was not wide enough, and lots of the pipe lives had to be removed on what work they did do. Q. Is that the road the pipes washed out in?a. Yee, Sir. @. Something was said about a pipe washing out just peyond the Yadkin River, at the firet little Branch? A. Yes, Sir. Q. Why was that pipe put in there? A. Drainage pipe, to protect his work, I suppoee, I do not know the condition of that pipe. Qe You did not see it?A. No,Sir,mat until after it wae washed out, Q. I believe it was a fect that Mr. Plott did do this filling in? Ae Yeo,Sir. Qe. Was that carried forward in your estimate?A. No,Sir. Qe Why not? A. Because it was one of the bigrest rains we had, and in making estimtes of this kind, we do not take floods that come every ten or fifteen years into account, [ told him at the tim, i could not speak for Myself, but if the Board was willing, I wonld be glad to pay him for the one. ~48~= But thet I could not recommend it, not knowing the condition of the pipes were placed in. Q@. You made no agreement topay him for it? A. No,5ire Q. How wis the first wash out? A. I know about the fill-- the fill was about ten or twelve feet, but I do not know how the pipe was placed in there. Q. In your calculations of the amount ,how did you arrive at the amount of yardage on the Chipley Ford Road? A. Exactly as I arrived at it on the Cool Springs Road, took the original cross section. Q. I nogice that Mr. Derby measured it, and according to his messurements has 53,802.96 cubic yeris, & then at the side of thig County Surveyor 52,507, turn to your figures the paper I note please sir, and see what you did give Mro Plott credit for? A. 54,236.35 Cubic yards. n a & . = - + ’ : 7 aw t mn ©» - “* That was on the Unip.c) ‘ord oad?A. Y piles ' : “7 o ~~ wir > a 2Aa feo a Q. So you have given fim crea t for more yardage on that road t oh Mr. Derby ficures for him The S,01r. , © - > > C ss r Pr ef ; > je} } c+ @ x © Cu - This $439.74 was st 4f I understand you?A. Yes, Sir. Ro The next road { the f Ferry ond PA. es, Sif .e Q. How did jy arrive at ir calculation and figure the yardage on that road, the / Ferry} ond?A. Same way as I did the others. 2. The Lewis Ferry vad is the one that connecte th what? A. Bostian , or the National High Way, ibout two miles away, may be little more-- may be two and half milee in this direction? 9. West of Statesville, andi then runs to Abernathy's Store. Yes,S5ire 0. That is the roed just beyond, you go out on the Buffalo Shoals Road? A. No,Sir, out to Bostian&s bridge, and then on . @. You state to the Court hor you arrived at your figures, how you mate your calculations there, what you base them on? ~ ~ A. Exactly as I arrived at the other yardage on the other roadse«- t failed to sate though in counting in and estimting this yardage, -49- I calculated the cuts excavations and where there yardage of the embankmant would be more than the excavation, I also calculated the embankment, I allowed for the embankment slope,whenever it was in excess of the cut. Q. Have you verified your survey and your figures on this Lewis Ferry Road? ts .e Yes, Sive Q. And your estimates here are correct?A. Yes,Sire Q. What yardage did you find there’? > ry 5 nn 4 4 eva nh4 ~~ Q@. hire Roach was i greater amount of cubic yards removed on that + 4 vy } . , > a f vy ro 4, t} J 1! 6 liven ile Plot Cl 1 t OY Ae 168, oile At Stewart's mill,I instructed Mr. Plott to leave an opening there two 36 feet openings and one 40 foot, and he filled it in 7ez feet. Q, He did leave the opening for the 40 foot opening?A. Yes,Sire A. Of course it «oul4 depand on the height of the fill, I do not recall just what it would be, Q. Can 1 give the Court an estimate .1t that would be. 4. I would have to look at my profiles; Loo§ at them, 6 e at i1 ould be? Le Approimatelyj 7 ar ° Q. You say you told hiz t t ut that in?A. Yes,Sir . Q@. Now as to the Monbo Road Mr, Roach? @. What was the condition that the Monbo Road was in? A. When [’accepted it it was ina first class condition. Q. Did you ever except the Cool Springs Rondfa. No,S5ir. Q@. Or the Lewie Ferry Road? a. No,Bir. Q@. Or the Chipley Ford Road?A. No,bir. _ @. State what information you guve Mr. Plott, if you recall it, j as to your inability to approve his work? se A. I told him when he finished each road we could not accept them aan Mae or pay for them, that it was not in the condition -- that they wouadandd the the rRovdttboavébatn thenasperneh codletc faztuapimbhey we ; } { : ~5O— were not in the @ondition that the contract called for, and that we would do the work ourselves and charge him for the actual money that was expended. Q. What do you know about this $384.10 Extra work, on what is known as the Chipley Pord Road? A. That is taking out rock. Q. Was that for clearing and gruBbing the Right of Way A. I think $323.49, if I am not mistaken is the amount for putting the fills back and for the work on the Chipley Ford Road. I do now know whether you have seen that force account or not, it is $322.49. Q. Have y u allowed him for this force accoung on the road here? A. No,Sir. Q. Why? A. Because I 4id not think he was entitled to it. Q. Why not? A. He did nat do the rock work, he did do the filling because those two fiils washed away-- across those two culverts--= he filled thore upe I did.not think they were properly put in from the information that I got, and I refused to pay him on that account, Q. Prom whom did you get that information? A. Prom Mr. N.E. Lewis, the Commissioner. Q. Which bill is $323.497A. Yes,Sir. Q@. You eliminated that entirely. Q. Then come to their Amended Complaint, you allowed him the difference between that and the $364.10 on the Chipley Ford Road? A. @hat was paid for in monthly estimates. Q@. Then on the B.st Monbo Road $377.60, was that included in your monthly estimates?A. Yes, Sit. Q@. On the cool Springs Road $233.207A. Yes,Sir. Was that ineluded in your monthly eatimatesTA. Yee,Sir. Q. Qn the Lewis Ferry Road, what? A. $602.80,Q.That wes included? A. Yes, Sir. @. How 4id you arrive on your monthly estimates,Mr, Roach? #~5l= A. After having calculated the yardage for the entire road, I drove out it, and took it up station by station, the work he had done, Q. How often did you do that? A. Bvery month I took it up and F checked up his estimate every month. Q.- Did you make these estimates on the Cool Springs Road each month when you came then to the completeion of the road, you finally gathered together all those amount of the estimtes, and got the number of yaris? A. Yes,Sir. Q. How did your asgregate compare with your original? A. It was exactly with my original. Q. I believe then you made no deduction then on the Monbo Road? A. No,Sir. Qe. You did make a deduction on the Lewis Ferry Road, You retained $354.12, I believe? A. Yes, Sir. Q. Then you later deducted afterwards for levelling so much? A. $150.00 Q. That left you charging the County and crediting Mr. Plott with how much? A. $204.12 Q. Did --- Now to the EZast Monbo Road, you retained how much on that road? A. $394.94. Q. Do you still retain that or not? A. No,Sir. retained nothing onthat road. Q. You gave him credit for it. A. Yes,Sir. Q. I see here that you deducted from that amount found due by the County to Mr. Plott an item of $25.687 A. Yes,Sir. Q. Something about some stump puller fixtuwes? A. We let Mr. Plott have the County's Stump puller, ani told him we would expect him te repay the county for any parts that tt a alti. a ar a were broken while hw was using it, Q. What was it worth, whet were broken? A. That is the actual expense. Q. $25.687A. Yes, Sir. Q. Then after the final calculation of the yardage, your deductions _ ne and all it leaves as you have down here , and offer to see paid @ balance of $684.53? A. Yes,Sir. Q. Is there any other thing Mr. Roach, for which the County of Iredell is indebted to Mr. Plott, besides what you have enumerated herefA. Nothing that I have any knowledge of. Q. State whether or not was there any filling on the Monbo Roed, at any point where Mr. Plott should not have done it? A. Yes,Sir, at the creek down there, he filled in there too close for us to get our bridge in there as agreed on. Q. Now, in his estimates , in Mr. Pirth's estimates was that taken as he found it?a. Yes,Sir. I calculated that it should not come to the bridge. Q. Suppege that is the Road, here is the place where you intended the fill to stop and leave an opening A. Yes, Sir. Q. de filled it up more, and ky. Firth cakculated it to the end of Mr. Plott's fill, it wouid be about the difference in the yardage? K.& should ju@ge between 200 and 300 yards. Q. How much in dollars, if you can estimte it? A. $25.00 or $5.00 Q. About 200 yards? A. Yes,Sir. Q. Mr. Roach did you make any statement to Mr. Plott,or any pther person,that you did not properly check up, calculate and estimte the yardage in any of these Roads? A. No,sir. I did not figure the slopes on some of the roads? Qe Well why? A. It was the difference in the width, the lack of having it wide enough over-balances the fact that deductions were made on these slopes.Q.His failure to have the road wider? A. The road ie not wide enough in many places. I did not give him any slopes on the Exst Monbo Road, my cross sectians will show that. By the Court: Why wae it? A. I did not give him any slopes because of the fact, that he did not grade it 30 feet wide. Q. Did they later grade it 30 feet wide?A. No,Sir, Cros s-Bxamination, By Mm. Turner. Q. Did you hear Mr. Sloan's testimony ? A. Yes,Sir. Q. Did he state hie figures correctly as to how much he hed paid 4 Mr. Plott? Q. I did not take down his figures, Q. You know the figuresfA. Yes,Sir. Q. I ask you if these figures are not correct? Make your own ae ficures on it? 1 Q2.0n the 8001 Springs Road, how much a rou pay him for his entire work? A. $6,768.59. 4 2. How much did you pay entirely on the Chipley Pord Road? cA A. $11,263.75 Q. Now on the Lewis Ferry Road? ae $6,728.51 . ry as 4 ™ > a Y : * i "Ac 4 Q. On the East Monbo Road? A. $3,149.47 : . a 4 . 4 Y _ + “se rou h ve I totale i it? .e 4 9+ . - Vv a Ve ; . ; ‘ : ~ 2. Now, is that all that has beer id on all these roads , ; 14 , +o . ©219_N7 3 cama . ye = A. There is & little item of $212.00, I do not se t just now. ri}, . rA +ha + r + pAA +4 7 +} + 4 arilg? s Ve ' J. That amount and that amount edditional v is all? A. Yes,Sire ” 4 ‘ a £ a ») “e Ou 10 i" t hat that w i ev or Va. » ~4iwn on + F aa Ae 0 \ \ in u »~ s A 4 GuUe — + . o You don’? et t t K WE t 19 mi t gO and see: ae 40U 10 ° . I & ! t e AUe ° é ve . : - 4 4 — ’ - ” + » 4 " ° ney ; re Lee OW. ‘ . oaah, “ U . As yy A * > v vas ‘ : + mbr pm {yr 4+ 4 + +miatior + s ro if ‘ ive Us, rite ‘? - : 40 ‘ + ~ Q . & TAS t Dt€ ) i f rt "o WP te ij ‘ ~ ae Ye , oir. - Z a any 2. a Be 4 s , + , ey ge aa 7 i TY I Lbs a 4414 VAS g r Pord Road, that he ie entitled to credit r ’ Ae AB I hav eS ‘ Ail J Q. How, that >t $512.00 A. No, Sir. @. Was that the amount of extra work he did on ths nd, outside of this contract? A. No, Sir there 28 $212.00, but #384.10 was extra work that he had done that he was entitied to credit for. Q@. Now on the East Monbo Road? How much was the extra work? A. $377.60 Q. On the Cool Springs Rond? A. $233.20. i 2 2 elbdne Q. On the Lewis Ferry Road? A. $802.80 + 5 ct Q. You mean for extra work?a.Yes, 4% Q. That extra work is embraced in th: testified to in the beginning of your he had been paid on the Cool Springs & om) — bed Q@. Do I wnderstand that this nt th cluded in the $6,768.597 A. Ye ‘fy aa ae + 3 4. - & Wa 4 = o ee liow, that is the Cool Sprinrs Roadi Q Dan & + . 4 a) +A 4 4% ae Puttin t at tore er, vll a } —_ 4 . A. I have not got it here. @. This extra work done the four r in t $1797.70 embraced QR. Now, is this A. Yes,Sir, those amount Are cluded Qo. Those amounts include this tota «: This extea work plaintiff pe rmed On the Chipley Ford Road, you t ink he Six. ée amount up here that you evidence, wherein you said oad 96, 768,59 ? Ae Yes pvitre at y are speaking of is ine he - we wae * tr ork amounted to how much? onds amounted’to what? he $27,909.92? in this total. 1 here? A . Yes, Sir. in filling, for re-filling is not entitled to credit or that?A. No,sir. ae be e you think the k was @08 done properly originally? A. Yes,Sir, it wa ) e properly in the beginning. That is ny idea. Q. Who furn e@ the pipe for thi {i1?A . The County. Q2. Who designated the e the pipe to co in there? Ae In most cases the pipe ere Asid down on the ground, I could not Ba bout that, iid not see it. Qe Did you not make a ticket co ing the pes that you furnished? A. Not, at that particular place?A. No,Sir, Qe Any way the pipe they put in was ap tant? <A. I do not know that but generally speaking they were. Q. Generally speaking that is true? A. @. You do not know whether they Ae No, Sir. Q@. You acted on what some one else sai I received. proved by you-@me your assisg- they were in thie particular case, Yes, Sir. put in the pipe properly or not? a4?A. Yes,Sir. From information ie i" % st ~55e Q. You know what the size of them were? A. Did not know then. Qe You know those pipes, you know wheat the sise of them were, ~ ~ were they large enough to take care oi A. We had no f&ndications of a flood? Q. Did you think of A. You mean the pipes tha$ put in there + that are in there now? QQ. The ones tha Ae No, sir. this water? it, and prepare against it? at first or the ones t were in there at first? Q.- So you thought the Contractor ought to be put tb that expense? . A. Yes,Sir. Q. New, pipe? he fa can you designate wherein Ae lio, Sir, I cannot as I did not said before this vas an unusually big ra repair such damage every ten years than to put in culverts which last for those Qe You thought that ought to be done at A. Yes,Sir, because of the fact that it had heard at the place of the manner it drew my conclusion from, Q. Otherwiee, you wou think he would not?A. Yes, Sir. Q. You do not complain of in do you? A. No,Sir. Q. You think the A. Yes, Sir. Q.You do not think he is entitled to it Qi That ie true as to both of those fil were put in on that Chipley Ford RoadTA Q. You were in charge of the work on th A. Mr. FPallie was in charge at the time took the position February, I had charge from that time until ite completion early in the Spring, when it was completed. iled to put in those first see them put in, but as I in, and it is cheaper to to go to the extra expense floods. the expense of the Contractor? was new work, and what I was put in, that is what I be entitled to pay would you the amount that it cost hime-- that he put amount is reasonable? at all?A. No,Sir. la-- pipe lines-- that « You, Sir. e Cool Springs Road? the contract was made, I ~56— Q. Mr. Fallis was not here then? A. N,,Sir. Qe He had ceased to be in the employment of the County at that tim. Qe. And it devolved upon you to make an inspection as to whether it came up to the contractPA. Yes,Sir. Qe You went over the road did you , after Mr. Plott informed you he had finished?A. Yes,Sir. Qe You mede other estimted and pointed out, giving your memoranda wherein he failed to come up to yaur requirements A.Yes,Sire A. Did he go back? A. I could not vouch for that, he said he did. 2- You do not know whether he did mr did not? A. No,Sir. Q. Did he not always do what you told him; did he ever refuse to do anything that you pointed out to him? A. No,Sir, can’t say he did. Q. He may have done so?A. Yes,Sir. Q. If he did it then according to the second memoranda you made, then he completed the road according to contract? A. If he 41d it, Yes,Sir. Q. Now, le that also true as to the Chipley Pord Road? A. Yes,Sire Q. All that you said abo t the Cool Springs Road applies to the Chipley Ford Road ? a. Yes,Jire Q. And it also applies to the Lewis Ferry Road? . Yes,Sir. Qo. And to the East Monbo Road?A. Yes, Sir. “ue @. I believe you said tht ydu did not allow him for slopes in som instancesfA. Yes, Sire A. We allowed him all the embankment elopes when it was in excess of the cuts and where the road was generally 30 feet wide. Did the Contract not say that it could be 30 feet generally? A. I staked it 30 feet. @. Im some instances 414 you not make it less?A. Not on any of these roads except the Chipley Pord Road, after a certain distance out we narroved, I put my etakes where I narrowed to 24 feet, Q. Is it not also true that you sometimes narrowei on the Cool Springs Road?A. No,Sir. aS i” @. You think it is uniformly 30 feet? toe A. No,Sir, it was not. It wae staked for 30 feet andy L Vi s —— ais - << ee Tet i - ogee “ bh. - = oe 4 - s - “ 7 on | al pre eae - ; cite on . 4 ae edd a oe oo [a ed % ¥ ot Bet ~58~ Q. How many on the Chipley Ford Road? A. About B4 miles. Q. How many on the lionbo Road?A. Something like four miles. By Mr. Caldwell: The contract calls for 12 miles on the Chipley Pord Road: A. I could not say positively unless I was to see my records. Q. How many cuts on the Chipley Ford Road? A. There are some, not a great many . Q. what is the dpth of the largest? A. As well as I remember 12 to 15 feet. Qe What about the length ? Some of them would extend nearly half & miles, would they not? A. Possibly one, jus” before we get to the South Yadkin River. 26 What is one of the next longest? A. I do not know any long ones, it is mostlyhill side cutting. ° Qe Let's go to the Lewis Perry Road? @. Did you cross section that ? A. Yes,Sir. Q. How many cross sections did you have in that? 4. I had cross section in there whereever I thought it was necessary. Yhenever I tho mht it necessary to have a staion, I had a cross section. I do not imow the number of the stations, 4¢ What is the length ’ thoee cross sections? A. It might vary 25 feet oneach side of the road, generally \ Speaking where the cub was great enough to exceed the slope, + 4 I took a cross section reading 25 feet from the ce > ct ® a | © re st ® ty © > pe and I took a cross section reading as far es 35 feet on each side of the road. Q@. What is the distance between each section? A. That depends on the ground entirely, if it is necessary to put them 50 feet apart or 100 feet apart. Qe Have you got your cross sections or notes?PA. Yes, Sir. 2. ‘S11 you give me the cross sectione on the Lewis Ferry Road? Q. What is the yardage in the fit section, please? * A. 55 yards first section, that is an embankment, Lawl Qs Did you calculate the contents of the borrow pit?a, No,Sir," ae ‘ ; a ad "sie “ee é; a ft. a sor iS ; alae ‘i pty ~ , a 4 ’ f i ee y P 57 = was for 30 feet. At some instaces did you not narrow the road? A. Q. Do you knov what Nr. Campbell did?a. No,Sir. ” Wo, Sir, Qe Was he not on the road more than you were? A. No,Sir, I do not taoink so. Q. You do not know what he did? A. Don't think he would change my grade. I tried to impress on them that I was in charge of QR. Sometimes you found it would be impracticable to make it 30 ae sometimes you found feet wider than necessary? Ae Have yOu not a good deal of the Lewis Ferry Road, FPomd Road and saiso the Cool Springs Road, rood many the road is ier than 30 feet? A. I could not say. I d1da not ali it in locating leacke of ite being 30 feet? Q. Are you familiar with thie cloure in the Cogtract, road generally to be 30 foot rond , y? A.Yes,Sir. Objection. Q. Now, does the contract say this” The widths, slopes and other jimensions may be varie ‘ time by t enrinecer to it c in stances.” Ani that } arrowed the 30 ot ro on t) Chipley Ford Road, is it not’ A. No,S3ir, not because of that, but because of the fact that it was agreed upon by the Commissioners, and because I was inetructed to maikg it 24 feet. Q@. Did you marrow it on the Lewis Ferry Road, because a lasek of é travel? A. No, iire Qe Nor on the Cool Springs Road? A. No,Sir, the distance out in these cases would not 2. Do you remetiter how many miice ar Q. How many niles? nat ee ~ 4 . ton, he I cannot give you the exact csaic! Something like 9 miles on the Cooi Springs ? A. Yeo,s Q. How many on the Lewis Ferry? A. About eight miles tim t;. on thé Lewle Perry An 1 Ga pire you approximatd y wnat piaces where t. I check up the justify it, Roat? b-go-i0 my -c ordsy ifs something I did mt the vork. feet? It 18,5 * a7 & ~bt* A. The reason for this was because my calculations were made before any work was done at all? 9. You calculated and estimated how much yardage was in it before you put them to work? A. Yes,Sir, hor much wouhd be. @. You never made any since? a. What? Q. Any other calculations?A.I have gone over ny figures »ves,5ir. Q. I mean you have not gone over your grades? Q. Take measurements? A. Measurements and estimates, Yes,5ire 9. Measured it since the work was done?a. Yes,5ir. Q. Did that in person?A. VYes,sir. A. Iwas dovm there personally some of the time, part of the time, but not all. The figuring was done on it. . Yournote work? A.Yes, Q. Part of it your assistant worked?a. Yes, sir. who vas your assistantfA. lir. Campbell. Q. Is he a refular engineer? A. No,3ir, but he did only thet part that any ord&mary school boy does, runninz levols. ® 2, He had no training? A. He is taking a correspondence course from the International people, which is a very good course. Q. This is the first experienme it s he a?a .Yes,Sir. @. All right, you give me the firet section hor much 35 ? ’ A. Yes,Sir, that is an embankment. &. I have alreaty done that, mide my estimate will show this for 100 feet -- I take one grade and estimate from how many cross 8ec- tions, end I can rive it to you here much more rapidly and it is exactly the same as this we have been taktng-- we have checked it station by station and thie fives us the same thing in the aggregate. These are my monthly estimtes, and will show that and will simplify the matter. -60 Lewis Ferry Road: First Estimate. Statéon. 1-70 - 7-50 510.2 cu.yds . " B=10 17-50 577.2 " * * 20 37=20 15.5 " " : 58-50- 46-20 443.4 " " ” 49-60- 51 23.3 " " se 53=20— 64-45 122.5 " * " 66- 68-75 S64 * * , 4 " 69-20- 82 610.9 " " ° 683-50- 85 27.8 " * ° 69-45- 111-16 2465.1 " " " 113-80- 116-60 1063.3 " * " 119-30--128~85 1565.1 " " | " 129=30- 131-65 92.2 " « 132-35- 139 409.2 " " That is the yardage in Estimte No. le \e -61l-= Eetimate Noe Le Statton. 139 - 147-50 510.4 cueyds. " 148- 80 153 306.0" " " 154- 30 156-60 52.2" " " 158- 35 169 212.5" " " 170- 25 182 221.5" " " 185- 90 186-76 g00.2" " " 189- 45 210 1136.7" " " 212 219-70 412.4" " " 221-40 238-40 674.5" " . 839~35 252-60 564.2" * " 253-45 276=20 900.2" ” " 278-75 286=- 35 756.3" * " 288-55 297-90 473.3" ” " 298-45 322-50 1946.7" " rn 324< 343 1067.5" ” n 343- 354-20 835.2" " " 356-20 364-5 631.3" ”" " 364-80 367-10 162.0" " " 369 - 376 e72.0" ” Theat is eatimate No. 2 Here by consent ## the de endant offers the three Monthly Eetimtes on the Lewis Ferry Road, so that it is deemed unnecessary to write Jom the third Monthly Betimte, which are herewith filed ani marked Exhibit #6. The third monthly estimate embracing the Lewis Perry Road, the last sheet not enumerated above in my evidence. Q. You explain this Station 113 «80 to 11660, A. It is one grade point to another grade point. Q@. so you put those statins in two columns? ‘ errr ~62= A. For instance if there is a cut there , here at the first station would be the berinning of that cut, and the second station would be where the cut ran out. Q. In making these estimtes ,I understood you to say that these estimates were made by you and your assistant? A. I made 2111 the estimates myself. Q. You made all the estimates yourselffA. Yes, Sir. Q. That was befowthe work was done-- that was the yerdage,. A. Yes,Sir, the yardage was complete before the work was done, Now, then did you take your instruments out there, and measure it after the work was done? A. Yes,Sir. Q. Went over it station by Station?A. No,Sir, but enouch to get an idea of what it lacked for acceptance. Qe When did you do that?A,. After the work was graded by Mr. Plott on each road. Qe And your second estinmste never did vary from your first on any of these ro.ds? A. I 41d not make any second estimate. I said I completed my estimate of the yar ge in the cross sections, not from ny estimates. Q. 30 your oricinol estimate correspons with your second, and your second corresponds with your third, is that right? A. No,3ir, I found differences 211 over the road, not as wide as contracte’ for, or as wide as the profiles show and not down to grade ina great miny ins‘ances, I did not mmke any estimate on the yardage, my first estimate stand for the yardage. Q. So that you did not actually find out the yardage? A. I check from that-- I check from the office, but not from the field worke= I 4id the office part of it, but not all the field work, Q@. You made the calculations in the office?A. Yes,Sir. @. You say you have the came thing on all these roads?A. Yes,Sir as — sf oN i; ee ; i k i ~63— Q. Now, then I believe you said they put in about 700 yards near a stream on the Lewis Perry Road, more thm you required? A. Yes,Sir. Q. Did your memoranda that you furnished on the road show that ? A. I instructed Ili. Plott about it. Q. By written memoranda showing this?A. No,Sir. Q.Did you have any written memoranda as to this?a, No,Sir. Qe. Did you not sive writtem memoranda? A. Yes,Sir. &8nhs Q. Do you know whether your assistant told him to leave it like this?A. Like it was?A. No,3ire Q. Then if he was entitled at all, he vould be entitled to the 700 yards, I mean if Mr. Campbell told him to leave it as it was? 4. I do not think so. told him to leave it a certain width. Q. Suppose Mr. Campbell told him contrasy to that? A. He would just have to take the consequences for doing it. Q. The conseauences of that would add that much more to the yardage?fA. Yes,Sir, it ,ould be 700 yards more, if it was allowed. Q. Now, did you ever complains to Mr. Plott that he put kore yardage there that he was told to? Ae. It was done when I go out there. 0. Have you c2rzlled hie attention to it : I ask you if this ie not the first time you have mentioned it to him? I do knor I menti ned it to Mr. Plott in going over the road. I saw it was filled in there too far. @. Dii you esll his attention to it? A. When he was over the road. Q. How far did it extend beyond that point? A. Way up the hill. I won't be positiva. @. You never mentioned ite- never called his attention to it, while his forces was there? A. No,sir. Q. You have not called his attention to it since his forces left? A. No, Sir. PLAAMO0 | Q. Is that true also as to the opening at sbewnré’s creek on the 6g mode East Monbo Road, you heve not called his attention to it? A. No,Sir, I have not called his attention to it. Q. What would be the usual depth of this f111 at thie place? A. Possibly @ 20 feet deep. . Qe He did not leave as much opening as you thought he ought to? A. No,Sir, Q. I ask you if you osalled his attention to that, while he was on the road? A. I do got recall that I did. Q. Have you ever called his attention to it since? A. I went in detail as to the deductions-- possibly I did , poseibly I did not. Qe I ask you if this is net the first time it has been mentioned to him? A. I vent over the road with him or his foreman in charrce and told him, Qe I ask you if this ise not the first knovledge that you have that it ha@ been broupht to his notice, is nowe?A.Yes,3ir. Qe You did not eay anything about it when you expressed your self satisfied and the work all right on the Monbo Rond a moment aco, but now you want to say that the work is not all right, is that it? A. I think I stated, that it ras all right as to grade, I beliew I 414 as to the retained percentage. Q@. According to your Counsel, Ii. Firth ditfers in counting the yariage with the amount that you get? Ae Yos,S8ir. Q- You accounted for thate- you need not go over @%? Qe Mr. Firth took your notes and made about 200 yards difference? Ae Yos,Sir. Q@. How do you looate, or account for the differmnce or lr, Mardy with the amount of your yardace? &. I think part of it is due to the fact , because there was be & -65— over haul in back creek, Ire Plott dumped the dirt out some of these places, one right there within ten or fifteen feet of the road bed. It was cheaper for him to do that and excavate. Q. You aid not allow him for the borrow pit? Ae Wo,Sir, I aia not allow him the borrow pit, I figured the em- bankment and not the berrow pit. I did not ficure the berrow pite Q. What size was the berrov pit? 4. I could not tell, I aid not figure it. Q@. Well you have a better idea that I have, you saw it? A. No,Sir, I aid not firure on that at all. My mind was on the cakculation of the embankment. Q. You saw the barrow pit? A. Yes, Sire Q. Might there not be 1000 yards in it? A. I do not recall the originealway it looked. Q@. So that is two instances ho that differeme might arise, Can you think of any other ?eQ. On the Lewie Perry Road-- You say you aid not examine the pe@errov pit? A. MNo,Sire 2. Did he haul it? A. He Aid haul the dirt a very short distance. Q. Whet is the dietance ?% the over haul? A. 800 feet, Q. It was not beyond Shat? A. No,Sir, he just dumped it outside of the road bed. Q. So those are only two instance in rhich it is possible for Mr e Derby to get more yar safe On that road that you got? A. Yes,5ir. Q. How ao you account for the 4ifference in the yardage on the Lewis Ferry Rosa? A. I do not underetamt thet, unless it ie just an ap- proximation? Q@. Is yours an approximation?A. No,Sir, I have cot my originel eroes seotions showing ever point I figured on. @. Hae not Wr. Derby ~ -66= A. He has never scen my profiles, or the cross sections that were there? A . I ask you if he don't get the station, just as you do,here? A. But I do not see his work, there is my work. I have shown my cross section. Qe I ask you if you don't call for the same things like this? A. That is a summary of my work, my work is all in the other papers there. This is just a swnmary of it. QQ. You did point out the portion of the Levis a about the bump ,did you mot? aA. Not, any special bump that I know of. The road lacked quite s bit of clearing-- place after place it was not wide enough - in a g reat many instances. Q. Did you tell him abott his failure in leaving a bump there? A. I a0 not recell any special bump after I rent over and made new levels for him. Q. Do you recall the fact that you told him that was all that it lacked?A. No,Sir, I did not tell him that. Q@. You don't know whether Mr, Campbell did or not?A. No,Sir. Q. Did you go over that road, or sent Lie Campbell? A. Yes,sir, I went over it myself, and also Mr, Campbell went. Q. Did you cive him a memoranda of what ought to be dome?.. Yes,Sir. Q. Did he go back and do that? a. I connbdt tell you whether he did or not, 2. You do not kmew anything about that bump taking $15.00 or $25.00 to level it? A. No,Sir. 2. Ana about Mr. Plott's agreeing to acept $150.00 reduction for that? A. No,Sir. Q@. Wae that on the condition that you settle with him on that particular road? A. Never has been settled-- settlement was submitted to him. Q. You know Sheriff Sprinkle of Stokes County? A. ¥es,Sir. -67< Q. Task you if you 4id not give Mr. Plott a commendation? A. Yes,Sir, Mr. Plott was out of a position here, andi asked me to go ani help him. I told him he was doing work over herée Q@. You told him he was doing vork over in Iredell as best he édould? A. I gave him a recommendation over there. Q. You told him in this let‘er that he was a very agreeable con- tractor? A. I do not recall this .« Q. Did you not in this letter use these vworkds, that you were well pleased vith him, and you recommended him? A. Yos,Sir, I gave him an open letter of recommendation as @ contractor. Q. Now, in your dealings during the construction of the roads aia he ever hesitate to do anything you told him ? I do not mow any. Q. But when defects were point out, he went back and did it? A. Except leveling it up. The amount tha’ is deducted shows in the finel estimate. Q. He was not to round up the -rade? A. No,Sir, he was to grade it level. Q. You expected the road to be rounded t&p when you put the top soil ON. Q. It wae not to be Aewel: % A. Bo,Sir, but the contract called for the road to be graded level. Q. 3o you do not kmow how much work was done by itr, Leinster? A. Nothing but what he told me. Q. What was he to do-- He was the top soil man was he not? A. Yes, Sir. Q@. Did not make any change 414 you? A. We did quite a bait of work in levelling ‘pe Q. Levelling up? A. Yes,5ir. Q. Anything else? A. Changing pipe lines. @. Who grade thie Tayloreville Road? A, Mrs Murdo cke Q@. I ask you if he 414 not top soil that road? A. Yee,Sir, it was top soiled by Mr. Murdock, i ~68- > Q.- Well, Sir, I ask you if you did not have to go back,over part of that road, and take the top soil off, and lower it on ac- count of the improper gradie?i.Yes,sir. Q. Well, did you take the »lame of that on yomself? A. I am always willing to take the baame that is due me, I established the grade , and my records will show the grade I establibished there. It was brourcht about by ushig a greater grade than we had established as a maximum to be used throughout the County. Q. Did you take the top soil off,ggcde it, and put the top soil right on the exact spot it was ,in order to r duce the grade? A. Yes,3ir, but it wae not on account of lack of workmanship . Q. Mr. Murdock was not a contract? A. No,Sir. Q. The Coumty was doing that work ani paying him by the day? A. Yes,Sir. Q. You have any other kind of work to do over in the County, where you had to do your rork overfA. I do not recall any. Q. Well some culverts washed out? Out there did they not? A. We put in a temporary arranremont in there. Q. What size pipe wae it thet washed out? A. Bon't know. Q. It was washed out by the same flood that washed the other pipes out?A. Yes, Sir. Q. The Comty put that in?A. Yes,Sir. Qe Amy other pipes washed out during the same flood? A. Yes,Sir, there was a bridge washed out on the Wilkesboro Road, Q. At the Grerory Branch?A. Yes,3ir . Cleszr out, and left an opening of 16 X 20 feet. Q. Same flood?A. Yes,Sir, but the bridcee was constructed before, Q. Do you remember the bridge on-.the Chipley Pord that went down in that same flood?A. Yes,Sir, bat that wae doe to impropa@ founda- tion. Q. It went down?A. Yes, Sir. -69~ Q. That was put back at the County"s expense? A. Yes,Sir. Q, And was put there at the Countfs expense?A. Yes, 5ire g Mr. Plott had nothing to do with that ,~did he?i. He did not. Q. Now, Mr. Leinster was working out there on the Cool Springs he was employed by the County, was he not?i. Yes, Sire Q@. To top soil it at the same timefi. Yes,Sire Q. It is the duty of the County fo put in these culverts? A. No,understanding about it. Q. It is the duty of the county to furnish a competent engineer ? A. Yes,Sir. Qe To locate them, did you do it? A. In some cases I did, some instances I aid not. Q. Did you leave it to the discretion of the man doing the work? A. ‘here I had competent foreman I did=- I told them to use care in placing them, so that it would protect their work. Q, Was it your duty as engineer of the county to locate those culverts and the sizes of the \ipe? A. I do not know that it was. There was no contract whatever about that. Q. There was not a contract for it?A. No, Sire Q. Wae all the contract to be done not specified? A. This came under a separate hend. Q. Nothing in the contract about culverts is there?A. No,Sire Q@. Nothing in the contract about the location of culverts? A. No, Sir, ®. But it is in the contract that the work is to be done under your supervision?A. Yes,Sire Q@. Was it not your duty then to locate those culver te? A. I have not done it in the county, where I have had experienced foremen. I told then-- Mr. Plott- to put them in to protect his work»- to take oare of his work. Q@. The County furnished the terra cottaTA. Yos,Sir . Q. The County furnished the material and they did the work?A.Yes, Sir. : 102 @. The contract did not include their putting in the pipes er ctlverts, did it?s. No,S5ir. Q. If he aid that work under your inetructions he was to be paid for it extra?A. Yes,5ir. 9. Well did the County use these roads? Or the public? A. Why the public generally used them. Q. They top soiled the Chipley Ford Roed?A. Yes,Sir. They top soiled the Cool Springs Rosad?A. Yes, 5ire Q. And using them now?i. Yes,Sir. 9. I ask you if it is not ome of the finest roads in the County, the CYipley Ford Road? A. Very good road. ). And the Cool Springs Road? A. Very good. Q. Lewis Perry is a good road ? The public uses at? A. Yes,Sir. 2. The pudlic uses the Chipley Ford Road?a. Yee,5ir. 9. And the public uses the Bast Monbo Rosad?PA.Yes,Sir. Q. With the knowledge and consent of the Commissioners? Ae I do not know anything about that. &. But they do not get more than a mile shead, before they come on it. You cannot keep them off of it. @. They are open to the public generally? A. There is ® plaee on the Chipley Pord Road that is in very bad condition. Ic that the road the coumty is putting the bridge on, and on the Bast Monbo connecting so that the travel can go over it and the Lewle Perry also. A.Yes,5ir. Q. I ask you if the County has not put in « new bridge at the Reilroad?A. Bo,Sir, the Railroad Company put the bridge across there. 9. There is a bridge there?A. Yes, Sir. “se @. I ask you if they 41d not put bridge on the stream beyond there?A. Yeo, Sir. Qe And the public uses the t?s.Yes, Sir. Q. Also beyond the mill?fA,. Yes,Sir. wie Q. And the public uses that?A. Ves, 5ir. ®. That the Turner Mill? A. No,5ire * Q. What is the size of the bridge put on the Lewis Fer#y Road, what sort of bridge? . A. Wooden bridge-- that is wooden floor, steel beams and concrete sub-structureé.e w Q. Did you report the bridgre at Stewart's? A. Yes,Sir. ue J What is the width of that?A. 72 feet. claim was filled in too much, t > — ® oO Ls © | > > & o = Xe is it not?A. Yes, 5ire Q. The County put that bridge in there at that point? Ae Yes,S5ir. Q. Did they ever have to move that dirt there? Ae Yes,Sir. 9. Was the county put to the expense of removing that dirt? A< We sometimes think we will have to. 2. You say you have not removed that dirt at all? 4. We are waiting to let a flood remove it. ca 4 Q@. You are using the space for the bridge that he left instead of removing the dirt?a. Yes ,Sir. Q. In putting in these pipes you never indicated the location? A. Wo,Sir. 2. You never said waord one one or the other? A. No,Sir, except where one filled up, t told him not to put it so close to the surface , in going over them they were were borken. Q. That was after you got to travelling over it?A. No,Sir. in some instances where hie wheelers went over them and broke them. Re-Direct. By Mr. Caldwell. Here defendant offers the Monthly Zetimtes on the various | Roads in controversy, same being marked Exhibit No. Te Adjourned until 9-15 o'clock Wednesday | oP 2a Mr. Roach’s Bxramire tion continued? By Mr. Caldwell. Q. Mr. Roach ,on yesterday you spoke of Mr.Plott's filling in some point on the road, where you had told him het to fill in, but to leave cettain space for a bridge?aA. Yes,Sir. Q. You testified, that he went ahead and hauled his dirt and filled in there, and made that open place where you intended to put the bridge narrower than it should have bem, and that you had deducted, as I understood somthing for that work? A. Yes,Sir. Q. Now, just state to the Referee, “hy you did that? A. In this case the mebankment was in excess of the cut, and of course this extra dirt went in there ought to have been paid for as embankment. 2. It was not taken into consideration and paid for in consequence of having been put in there contrary to your orders?A. Yes, Sir. Qe You did nat count it?A. N’,Sir. Q. Now, on your force account, ! believe it was 7# teams 64 days? State ic that is what you have reference to? A. No,3ir. Q. In oPfter words you rotained for the Cool Sprincs Road first how much?.. $456.15. R. You finally deducted and kept off $300.00 out of the $456.15, what was that for? A. It states there amount for levelling the road, we also took into conside@mtion if we hadi to dig up any pipe, and place them back in the same opening; where they were put too near the top and would not carry the water. Q- Did you have to do levelling on the Cool Springs Road? A. Yes,Sir. quite a lot of levelling so Mr. Leinster informed me. Qe Did you see the road when it was not levelled?A.Yes, Sir. R- Was it required to be level for them?A. Yos, Sir. 4¢ You did not actually see it donefA, No,Sir. Qe But Mr. Leinster was doing it? A. I wae out there at times when Mr. Leinster was doing the work, A. Some had the grade hich on the sides than in the middlee.e in various cut had had to do from one to two plowings next to the ditch side on each side of the excavation. It was higher at each side than it was &t the center, and it was necessary to ao one or two plowings in-order to have the sides level with the center. Q. Im other words you filled your center up and kevelled up the road?A.Yes, Sire Qe The way it was it threw the water to the middle?A. Yes,Sire Q. You had to cut the ditches?A. Yes, Sir. Q. That is embraced inthe $300.00 on the Cool Springs ?A.Yes, Sir. A. For grad&mg it up-- levelling=-- moving of pipes, dirging ditches, we had to do some of that work, for the water and sand came in there, and ran in the creek in a great many instances. Q. On the Chipley "ord Road,I sce ,ou have sllowed him him nothing? You did not make any deductions there I believe? A. We retained it all off the $439.74. Q. What was the condition of that road ? What did yoa keep the $439.74 ? <A. For the same reason that I retained it on the Cool Springs Road. Qe. Was it necessary to put that road down to proper grade?A.Jfes,Sir. Q@. Now on the Lewis Perry Rood, I sce you first retained $354.12, but reduced that to $150.00 ? A. Yes, Sir. Q. Where in did you spend that $150.08. For what purpose? A. In re «clearing, grubbing, and in levelling it up with a gasolim traction road m chine. Q. Have you a bill there showing by ~hom, some of that work was dom, or all of it?A. Yos,Sir. Q@. Im place of the $150.00 that you finally kept off of him, what was the cost, in your figuros therg, that the county actuclly had to pay to have that done?A. $176.00, Q. Who 41d that workTA. Mr. D.M. Hartsell. Q. And you only retained $150.00, and tt cost you $176.00 outside money to do it?fA, Yes,Sir. * Yia7 Q. Now on the East Monbo Road, I believe you have not retained any thing there?A. No,5ir. Qe. Mre Roach ,Governor Turner, asked you yesterday afternoon if you did not give to Mr. Plott written notes or instructions to go back over the roads -~ over these various roads, and put them down to gradefA, Yes,5ire Q. You told him YesfaA, Yes,Sir. Q. Then he asked you if Mr. Plott did this, if that would be @ compliance with his contract?Ama I believe you said Yes to that if he 41d ite A. As to grade if I did say Yes. &. Thet was a guestion of grade, was not a question of levelling, 9 . The question that I am going to @ek is this, even if he aid this, that would be no acceptance of the road? A. No,Sir, there was no acceptance of the road. He got the road down to grade, but he did not do the other work. Q. Something was asked you yesterday afternoon by Governor Turner, I 4o not know wheth r it was to attack you as an engineer or not, about the Tayloreville Road, why wis that change made up there? A. It was due to the fact tt some of the parties were @is- appointed as to the location of the road, ani because the grade was @@@ 2 3% per cent grade; they wanted it changed at that time the maximum grade was 4% per cent. Q. I believe you had right smart of frictioa up there ?A.Yes, Sire Q. Now, Mr. Roach, I believe you placed in the hands of the Court yeeJepday afternoon your final calculations of the yardage of aze2t that is embraced in thie contreversy?A. Yee, Sir. Q@. I believe the total yardage ond the finel calculations were on the sheet that were submitted on the 29th day of November?fA. Yes,52 » Q. Where is that Sheet? Ie this the paper you referreé to the 29th day of Noverber showing? A. Yes,Sir, that is the final estimate that I submitted to Mr. Peimetoeor. Q. Thad shows these deductions?i. Yes,Sir. @. And what you originally retained? A. Yos, Sir. atSe Q. And what you finally retained shows the amount you say that the County was due him? A. Yes,Sir. The defendant here files paper referred to marked Exhibit #6. And which also shows defendant's contention as to the true condition of the account. Q. Where did you get these figures? A. bir. Hartselle Defen‘eant here offers a statement showing the amount paid by the defendant to D.li. Hartsell on the Lewis Ferry on account of amount paid him by reason of plaintiff's allered failure to comply with the terms of his contract, marked Exhibit #9. Plaintiff objects to the introduction of the foregoing papere Objection sustained, except in so far as the same chows the amount actually paid by the defendant. Q. Was it necessary to pay that $176.00 ,t® put the road in condition that Mr .Plott Q@hkhhR had agreed to put it in?A. Yes, Sir. Q. Had Mr. Plott failed to comply with Bis contract in that particular? A. Yee, Sir. Q. Have you your profiles and the other papers connected with this controversy?A. Yes,5ir. Defen' ant here offers the profiles and all the papers, connect~ ed with the cons'rustion of these roads in evidence, Same being marked Bxhibit No. 10. Plaintiff? objects to the introductibm of said papers generally, and is permitted later to specify particularly any paper offered that they deem objectionable, and the reasons why the same is in- compet ent « Re-Cros s-Examination. By Mr. Turner. Q. You say the work that you had put on this Lewis Ferry Road, and for which you made a deduction of $150.00 , was necessary?A. Yes,Sir. Q. Will you point out to the Court wherein it was necessary? ~76= A. Because of the fact that there were stumps and roots in the road bed; and tie ground was higher on each side of the road, thatn it was in the middle, before we could get the road bed level, it was cheaper to level the road bed than it ts to go out and fill it in with top soil. Q. You expect the pe-son that is grading the road to level it up do you, to leave it level?A. Yes, Sir. Q. No, rounding up of the road, that is for the top soil man? A. Yes,Sir. | Q. Plott had nothing to do with rounding up the road, and opening up the ditches on the sides, did he? A, No,Siro Q. That was to be done by the County? A. Merely as a precaution and ea protection to his work. People penerally plow a furrow throurhout the fi.1 to keep the water from spreading, for the protection of the work, so that his yardage would not be reduced. Q. Did you call his attention to that before he left?a. Yes, Sire Q. Did it in person? A. I do not know that I called his attention to it in person, I called his foremans. Q@. Which one of the foreman?A. I do not recall whether it was Mr, Lippard or Mr. Smith or Mr. ---Shenrill-- --- ; all three were working on that road. @. Was that embraced in your notes?A. No,sire A. My notes were along entirely different lines; that was to re- duce to original grade, to a stake gradef Q@. To a stake grade?A. Yes,S5ir. a. He 414 reduce it to stake grade before he left it? A. That was my idea in -- that was the reason that I gave these notes to do it. Q@. You said yoeterday that he always did the work that he was in- structed to dofi. I think he did, Q. He did then reduce it to stake grade?A, Yes, Sir, oT 7 Q. Bhat is what you gave him to do when you went over it? A. Yes, Sir. Q. Now, when he reduced it to stake grade, was there anything else any other complaint? B: I told him it was in very bed shape, it needed levelling up. Q. Was that true as to the other roadsfa. Yes, Sir. Q@. Then yo. spoke about digsing up some pipes, or moving some pipes that was not of sufficient size, you took them out and put larger pipes in?A. lo,sir. Q. Most of that work was chargeable to laying pipe?.A. No,Sir. We dug it up and re-laid it, straightening it out in most in- stances-~-- it was crodffed. Q. You charced that up to him?fA. Yes,Sir. Q. What else did you do? i. We levelled up. Qe What do you mean by levelling up: You said a moment ago that you brought it to stake grade? A. I meant I ran lines, center levels after the work was completed. In running those lines for center levels found that each side was higher than the middle, he brought thegrade down in the center, but did not on the sides, Q. Did you expect him to do that, or expect the top soil man to do it when he put the top soil on it out to the edge?fA. No,Sir. Ghey do not put it on that way. In order to out top soil on it is necessary for the center to be hirher than the sides, not lower. Q@. Road much beOter the deeper the top soil isa it not? A. It depenis on the character of the top soil. It goegts a @ good deal more to put it on deep. Q. Can you point out on the Cool Sprinre Road, wherein this condition ,as you describe , where the sides were higher than the Center? A . Yes,Sir. Q. How much was that? A. In practi@lly every cut out there. . ; ) Q. Was in that condition?A. Yes, Sir. Q. Now, aia you tell him when you presented this final account, that you were making these deductions on those accounts? A. The paper there states for itself the amount deducted for level~ linge Q. You admitted a moment ago that you never called his attention to it until he moved his forces? A. I do not recall saying that, I told him that his road was in bad shape. Q. Wou said yeyxsterday and you also stated this morning that he aid brine to level of the stake grade? | A. That was where it was entirely above grade. Q. You also said that I cannot remember where he failed to go beck and do what was on thememoranda? A. Yes, Sire Q@. You also said that he went back and 41d it without any hesitation? A. He said he went back. Q. Iam asking you if he did nt do that according to your memoranda, thet levelling, did you callin his attention to it before he moved his forces? A. About the sides being higher than the center before he left?Q@. Yeso A. Yes, 5ire Q. Now, then ,aid you not swear yesterday that you i124 not know whether he put it in shape or t? Ae Not this part of it . Q. On which part you have reierence to?A. It was the grade. I said Mr. Plott generally did what I told him. There is a difference between & general grade and an acce ted one. Q. Well he 4id lewel it higher than the general grade? A. In a general way the grade was. Q@. In a few ins‘ances the sides were higher than the center? A. In a good many. @. Do you make that true as to all of these roads-- these three roads in question? A. Yes, Sir. @. Only three involved in this controversy?A. Yes,Sir. ~796 Q. Same condition?A. Yes, Sir. @- Is this the only amowmt you took oute- these the only deductions you made here on this account, you speak offA. I think so. Q. $300.00; $439.74 and $150.00? A. Yes,Sir. $300.00 on the Cool Springs Road; $439.74 on the Chipley Ford Road and $150.00 on the Lewis Perry Road, on those three roads is the only deduction that I recall, Q. That is the penalty that you put om Mr. Plott for not completim it according to yomr idea? A. Nos, Sir, because Idid not think the road was graded according to contract; it was necessary for us to spend this —— we did on the several roads; and on Several of the roadds to spend more than was deducted. Qe Then you do not Imow how much was spent .You must have an order charging that amount ,in order to make a different statement? A. The pay roll was issued every two weeks-- formman kept an exact force account of the work that was done. Q- Now, yesterday ,did you swear that you did not allow for the slopes, because he had not done this very thing? On some of the roads, that is why you did not allow for the slopes? A. No,Sir, it was not built according to the specified width; begause it was not wide enough. Q. That was the view you took of it?A. Yes,Sir,. Q. But you took the slopes and then charged for this defect? A. He had not widened them. Q. What is the width? A. Varies from 25 to 30 feet. Q. Gan you specify how many placos? A. I went out there on the different roads, and in every cut that I came to I found that it was less than 30 feet. I measured them in a half dosen plages, just to see how it ran. Prom three differant points along the road, did not pick any point in the road, just took it as I came along, and just as I came to aman’ s house. Q. What percent of yardage show on the Bast Monbo Road, if the slopes had been counted?A, I judge the yardage would be, may be 200 or 800 yards, -80— Q. What would be the yardage on the Cool Springs Road? Ae I gave him the slopes on the @o00l Springs Road. Q. What would be the yardage on the Chipley Ford Road, if you had included the slopes? A. I gave him credit for the slopes on the Chipley Ford Road, @. How much would it amount to ,if you had not? A. Possibly 800 or 1,000 yards. Q. How much on the Lewis Perry Road? If you had not given him any slopes? ” | A. About the same as the Chipley Ford, but part of these were givene This is an approximetion. @. Of course, you could not state exactly, only giving us an idea. Q. You think the Lewis Ferry Road would be less than 800, or 1000 yards A. Yes,Sir, If I did not allow him any. Q. Now, will you tell me, from you kmowledse of these roads, and from your experience on the work, and the surveying of the roads, what percentage would be on these roads for the entire slopes , What per cent of yardsge would be the differant amounts, or to the total yardage on them ? A. I said on part of the the roads I gave the slopes. Q. Now, I ask you if the slopes on the Lewis Perry Road, 41d not amount to 10 per cent?A. No,Sir, Q@. Would it amount to it on the Chipley Ford Road,A. No,Sir. Q. Taking it all together ,what pereent would the slopes wmount to? Ae I could not tell you, until I make a oalculation. Q. I 444 not ask you to tell me exactly, you know more about it than I do. I am giving you the figures approximtely to go by-- you say if you had not given him any slopes , that is all the slopes would amount to 800 yards or more; that you did not allow for the entire slopes on the Lewis Ferry Roard and on the Chipley Ford Road? A. I gave him, I do not recall whether I gave him slopes on the Cool Springs road, but not on the Lewis Berry Road. Q@. Now, I want you to tell me approximately, what percent supposing 81 you did give him all the slopes, saying nothin; about part of them, or had nt given him any at all, saying nothing about what you gave him, tell us fpem your knowledge of the Lewis Ferry Road, what per cent of the yardage would the slopes be equal to? A. The slopes would be equal to 1/10 or 1/8 of it. Q. Of what? A. The yardage. Possibly 3 or @ per cent. Q. You think 4 per cent?A. Yes,Sir. Q. Great many hills and cuts in there? A. There are some hills and cuts, more level stretches. Q. Get more hills and cut on the Chipley Ford hilly over there in the mountains? A. When you come to a stream thee are cuts,g@od deal of it is hill side work. Q. I ask you if the Lewis Ferry Road was not surveyed and cross- sectioned by your assistant,Mra Campbell? A. No,Sir, I did most of the location work myself, practicslly all of it. Q. Im person?fA. Yes,Sir. Q. Went out on the rround and iid it?A. Yes,Sir. Q. And all that corss-seciion work? A. I aid all the office work and the location of the field work. Q. I ask you did Mr. Campdell do the field work? A. He did part of it. Q. Pield work out there?A. Yer,Sir. Q. You calculated the notes as to the yardage from the notes tint he ma4e and from the notes that you mde? A. On my notes, and also those made by Mr, Campbell. @. You say Campbell never had any experience? A. This was his first experiemme; he had been at work for two years before this time. Q. Sage position he held when he was doing this work. A. No,Sir . Q@. I ask you if you did not tell Mr. Smith, foreman on this Chipley Pord road, and also on the Lewis Perry Road, when he asked you this question, if everything wes goin on all right as you desired, to -82~- which yon said Yes, and if he did not ask you if there as anything else you wanted done, and if you did not tell him that he had @®ne all that was necessary? A. I did not. Mr. Smith asked me about one particular place, How the work looked. I told him that it looked all right. Q. You do not rememier when that was? A. Yes,Sir, before they left there. Qe I ask you if theyedid not ask you if there was anything more they could do in order to complete that very work, and you told him nothing? A. No,Sir. Qe Did Mr. Lippard ask you that question about this very road, if there was anything to Be done?A. No Sir. Q. Did they not as a general thing come to you and ask you was there anything to be done, come to bu or Mr. Campbell for orders? A. I do not know anythihe about Mr . Campbell, bat I tried to impress on them that I was the authority out there. Q. You say they never came to you hefore leaving and ask &f there was anything to be done out there?A. Yes,Sir. Q. You wish to take back what you swore to yesterday afternoon? A. It was to the grade that I had reference to yesterday afternoon, I tried to make that plain. Q. Did you make those memoranda of the amoumt that it covered? A. It was understood betwoen Mr. Plott and I Lom@m before he Came to these road, as we came to each of them, that our men would do thie extra work, and charge to him the amount that we incurred in doing it, as the statement on the Buffalo Shoals Road and the Elmvood Road will show. Q. You sag you had an agreement? A. It was an agreement--— It was @ verbal understanding. My estimates will show that he accepted the estimate on these other two roads for the same kind of work. Q. For the same kind of work?A. Yes,3ir. ~83~ ® He did take the road machine and go over the East Monbo Road before it was accepted? A. Wr. Wyrick testified to that. Qe I ask you if you did not tell Mr. Smith, that you did not expect to take one cent off the Chipley Pord Ro@ad?A. I did not. Q. Mr. Plott instructed Mr. Chipley to that effect, but I did not tell him. Q. Mr. Plott instmucted Chipley? A. Yes,Sir, when he was going over it, said he need not keep any force account, said I was going to make a final settlement with him, that I had made a final settlement immediately after that I saw My. Chipley, he told me, Amd I told him to keep an account,that was not the case. : Qe You were in full charge of e1l the work. A. I wasacting as County Engineer and Superintendent. Q. And it is your duty to point out all these defects in the work of the contractor?fA. Yes,Sir. Q. You endeavored to do did you?A. Yes,Sir,. Q. And when you were not present to do it, you expected Mr. Campbell to do it? A. No,Sir, I did not expect Mr. Campbell to do it, possibly he did do it. I took up the estimates in person nearly every time. Qe You know the contractor?i. Yes,Sir. Q. He had the ability to do it? A. Yes,Sir. Qe I believe you said on the Lewie Perry Road, you did not allow him the dirt in a berrow pit?A. No,Sir. Where he wasted dirt-- where it is not in the over haul limit. a. For thie reason you got 800 feet free hauling? A. After that he got $1.00 for each 100 oubic yards. &. He could haul it to 800 feet and only get one cent per cubic yard, but by dumping the dirt right out side of the road bed from where the work was done it was a good deal cheaper for hinmf Q@. That to haul to the borrow pit?A. Yes,Sir. Q. These berrow pite are designated are they not? Ae. I told him to get it as handy as he could in every instance, ~84— Q- So it is just as cheap for the County? Ae No,Sir, it eo st us twice as much, We would have to pay him 43 cents, if the contract price was 21% cents, By the Court: Q. I want to get at this, where there is an Over haul, and where in consequence of that fact he could have hailed it and got paid for it, yet loads at the borrow pit, do you allow him anything for the over-haul?A. No, Sir. Q. Nor Zor the borrow pit?i. No,Sir, not unless the embankment was in excess of the excavation. Q- You found that condition in one place you testified on the Lewis Ferry Road?A. I found it in one case, Q. Wehere, well at the fill at the creek. ae If he had not made that over haal, he would have had to crovs the creek would he not? A. Possibly he would ,but there is a ford there. In loadi ng he could have gone across the same bridge the e they haveused up to a month ago. Qe Wagons cross? A.Yes,Sir, wagons and men cross with automobiles. Re-Direct;: By Mr. Caldwell. Q- He built the Elmwood Road you say? A. Yes,Sir. Mr. Pjott. Q. And the Buffalo Shoals Road?A, Mr. Plott ,Yes,Sir. Q. Now were the deductions kept off from those two roads, as you testified Shere? A. Yes,Sir, we had an wnderstapding that our men were to do the work on these roads, and it was to be charged to Mr. Plott in the estimate. Objection by the Plafntiff- Over-Ruled-- Same being offered ae evidence tendine to show any prior un- derstanding that the worR on the roads in controversy was under the same system, By the Court: Now for the purpose of understanding this matter: Q. Where you refused to allow him the borrow pit, because he e ~85~ couhd not haul it, would he not have been entitled to at least the credit for the amount of the ever haul? A. I do not think so, unless he actually made the over haul, and not dumped out richt at the side of the road, “@s Suppese he did maRe the over haul, according to your firures, he ought to mae the over haul , and since fon did not allow the berrow pit, wouwld he not be entitled to the difference between the berrow pit and the over haul?A. I do not think so, Re-Direct. Q. This was at one of those creeks ? A. Yes,Sir. Q. What was the character of the stuff, where iid he get it? A. Right at the creek, it was sand and decayed matter, covered it over with clay. Q. Where did he get that sand? A. Right along the edge of the road. Q. Covered it up with clay afterwards?A. Yes,Sir. Robert McRorie ,being duly swor, says: Direct. By Mre Caldwell. Qe Mr. McRorie where do you live?. A. In Statesville. Q. Did you work on any of these roads A. Yes,Sir. Q. Do you know Mr. Derby VA. Yes,Sir. Qe Did you work with him, when he came here? A. Yes,Sir. Qe Have any conversation with him about his Lewis Ferry measurementa? Q. Wham you with him carrying his rods?A. Yes,Sir,. Qe. What did he say to you about it? Ae I asked him one morning after we finished, how it came out, he said he had too much dirt, he vould have to go back over his notes and see what was the matter. Q. Where was that ? Ae We were at Mr.Plott's house. QR. We were going out om the Chipley Pord Road next. Q- Had you completed the Lewis Perry Measurements then?a.Yes, Sir, @, He told you he had too much dirt?A. Yes, Sir. Q. In what manner were the measurements made in these cuts Mr. MeRori e? A. In most of the places it was tuo narrow, some of the places it | -86- Wks any where from 26 to 30 feet. Q. Now, when you s*ruck @ cut ,did he order you to make certain stations, at certain points?i. Yes,Sire Q. How did he instruct you to stand as to height or depth? A. Several places where the station fell right at the foot of the cut, he would instruct me to put the rod up on the cute Q. Why in puttine the rod up on the cut, would he obtain more yardage than he would at the station lower down? A. Yes,Sir, I thought it would. Plaintiff objects to the foregoing evidence on the @rounds that the witness is not an expert. Q. Did you notice when in the cut about the sides, which was the highest? A. The sides were highest most ever place through the cuts. Cros 6 Rxamination. By Mr. Turnere Q. What road is that?A. It was on the Lewie Ferry and the Chipley Ford. Q. They never have lowered tnose sides? A. I think they have on the art which is sand clayede Q. The Lewis Ferry hac not been sand clayed? A. I have not been out on it lately Mr. Turner. Q. When you were there, then the sides have hever been lowered, never done any work on them since Mr. Plott left , at the time you Not that I know of, on the Lewis Perrye were thero? A. Q. None done at the time you were there, just in the condition that Plott left it-- Tt was the last time you went along vith Mr. Derby in order to oarry the rod fA. Yes ,Sir. Q. I believe Mr. Derby discharged you? A. No,Sir, I quit. @. Did he tell you might quit?A. No, Sire Q@. Out. here on the Chipley Pord Rosd? A. Yes,Sir , I quit him one morning right out there. Q. Did Mr, Derby complain of you,that you did not work properly? A. He told the other fellow-- he said he told the other fellow ~87—- IT Rad not being doing it right. Q. You left in preference to his diecharging you ? A. No,Sir, I did not. By the Court: State that agein about that measurement: &. You mean where he said put the rod up higher? Well, when the station would fall -ight at the cut, right at the bottome where the bank starts up, when it was level down there he would get me to set the rod higher up on the benk than it Ought to be put. 2 « On top? A, Yes,Sir, up on top. a Re What effect »ould it have? A. I thought it would give more dirt higher up than the sta*ion being lower down. It would rive Mr. Plott I thought more dirt. Where the stati iid go it was perfectly level, we out it up higher.Q.It would cive j.ore dirt ++4 itti to put it lower, would it not, putting it higher wold give less wounldA’t it?aA. I do not | sir. Qe Did you tell Mr. Plott that Mr. Derby was more careful and pains- “Se taking than Mr. Rosch? A. No,Sir, I did not. Mr. Plott asked me, end I told him I could not say it. te YOu are employed by the County?A. Yes Sir. QR. Iné its @mployment nov sre you not?A.Ye ~oifs Qe You were born and raised in S@atesville? i. Yes,Sir,. Q. Where did Mr.Derby tell you to take your station between points? Ae In the center of tie roads. 2e Suppose the station fell at hill or the beginning of a cut, where did he tell you to go? A. He would tell me to go ahead richt at the cut sometime, he would move me sometimes, and somethimes he would let me stay where it fell. Q. Sometimes he would move you away from the stathon to take his measurements from another pointfA. Yes,Sir,. P.L-Scott, being duly sworn, says: Direct. By Mre Caldwell. Q@. I belicve they built a ro d through your farm?A,. Yes,Sir. Q. Which road was it? -88- Q@. Do you remember the pipe that was put in out on your place, where there w2s a wash out afterwards? A. Yes Sir, there was 4 wash out down at the gully theres Q. Is that where that culvert was afterwards put, where they said it was washed out 30 feet each way?A. Yes,5ire Q. How was that pipe put in? A. It was ut in I should say three feet from top of the dirt there as well as I remember, mieht be a little more . Q. It was not put down to the bottom of the land, it was put up some a wv three feet running acrocs the road?A. Yes,Sire Q. How high was the bottom end of the pipe? A. Not much difference in ite Q. Wace there any pipe or anything at the mouth of it, where the water went in under that pipe, to let the water through? A. I think not, nothing but dirt. Q. What wee the result of that pipe being put in that way? a. It washed out-- came a big rain and it washed out. Q@. Filled up the mouth >f the pipe against the embankment ? A. No water could get throu h, it washed out. Q. Right smart of water penkedi dovn there. Q. This pipe that was three fect under the ground, any -ne tell you why he put it up that high up A. Mr. Smith. Q. Why did he tell you he t it up that hi “ht A. It will fill wy nd run over the ipe any how. Q. Was that it. mith?A. Yes,Sire Q. Was there another wash out on yomr place? A. Ho,Sir, no other wash out on my places. One down at the trmoh mext the river. Q. How wae that pipe put Aown? A. I think at the bottom of the branch. Q. How much had that fill washed away Mr. Scott-- all af it over there? A. Just washed out round the pipe and left the drive way across there. Poxe§ Sa -B9—. Q. Did not wash the entire road out?A. No,Sir, did not wash it all out, @. About how wide was that wash out? A. I do not remember-~- it was not so wide. Q . How wide did you say back at the gulley where the pipe wase-~ from abutment to abutment? How wide was the wash out? A. I expect it was come 20 feet? Q@. And the road was 30 feet?A. Yes,Sir. The width of the wash out I would say was about 20 fret. Cross-Examination. By lire Turner. Q. You saw thet pipe when it rent in ?A. Yes,5ir. Q. You saw them put that pipe infA. Yes,Sir. Q. Do you recollect the size of the pipe Mr. Scott? A. I do not, I think about 168 inches-- I won't be sure. Q Do you not recollect saying at the time that pipe was being put in that it was insufficient to carry the water? A. It looked like it might carry it. Q@, Did you not so state @t the time that it would not carry the water? A. WNo,Sir. Q. What did you say Mr. Scott? A. I said I did think at the time it would carry the water through the fill. Q@. Which one?A. One @B the gully. Q. Your f111? A.Yes,Sir. Q. Thought that would carry the water? A. Yes,Sir. I did not think the one on the branch vould do it. Q. Did not think the one on the branch would?fA. No,Sir. Q. What is the size of that pipe on the branch? A. I think something like the same size, I do not know} micht have been larger. @. That one you say was not large enough? A. The one at the bramch,. Q@. That was down to the bottom-- A. Yes,5ir. Q@. The one at the gully took out the whole fill? A. About. Q@. Did not all of it go out? A. Did not carry the water. Q. Water ran over the embankment?A. Yes, Sir. Q@. Did you tell them at the time that was not sufficient size pipe ~90- to carry the water? A. No,Sir, I did not. Q. Was there a long depression there in front of the mouth of the pipe where this trouble was, or was it just a little short depression? A. Right smart place there abovee was a hill. Qe Was a hill above it?A. Yec,Sir . Hill coming in «starts right here somewhere I suppose, went from one bank to the other on each side. Q. Was there a bank above the mouth of the branch on each side? Yese Q. How near was each bank to the other on each side of the ravene? A. Some eight feet from bank to bank. Qe And then the depressiog all the way further up?fA. Yes,Sir. Q. This was an extraordinary rain was it not Mr. Scott? A. It was pretty heavy rain. Q. Carried away a gpeat deal of pipes and words of the County? A. I suppose it did. quite a heavy rain there with us I knor. Q. I ask you if it did not destroy some on the Taylorsville road-- Wash outs? A. I do not remember. Q. Do you know about the Olin road and the Jennings road, where the raine were so heavy? A. I heard about several wash out at that time. Q. At the time the pipe went in you did think it was sufficient to earry the rain? A. I did think the one at the gully would, but I did not think the one at the braneh would, Q. The one at the gully was the one a little hicher up,you Bay did not strike bottom, you say you thought that sufficient?A. Yee, Sir. Q. But the other one you did not think wae sufficient?A. No, Sin, Q. You do not know who furnished those pipe?A. No,Sir, Q@. You do not know who directed it to be put down that way?A. No,Sir. Qe Mr. Smith was doing the work on the road there? A. Yes, Sir. Q. That is Mr, Plott's assistant foreman?A.Yee,Sir . Q- Who was the engineer in charge? A. Mr. Roach I reckon is the encineer. Q. Q. ~91~ Oe you recollect seeing young Campbell out there?faA. Yes,Sir. Was he out there mostly? A. I saw him pass most every time. By the Court: Q. How far did say it was above the ground on the pipe side? A. I could not say positively, I would think it would three feet, It was not resting on the bottom on solid ground? A. No,Sir , was pat in the fill. It was put in above instead of down under the fillPA. Yes,Sir. Mr. Turner: That is a dry weather place, is it not? There is water running throuch my pasture, some water running through there all the time. Q. Did you say the bottom of the pipe or the top of the pipe was three feet from the bottom? A. Yes,Sir, up some little distance. Q. A. up nr “e a. Qe A. Was it the top of the pipe or the bottom of the pipe? I just canvot say whether it was the top or the bottom that was Sbout three feet. You could not say?A. No,Sir. I just noticed the pipe being in there. Pipe was about 16 or 24 inches, which do you say? Yes, Sir, I think it would be something like three feet from the center of the pipe-- some where, Qe Q. What was the side of the pipe? A. I think it was 18 inches. That is the pipe that you thought would be adeouate for that Occasion, at that tim?A. Yee, Sir. Q. A. Q- ly Q. Q. No,water running in there at all at that time? I think there was some when they put the pipe in. When they put the pipe in? \» Yes,Sir, I think there was general- water rumning throuch from my pasture all the time. HA. Lew§@ being duly eworn, says: Direct. By Mr.Caldwell. You are one of the Commissioner of Iredell County? A, Yes,Sir. You live out North Iredell?a. Yes,Sir. messianic tinea -9L— Q@. Did you see that pipe that was Ae Yes, Sir. out there across the road? Q. State to the Court how it was-=- how high above the bottom of the ravene it »as put in? A. I do not know the depth,af is claimed to be a ten foot ravene. The pipe was put just three times this from the top of the ground. three times this from the top of the road to the top of the pipe. Q. How far would ,ou say that would be PA. Something B@ar three feet. Q. You measured from the top of the road down?\. Yes,Sir. Q. What was the depth-- I understood you to say that it was foot ravene?A. Yes, Sir, measure it, there was the gully. By the Court: Sippose you have him indicate there was that from the to] road to the top of the pipe? Ae Q. Then do you recill the size of Q. That would be 4@ feet from the the pipe?A. Yes,Sir., and 54 feet ravene. Q. How wide did the embankment wash one of these fullys that runs out Q. How wide would you say now betr standing? A. Taking it from bank to bank 15 that is what it is claimed. water at the a ten I could not dovm in { pottom of itee water was You measured the pipe ? A. Three times this. ton of the To the top of the pipe. the pipefA. 18 inches. top of the road to the dottom of from the botton of the 10 foot oute=- A. Below the gully, it was on a level. en the points that were le ft or 20 feet across the 30 foot roads pipes all broken except five, is my recollection. Q. Do you know anything l& . Levis about the construction of that Chipley Pord Road, as to pipes being broken by the road contractor in running over them by his wheelers and etc? A. Several of them were that I examine’d; they were broken, I do not know yet who broke them, but they were broker -S@ht after the fill was mde. -93— Q. Did you go over then and look at the place that was washed out at that branch?A. Yes,Sir. Q. How wide was that wash out? A, There was two wash outs-- first wash out left the road 18 feet wide, I do not know how much of the fill was out, there was place you can travel over 18 feet wide, the second rain fell on Saturday night, and I went there early Sunday morning to see whether it was safe to cross on it, and I foufld the road 12 feet wide. I set stakes up and tacked on plank at each end. 2- You did that on each side to protect travel? A. Ye , Sir. Qe Do you kmor anything about the character of the work that lf. Plott did along there on that road A. Why it was hicher at each side and lower in the middle, nearly .li the way along where there was a bank or anythine tike that where he rent in a cut. Qe Road higher at each side, and lower in the mid@e? A. Yes, Sir. 2. Bhat was the length of the road? A. Pull length of the roed was 14 miles. 2. Do you know who chenged this condition of af airs, ,iir. Lewis? A. Mr. Chipley, the sand am and his force. Q. Just been sand clayed? i. It has not been sand clayed all the way. R- Do you know out of what compensation or fund that Mr. Chipley performed that work? Who paid for it in other words? A. The County paid for it. Q. You say it is not completed yet? A. It is completed just beyond this branch that we are talking about. Q. Had any grading been done beyond the branch? A. Yes,Sir. all the grading was done. Q. All the grading is done, but the top soiling is not, Q. Ie that condition where Mr. Chipley stopped his sand clay, is it stiil in that condtion that Mr. Plott left it? igher on the sides and lower in the middle? A. Yes,Sir, been nothing done to it. Q. That is on the Chipley Fora Roed?A. Yes, Sir, Ila Q. Now, Mr. Lewis, were you called upon at any time , or in your capacity as Commissioner, to go out on the Cool Springs Road or not? A. We went over the Cool Springs Road going to River Hill sometime last winter. Q@. Did you observe the condattion that Mr. Plott had left the road there? A. Part of he pipes were uncovered and the road was in bad condition. Q. What do you kn ¥ about the County afterwars , after Mr. Plott had left semding another man there with a force? Do you know whether that wae done or not?i.Yes,Sir, we sent ifr. Leinster. Q. For what purpose? A. To sand the roade Q. What condition did he find the foad in-=- Did he have to spend any money out there? A. [ do not know how that is. Q. You ever visit the lewis Ferry RoadfA.No, sir. Q. That was not in your territory?A. 0,5ire Q. State to the Court, whether you ynow as a matter of fact , &8 Commissioner of the County, that the County has expended large sums of money on these roads that Mr. Plott attempted to construct here? A. My observation altogether has been on the Chipley Ford Road. Mr. Chipley had & grea deal of work to do on it, shaping ™)p the road. He filled part of that dirt in the center from the sides~ arain in places he had to raise it. Q. How was the Chipley Yord Road left as to uniform width? A. I helped Mr. Chipley me sure it at one place. We found it 27 feet. other places looking at them with ~he naked eye, some places are wide enough and in some places it is not. Q. You only measured it one place?A, Yes, Sir, I only measured it one place. Q@. Do you recall the place about Redman's A. Yes,5ir. Q. Who removed the great amount of dirt, where there was an old mill stending? A. Mr. Chipley. We failed to get it out of Mr. Plott's ~95— way while he was working there, he left it there. Mr. Chipley and Mr. Redman and if. moved it, After the building was moved, Mr. Chipley moved the dirt. Mr. Chipley was doijg the sand soil work on this road at the time. Q@. I ask you if you Bad any conversation with Ir, Derby, the engineer? A. Yes,Sir , he spent the night with me when he was out on the Chipley Ford Roade Q. What was said about it? Ae. I asked him a few questions about measurements on the road, told him for instance the road was in the old road bed, cutting five feet on each side or wider, and he did not have figures of the width it was cut, could he get the correct figurcs of how much dirt was moved out there? A. He told me “He cov€d not and no other man could." Q. On this particular road, did he have any places like that? A. No,Sir, there are a number of them on that road. I asked him abou t those places on the road where the old road was running, and ran a piece with it. Q. Ran with the road?A. Yes,Sir, the old road prior to widening it. Q. He told you no mn coulda ascertain the yardage in there’ A. He said the first engineer could, but no other man could. Q. Any conversation with him about it, giving the Court light on it, one way or the other? A. I do not recall anything further than where Mre Redman md the building, I asked him whether he took into consideration where that building was standing in the road ,he said "He 4id not, he took the road as he found it." Then just this side of the river there ie a borrow pit there ; that is runsing between two banks, som@Bhing like thie. He had h&@ fill made higher than Mr. Beethe® vigires ~ Called for. Mr. Plott was going to dump the dirt-- first was going to dump on Mr. Morrow and he went and asked him, and Mr. Morrow would not let him, and then he wanted to dump on me, and I would not let hime- I told him to put it in that swag in the road, near the road thre. ~95— @. That was supposed to be waste dirt? A. Yes,Sir, a bunch of waste dirt lying right on the side of the road. I looked at it this moming as I came along. [It is no further from the borrow pit than to the wall over there. Waste dirt on one side and the borrow pit on the other. Cros s~ Examination. By Mr. Turner. Q. How far wis it you said about three feet from the top of the pipe to the road? How far was it to the bottom of the ravene? A. 5k fect. Q. You say that pipe was 54 feet from the bottom? A. Yes,Sir, that is if the gully was ten feet deep. | Q. Did you messure from the top down to the bottom? A. No,Sir, water was in there. Q. No, sticks, no rods or anything Aying around there that you could measure with?A. No,sir. Q. You were over that road a good deal during its construct ion? A. My roads comes in this way, and I was there every few days. Q. This was the road in which Mr. Roach mkes more yardage than Mr. Derby?A. I do not kmww. I did not see either one's figures. Q. Have you not been examining your case? A. No,Sir, I have not. I have trusted it to Mp. Caldwell. Q. And you don't know thet Mr. Roach made more yardage on the Chipley Ford Road than Mr. Derby YA. No,Sir. Q. Well you are one of the Commissioners?fA. Yes, Sir. Q. Mr. Roach you say in your ansver got 54,236.35 cubic yards on the Chipley Ford Road, while we only make it 53,802.96 cubic yards; By Mr. Caldwell: You added it out here far the County 52,507, and yours 53,802.96, we corrected what you say was your error. Q@. It shows ao larger amount?A. Yes,Sir. Q. Yet you say, Mr. Derby coming here ignorant of this place, said no engincer could tell how much was moved-- Derby got less than the other man? How is that? A. I ao not know, I am not an engineer, Don't know a thing about -measurements or anything about it. . I ask you Mr. Lewis, if you did hot ride over the road and talk cies MY > sith, foreman of Mr. Plott. A. I 414 not ride over the road with him, I rode 4 piece , oF I over- -98~ took him, or something, we rode together a piece. 9. Do you recollect saying ow you thought the work was being done? A. I told him it was satisfactory with me, if it was with the engineer. Q. It was satisfactory as far as you coud see when you went over it, was it not?A. Yes,Sir. Q. It was the duty Of the engineer to say ,was it not?A. Yes,Sir,I think 560. Q. It was the duty of the engineer to locate those pipes was it not? A. I do not know that it was. Q. Did you not have him employed for that purpose? A. No,Sir, we had him employed to look after the work we were doing. Q.The contract states that he was to superintend all this work, receiving pay for it, and you all were relying upon Mr. Roach and his assistant all together. A. I was informed that it vas Mr. Plott's business to locate those pipes to take care of his road. Q. He did not know anything about it? A. I think that was the understanding with li. Plott. Q. You don't claim tb know how that was? A. I aid not read the contract myself,Mr. Caldwell read it over in my hearing. Q. Got all those contracts in your possession now ,have you nd? A. Some of them. I did not read it myself. Q. But you relied upon the engineer you said a while agovA.Yes,Sir. Q@. The County furnished the pipe did it not?fA.Yes, Sir. A. The County furnished the pipe, and paid Mr. Plott for hauling and putting it in at stated prices,QWhere it was needed along the road? A,Yes,Sir. Q. Who was to be the judge of that thing?A.Mr. Plott as I under~- etood it. Q. Ie he an engineer? A. I do not know he may be. Q. But wae he contractor and engineer that he should be the judge | of where to put the pipe? -98— A. I think he was to be engineer so far as concerned the pipe and the grade. Q. Then he was not bound by the notes? A. He was to grade the work under Mre Roach according to contract. Q.- You said he was to be engineer for the protection of the work, then he is not bound? A. He is to work by Mr. Roach's notes, Q. He was to work under Mr. Roach's direction too was he nd? &. Not any further than Mr. Roach was to survey the road, cross section it, and was to go by the figupes that Mr. Roach gave him. Q. For the hauling of that pipe, putting in that pipe, was he to be paid for that extra?A. Yes,Sir, that is my under- standing. Q. I ask you in the conversation with Mr. Derby the night he remmined with you there, if you did not tell him that Mr. Plott did the work all right, and he ought to be paid for it? A. Not as a whole. I said at that branch I thought Mr. Plott was entitled to pay for refilling it. I think eo yet, I did not think the pipe would carry the water at the tie, and don't think so now, 2 When it was put in there you insisted right at that time that the County ought to put in a concrete culvert at the branmch?A. Yes, Sir. I lived right by there and have seen the branch hich time and again. Q. You told the commissioners and also told the engineer? A. Yes,Sir, I thought it was not neccessary to put that pipe in that it would not oarry the water during a heavy rain, and tried to get them to make an order to put a oulivert in, Q. After the rain washed the water pipe away you got that concrete culvert? A. Yes,Sir. Q. Hot been a heavy rain since it was put in? A. I don*t know whether there hae or not. ¢ f ~I9— Q. Well , you had quite a mumber of pipes washed out during that rain, did you not?A. Yes,Sir. Q. That road gave you trouble, I ask you if all of them «- if you did not have trouble on all of them? A. Did on several roads. Q. Er. Lewis, Mr. Leinster was in the employment of the County was he not? A. Yes,Sir. Q. Mr. Hartsell?fA . Yes,Sir. Q. Mr. CRipley?A. Yes,Sir. Q. Mr. Osment?i. Yes,Sir. Q. Mr. Mmodock?A. Yes,5ir. Q. Mre Warlick 7A. Yes,Sir. Q. They were in the employment of the county, end were not working under contract? A. Yes,Sir, they were in the employ- ment of the County, and were doing the work under and by the direction of the County. Q. They were the Poremen ? A. Yes,Sir. Q. You say they also followed Mr. Plott on the Chipley Ford Road? A. Yes,sir . Q. Did Mr. Leinster follow ir. Plott on the @o00l Springs Road and put top sot nit? A. Yes,Sir, but not Mr. Chipley. Q. Did not Mr. Chipley also follow on the Chipley Yord Road and put top soil on it?s. Yes,Sir. Q. They put top s ofl on, was it 9 or 12 inches? A. 12 inches. Q. Had Mr, Chipley told him what was to be done? A. Just filling. Q. Don’t you remember that he had the big plow and plowed out the ditches?A. No,Sir ,I do not. Q. Had what you call the big road machine? A. I did not have him do that. Q. The road machine was run over part of the road?A. Yes,Sir. Q. Bought for that purpose. Brought this road machine over there for that? A. I did not. -LlOO— Q. At your instance?A, No,Sir. Qe At Mr. Roach's instancefA. No,Sir . Q. The mechine was actually rum ovr the road, part of the road as by Plott? A. I do not know who , I did not see the machine work. Q. Smith was doing the work? A. Smith was foreman at that place. Qe What kind of work did Mr. Chipley do out there? A. He hauled dirt at each side of the road, and in some instance had two plowings along the sides. | Q. Hauled it with this machine?fa.e No, SirgQHe hauled it with wheelers?A.YMe, sir. Qe. Yor d@0 not know anything about what thet work cost? You have no account of that? You have no accoukt?A. No, Str I have not. Q. Who attended to that? &. Mr. Chipley did. . Q. All done by that same force?A. Yes,Sir. Q. You have g@ no@ means of separating it?A. No,sir I have nét. Q. Don*t know whether he kept it separate or not?A. No,Sir. Q. Can you tell us what particular place he hauled it? A. Who hauled? Q. Mr. Chipley ? A. Beyond Mr. Porth he hauled some. And buklding at re. Redman'’s; he sumk the road 2-¢# feet where the building stood in the road. Q. There was an old buildiny there on the right of way? A. Yes,Sir. Q. It was the duty of the County to remove it?A. Yes,Sir. We failed to get it away while Mr. Plott was there. Q. That ie where he lowered the road 2+ feet@.Out there, run- ning off to nothing on the other side. Q@. You don't know what that cost do you? A. No,Sir. Q. Where Mr. Derby mde his figures? A. I asked Mr. Derby about that, he said he took the road as he found it. That was toved before he came, t0 be cg og remncn,atenone cat ~1Ol- Q. It was the County's duty to move it hefore Mr. Plott Left? A. It fad been imposshble for the County to get it out, and Mir. Plott asked me to allow them to move it, and pay them for ite I declined to do it. Q. You do not know how much reduction was made on account of it?a. No,Sir. te Those matter were left to Mr. Roach to make his deductions for that kind of work? A. Yes,Sir, we have nothing to do with them at all. wWe trusted it to him. Re-Cross-Examination,. By Mir. Turner @ There at the River where he wasted some dirt and the barrow bit was, I ask you if it was not heretofore your intention to put a trea@tle across for a bridge? A. No,Sir, it was to be left a little lower than it is NOW. It was changed after they had notes to grade there=-~ I asked them if would hurt their work to wait until I came to town. Q. Are you certain it was not your Amtention at the bo; inning when Mr. Plott went out there to put a testle?i:. Ho,S3ir. There was to be no trestle. It was to have been rock or something, and to be a little lower than it waa, There was river danger of the/washing it away and they wanted to put sone thing Over it to stay. It was |n opening to let the water gO under the bridge. Q. It was a trestle to let the water co under the bridge? A. Any how it is not much higher than thie. [I wanted it left and put the birdge lower, Q@. Task you if that dirt was not intended to be used to have @ kindof empankment across the bottom ? A, No,Sir, I asked Mr, Smith would they pe past it, if they were to wait and let me go to town, where the commissioners were in session, and where I was not needed that day, to wait 3 until I can go to town and come back ,and not waste the dirt just to haul on and leave that borrow pit there until I came a02- and see the rest of the commissioners. Mr. Roach went there and there was no more dirt wasted after Mr. Roach went. It was carried on towards the river, that accounts for the waste dirt you asked about. Q. Do you know how much was wasted there? A. There was net 100 yards, may have been 25 yards wasted. it was put in the road, it was dirt that was not called far. Q@. Now, then if they made a change and raised it, did they have to borrow dirt to get it higher? A. Yes,Sir, it was necessary to borrow the dirt. Q. Now, that is on what road? A. Chipley Ford Road. M.A. Peimeter, being duly swrn says: Q Dire cte By Mr. Caldwell. Q@. You are the Chairman of the Board of Commissioners of Iredell County? A. Yes,5ir. Q. Do you know about the con@a@tion of the Lewis Ferry Road? A. Iwas there to sce it several times, it was left very rough shape -- in some timber near Mr. Nash there are stumps in it. had not even finished his right of way along thepe, Q. What was necessary to be done to it. A. The County has had to put it in proper shape, so that it would be possible for travel. We sent ou stump out-fit there o and they took some of the stumps, and ran the machine over it and made it passable. Q. By whom was that out fit paid? A. They drew their pay rolls from the county. Q. Did you visit the Gool Springe road?A.Yes,Sir. I would like to explain: There are five of us, and we are pretty well scattered, so we divided up the County-- I ran over the Cool Springs ofterner than I did these other roads, even the Chipley Forde because it is supposed to be in my divigéion of the County, and I found it very rough. Q. That is the Cooi Springs Road@A. Yes,Sir. ~183- &. I was over thete once a week, and sometimes twice a week, when Mr. Leinster was there. Q. Why was Mr. Iwinster sent there? A. He was sent there to level that road, really amounted to sube-greuding and putting soil on it. That is what he was doing. Qe. Had Mr. Plott left the road in the condition that he was to have left itfa. No,Sir , nothing like level. The sides higher at the edge of the bank and lower in the center. Q. What did you have done? A. Mr. Leinster would often have two plowings to get some of that dirt moved in the low place in the center. Q. Any bill come in on account of that? A. They call it a force account. Q. By whom was thet made? A. Made out by Mr. Leinster ani paid by the Cougty, pay rolls came in every two weeks. Q. Now, Mr. Peimpter as near as you can get it, now tell the Referees about what it cost the County of Iredell by using Mr. Leinster and his force out on the Cool Springs Road to put it in condition? Q. I talked to My. Leinster often: Objection, Q. Who did you get your figures from? A. Mr. Leinster. Q. What are they?i. Ahout $800.00, is what I woud approximate it. Prom my information, Plaintiff objects to any evidence of the amount spent by the County as shown by statement from Mr. Leinster. a. @. What knowlé@ge have you from the amounts that you ordered paid on Mr . Leinster's pay-roll on the Go001 Springs Road-- the pay rool so expended there to put this work in the condi- tion that Mr. Plott ought to have put it? A. I would say $800.00, being an approximation, Objection by the Plaintiff. 5 -1lO4— Q. Now, Mr. Feimster ,you have been talking about some pipes on these roads, just in your own way, tell the Court the agreement with Mr. Plott, as to placing these pipes in the road, why they were placed there, and all about it? A. Mr. Plott as a contractor did not often place a pipe. I do not recollect seeing any unless there was a natural water course on the road-- he did not drain along slopes that was just left, when he filied across a depression, then he put a pipe only though to protect his work. Q. Who furnished the pipe? A. The county paid for the pipe. 2¢ Now, then would you pay him for putting that pipe in? A. He got so much a joint for hauling that pipe out there, and also so much for laying the line of pipe. . A. My recollection is he got $2.00 for laying a line of pipe. Q. Difference in hauling, the distance- A. That vwaries some, Qe Also in size of the pipe. Q. All the deductions that have been shown here to have be@m made by the engineer, you personally do not know anything about? A. No,Sir, I am not tho enrineer, Q. You do not know anything about the extra yardage?A.No, Sir, Qe You did not oalculate that?A. No, Sir. Q. You aid not make any Survey personslly?A. No, Sir. Q. Have you or t from your office,of Mr. Roach's,signified your willingness to convey to Mr. Plott,or to let Mr. Plott eross sections, authorized them have eccesse to all profiles, * to be turned over to Govemmor Turner when he wanted them? A. Ye8,5ir. J would not do it for any body, I would not turn over the affairs of my office Governer Turner, and then you to any body, but I wouldto advised me to have it done, ~105- Q. Mr. Peimster anything else ebout these other roads, any other statement you want to make? A. No,Sir, I know very little about the Chipley Ford Road, as &£t was not in my division, but the Cool Springs was in my division, and I went richt often. Q. You did visit the Lowis Ferry Road?A. Yes, Sir, I went out there. Q. How did you find that?a. I found that it was very: rough. Cros s-Examination. By Mr. Turner. Q. When did lir. Plott complete his work on the Cool Springs Road? A. That was sbmetime before June,1913. It was before that because Mr, Leinster went there in June,1918. Q. It was before that?i.Yes, Sir. Q. When did he commence it?A. I think Mr, Plott was on there in December 1912. Q. When he did that work ?A.Yes,Sir. 4 Qe Iask you if the road bed was not all done before that? A. I do not think he finished -- he was on it-- he commenced at this end, He must have come out of there the last of February or the first of ifarch. - JunePa.e V a Qe Then you went tn ,oir. Qe It was finished some months before lire Leinster went to it? A. Yes,Sir. Q. Commenced at this end and went towards Cool Springs? A. Yes,Sir, he commenced at or near Maness' stare, QR. Commenced at the end of the macadam? A. About three miles from town something like that. Q. Now, that was in June last year, he commenced B@ A. Yes, Sir. Q. How many miles @n that did he he top soil, on the Cool Springs Road? A. I eannot give you the distance. It went to the school house known as the Pi¥th Creek School House, Q- That is hardly half the distance?A. Yes, Sir, ~106~ &. It cannot de over two miles from the School House town to Mr. Sarten's Store? @. I ask you if you did not top soil it this spring or summer? A. Yes,Sir. Q. Done in May or June this year?A. Yes,5ir,. Q. I ask you if that is s, if it has not been standing there for about a year and a half? A. Something over a yeare Q. All of it had been standing-- part of it had been standing all the way to six months? A. From four to nine months. Q. Decemter in the winter when li. Plott went on this road, and I believe you say he finished this road in February or March? A. Yes,Sir. Q. Now, then when did he get to Pifth Creek? A. I cannot tell you that date. Q2. Sometime this year was it not?a. No,sir, MrePloett left hBkbre last fall. Q. This end of it then wns open to travel fro the Mr. Plott left until the time lr. Leinster went there? A. Yes,5ire Q. And the other end is open to public travel up to this year? A. The public went on there any time. Q@. Bood deal of travel on that road? A. Thie road is travelled considerably, not as tach as mwme of A the otherSe Q@. Task you if you G44 not have a rreat deal of lumber hauled on that road , before you put the top soil on the first time from February to June? A. Pour months of travel on it. A. It was an average road. An average amount of hauling on ite. Q@. Just as the wheels would leave an indication or impression, water would settle in the depression, and when wagons would i ; travel over it, they wouhd pick @p a a great deal more? { ; A. Yes,Sir, to some extend it would, if those in charre watch 1LO7= whBfe they were going they could keep out of those holes all right. Q. You have travelled here, and you went this way, when you had one track? A. That was the trouble, Q. Now, Mr. Feimster you did not have a contract with .Mr, Plott to top soil it? Or to smooth it over for travel? A. We thought he would grade it level. Q. Yon did not expect a smooth road?A. No,Sir, AQ. No,Sir, we put another man on to do that. Q. You did not expect the top to be smooth? A. I expected it to be level. Q@. I ask you if travelligg over this road, did not have a ten dency to cawe the high places to wear down ? A. It would cause the high please to be graded down, also cause depression in the low places to travel on the road ? Q. Why would it cause depressions? A. Why the water would settle down here and soften them. @gAnd if it stayed there any length of tim cutx wash away the bank raised tp h&gher on the sides? A. To some extend it Suld sir. Q. New, I aek . if there wis not a rreat deal of jumber hauled over that road d&rihg this time? A. No,Sir, not very much lumber, for this reason Elmwood is the lumber marke% and Oak Forest-- they co to Elm Wood to the statdon there or to Oak Forest; there are some short hauls-- you travel over several miles of the road going to Elmwood, but not a great manye That lumber comes out on what we know as the New Mocksvi-le Road, @. Do you know anything that cuts up a road worse than a lumber wagon? A. Yee,Sir, I know what 111 hurt a sand clay road worse Q. What is it?A. An authomobile will cut it up worse. 108~ Q. Now, then you 414 not go back there and do this work until Mr.Leinster went out there?A.No,Sir. Q. Did not do this work until you went out there to put the top soil on, some four, some eight, and some five months months afterwards? A.Yes,Sir. Q. As you reached it, I think you did this levelling up that you speak of, that Mr. Plott ought to have done?fA. Yes,Sir. Q. Mr. Leinster was in the employment of the Clounty?A. Yes,Sir. Q. His pay roAl covers top soil as well as this levelling you speak of , on which the reduction is made, did he not? A. I @® not think I want to answer that question. Mr. Leinster kept another foreman who followed getting the foree account, they had this foreman so many hours doing the work that Mr. Plott should have done, Q. Was it all done at the same time, was he keeping any separate account? A. Yes,Sir, they kept an account, Q. Did he furnish you with it? A. They furnished it to Mr. Roach. I am not the engineer, there-~ fore they gave it to Mr. Rosch. Q. You are not able to separate the pay roAl for the sand claying and the other? A. No,Sir, Q. The pay roll was paid?A. Yes,S3ir. Q. You are not able to separate it yourself? Ae No, Sir, it is done top soil and levelling on that pay roll they brought in. Qe All mixed together was it not? A. I was not adle--«- Now the pay roll came in every two weeks for the whole tim, but perhaps one day or two days in the week, thoee foremen wege on this force account, and it was kept and we charge it to Mre Plott for doing the work that he should have done. We charged it to him Yea,Sir, by the force account. Qe You did not take into consideration the wear and tear of the road caused by the travel over it did you in charging it up to Mr. Plott?A. Yes,Sir. i jul ate ~LO9~ &. We did not deduct as much as the force account s).ows on that and some of the others. Q. I ask you if you did not have a great deal of complaint by the travelling public to you officially , that the road bei wasted and going to pieces, by reason of its not being top soiled?A. No,Sir. I heard complaint about its being muddy. Q. Did you not hear a good deal of complaint about its washing and wasting away ? A? They simply wanted the road. Qe I ask you if the, did not tell you that it was going to pieces travelling over it, and would cost you a great deal of money to put it back in shape like Plott left it. A. They came and asked that the road be soiled; that was the objection-- they wanted it finished. Qe You have no personal knowledce of the work that should haw been done by Mr. Py ott, and what the amount of the deduction is? Q. You have no personal knowlede about it? A. I went an’! saw it. Qe. That is as @ar as your information goes?A. Yes,Sir, I went and SaWe Q- You have no personal kmowled-e as to what it cost, except as it was reported? A. Except as reported, Q- Did you ever make any complaint to Mr. Plott?a. No,Sir,. Qe Did you ever ask him to fo back over it? A. That was not my businesses. Qe You did not ? A. No,Sir. te You are County Chairman?A. Yes,Sir. Qe Mr. Roach is not? A. No,Sir. Q. You are the head?A. I am Chairman, Qe Mre Roach under you? A. Don't know about that. Q. He was the practical mn , you are the busim es man. Re-Direct. By Mr. Caldwell, Q- Mr. Feimster, Mr. Leinster and others who were there repre- senting the County in doing this work, kept that force accout separate from the other, and that was turned into Mr. Rach? 8.Yes. -1R0- Q. And Mr. Roach as you have stated charged the amount Ho Ir. Plott, and thst was deducted? A. I have personal knowledge of asking Mr. Leinster about that force account. I know he done part of ite Q. Mr. Roach then would lay before you,as Cheriman, his estintte, that included this force account with the other work and you vouchered it?A. Yes, Sir. D.M. Hartsell,being duly sworn, says: Directe By Mr. Caldwell. Q4. Are you in the employ of the County now?A. Yes, Sir. Q° Have been for sometime?.i. Yes,sire Q. Do you remember some extra work that you 14id on the Lewis Ferry RosadfA. Yes, Sire Q@. Do you know why that work was done, what it was? A. It was grubbing andi rounding up. Q. Did you submit to Mr. Roach the exact cost it required to be paid for that work?:. Ycs,5Jir. 2. Did you give him your ficures?A. Yes,Sir. 4. Do you know whether those are your firwes or not? A. Yes,Sir, $176.00 A. Yos, Sir, that is the firure. 2. What condition did li. Plott leave the Lewis Ferry Road? A. Rough ,and lots of stumps and trees in I found two tress in the road, Q. How was the grade, was it levelled down? Ae He left it higher at the banks, Q. How was the center? A. Center wae left lower than the sides- I remuiiber where we were runnine in the center of the road, run acain two stumps and roots. Q@. County have to take them out?A. Yes,Sir. Q@. Were you on any of the other roads, é< I was the aesistant fSremn-- I done all the subd-gradim on this Cool Sprinrs road. i ; ) -lll- Q. How long were you dohng that sub-grading-- and the other grading and levelling, if you recall? A. I do not remember how long we were at ite Q@. Did you and Mr. Leinster keep thet force account?i. Yes, sire &. We kept it and made it out? 0. What was done vith it?A. Mr. Leinster fetched it into town. Did he deliver it to Mr. Roach? A. | do not know. Q. Can you give us an idea of how many miles that you and Liye Leinster had to work over that Mr. Plott worked at there? Ae I worked with him down to that Church, down there at Salem Church. 2. Where did you commence. A. At the end of the macadam, out here beyond the old Alien placée Q. Worked to Salem Church?A. Yes ,Sir. Q. Ahout how far is that? Ao About five miles. ~ Q. Then he worked on down to the School House? A. I left them, I vent with the engine force then from there On. Q. About how much higher was it? Was it higher? A. Yes,5ire Cool Springs was higher-- we took two plorgng in place6e Q. How much higher it up on e sides than inthe eenter? A. In places it was bout four to eight inches higher. 2. How did that ground compare in firmness to the middle of the road; was that firm gro nd the sides that he left? A. Yes,Sir it w ri Me Q. Showed that it had n t been taken opt ?A. Yes, Sire Q. Did you ever go over the Lewis Perry Road with your engine and crew? A. Yes, 5ire Q. Some other employee went over with the same force am worked 4t over?A. I think #, I do not know. Q. Besides Mr. Mclelland and Mr. Bost, who was over there? A. That is all I know. : : Q. See any indications of machinery over thre when you were? | A. No,Sir. I have not been there since I was in the Hospital. 112-= Cross-Examinati on} By ir. Grier. Q. Mr. Hartsell you were working for the County on the Cool Springs Road, and kept up the tools? A. Yes, Sir, I have been e blacksmith. Qe Your duties were riding the road mchine and looking after: the machinery of Mr, Leinster? Your particular duties were these, shoeing the horses and mules, keeping everything in shape as to the tools and running the engine? A. I don@® the grading and I looked after the plows. Q. You were only on 2-1/2 miles of the Cool Springs Road, were you not?i. I was on more thin that. I ent down to the Churche Q. Well let's see, out to the Allen place it is 2-=1/2 piles? A.Yes,Sir. Qe And you went to the Church, which is five miles? A. I worked with him to the Church, Q. That vould make 2-1/2 miles on that particular road, Q. Theat road had been graded and left standing some considerable time, had it not? Ae I do not know, Qe That is a right populous community out there? A. Not so very» except right near Cool Springs. Q. I ask you if there is not a roller mill out there run by Mr. Couch, and a road lead down one branch and connects to the River Hill Road, and three main roads tmt come into it, I ask you if it is not subjected to @onsiderable travel? A. Yes,Sir, there is smme travel. A. A new road lf, Hartsell, and a road that is graded out and cut down, these cool ,cloudy days, and inevitable winter raim and winter travel cut up pretty badly does it not? A. Yes,Sir, cuts up pretty badly. Qe. The depression in the road, follow the line of travel? A, Yes,Sir, some, Q. Horses and mules hoofs, the timber van, eto., had left its impression ae a matter of course, and that is the reason when you finished ,you had to round it up, becawe of the wear and tear of eer ‘ ; ‘ie md nl” Sayin, sibilant P the road? A.Yes,Sir, - 118- Q. That is the condition that you found that road in, the winter condition. On the fills? A. The cuts were not to actual grade, tell by going along. I did not have any notes. I built the fills up to his stakes. His fills were not to that. Q. Road Was left in the winter season, the fills were left in the winter season and subjected to winter rain and travel, in your opinion, would thay have settled some and the green earth washed away from the sides, and a lot of it wasted? Ae Yes,Sir, it would waste some. Q. That is what you found? A. Yes,Sir, I did not find the fills washed very much, Q. But you found it avay from the banksPA. Yes,Sir. Q.Tlad Wass s natural condition? A. Yes,Sir. Qe The cuts don't do itPA. No,Sir. Q. Where you drive into a cut and get a wagon in there, don't it make it lower, where you drive the wagon?A.Yes,Sir. Q. Pill up the ditches more or less,on the side of the cut sleugh out to the edge of the road and make it higher? A. Yes. Q. Now, the Lewis Perry Road, kr. Hartsell I think you were there, I will ask you thie stion, if a roud a‘ter it is graded, fixed up to the requirements as to grade, if you follow it then and top 8-11 it, if 1t cannot be done for much less than to let it stand any where from four to ten months and then undertake to get it back to grade?fA. Yes,Sir. @. Now, Mr. Hartsell, on that Lewis Perry Road, you went out there and did what? A. Rounded it up, I taken out the stumps, and I also found two trees in the road, Q. A distance of 12 miles? A. I do not think the distance is that far, Wine I think. Q. Any how you found two treesand a stumps; You had to remove the trees and the stump, and reund up the road? A, Round it up Yes,Sir. ~ ‘ ~l1l4- | Q. Invother words you put that road in siape in which it was to be’ left? A. Yes,Sir . Qe It was not to be top soiled?A. I do not know, Qe You rounded it up as a road?A. Yes,Sir. Qe You put no top soil on itPA. No,Sir. Q. And that bill cost the County $176.00? A. Yes,Sir. Q- You say there was slight deficiencies along that road ? A. Yes,Sir, i found where the vater ran, and pipes lying on the top of the ground and fill-ed pp, I think I took out tro pipe lines, | Q. You have no knowledge of any body else doing any work before you? A. No,Sir. Q. You have no knowledge of 2ny one else's following you? A. No,Sir. Q. You have not been back since ?:\. No,Sir. Q. The road as finished by Mr. Plott was not to be rounded up? A. I do not know anything about their contract. Qe As a matter of fact the man grading and top soil does not rouni it up? In any event you went there and rounded it up, and took out the stumps and left it as a road for travel? A. Yes,Sire A. And it is being travelled?A. Yes,Sir. Re-Direct. By Mre Caldwell Q. Did you observe any effort out there to cover up stumpe in the road? A. I ran the machine in them, and tore them loose. Q. I think you stated to li. Grier a while ago, that you observed that Mr, Plott had not gone out to his grade stakes any where? A. That was out on the other road, where he had not made the road wide enough at some places. At some place near Mr. Webb I do not think the road was over 24 feet, Q- It was to have been 30 feet?A. Yes,Sir, it was supposed to be 50 feet. Q. The grade in the cut would be solid eround?A, Yes, Sir. ~115- Q@. There would be no shouphing off there? A. No, Sire 9. That was where you found the benk so high on the sides, ana the depression in the middle, here in the cuts? A. Yes,Sire By the Court: Q. When was it you went on those roads, how long after Mr. Plott left? 4. A. I suppose Mr. Plott left the latter part of November or the first of December. Lr. Leinster ana I vent on the Cool Sprims road about the first of Q. On the Lewis Forry Road Ae I @& not remember ,I think it vas in December I was on it. Q. In what year?A. last year,1913. Mre l.eAe Feimstem, being recalled: Mr. Grier. spect: Seaaabi Q. Did you send any other employee on the Lewis Ferry Road? Be Yes, Sire Q. Did you see them there PA. Yee, Sire », Who was that? A. Mre JeLe McLelland of this County. Q. What was he sent out there for? A. He was sent out there to straichten that road up. @. Woy had you sent lr. UcLelland after Mr. Hartsell? A. Mr. Hartsell was in the Hospital here for an operation for appendicitis. Q. Do you remember what month that was? A. No,Sir, Mr. Grier,I do note I think Mr. Hartsell was over there in January, efter it was finished in November, or Deo embe r a short time after it was fingshed Mr. Harteell was there. @. You think Mr. Harteell was there in January is your recolie ction? : A. Yes, Sire Q. It might have enve been later might it not? A. Yes,S5ire Q@. Pebruary or March? A. No,8ir . In February and March we did not do anything, because it rained continually. “115- Q. Now, Mr. McLelland was there? A. He went back oyer it? A. Yes,Sir, I saw Mr. McLelland I ean tell you where it was, west of old Dr. Long"s place where there is now a bridge; He was making it perfectly level, that was no crown to it. he did not go to crown it, it was to level it, Q. I ask you if Mre McLelland and Mr. Hartsell were not out there crowing that road up? A. No,Sir, but they were levelling it, He was levelling the places, he was not crowning it. Qe. You were not going to sand clay that? A. No,Sir. Q. You were not grading it to put top soil on? A. No, Sir. Q. Apa matter of fact it has been 12 months ? A . Yes,Sir. there ig no top soil on it , but it is not yet 12 months. Mr. Plott was on that last fall. Q. When? A. September or November would be 12 months? A. Yes,Sir. Q. I ask you if you did not send these men out there, Mr. Hartsell and Mr. McLelland to crown it up, knowing that you were not able at this time to put top soil on. A. We hope to put soil on it yet. Q. If you did not send those gen®lemen out there to crown ft UP, put it in shape for travel until you could ,at some future time top soil it? A. I would like to ans er the question a little differently, if you will let me. Because of the complaints of those people of the condition it was in who had to travel %, that it was full of mud holes, stumps, etc. I was trying to fix it so that they could travel it. Q. Mr. Plott was not to fix it in a condition to travel? * A. It was not. Q. Mr. Plott was not to fix it in a condition to travel? A. He is suppésed to lewve a level grade, Q. Then you were to follow with your hands: ~116- A. It looked to me sometimes when the Board was in session thet I aid not imow what to do first, but Mr. Nash looked like a damp tom cat about a stump in the road up there, and I sent Mr. Hartsell there to rectify it. Q@. I want to repeat my question again Squire: I asked you before sending Mr. Hartsell, and Mr. MeLelland on this woad, with the view of putting it in shape for travel, until some future time you could put on the top soil? Now Yes, or NS. A. Yes,Sir.e I would like to explain; That machine went west of Statesville, in Mr. Little's d‘vision of the County; went over the sand soil road known as the Island Ford Road to Sharon Church, then went from Sharon Church to the Abernathy Store. In other words from Island Ford Road to the Lewis Ferry Road. Mr. McLlelland went over those rosds to keep them in repair. Also ran dovm to what is know 4s the crose road t006 Q. Well, I believe you vent fro: Sharon Church to Abernathy's storePA. Yes,Jire Q. In other words, from the Island Ford Road to Lewis Ferry Road, and from Bidcon's to this Island Pord Road, and then in the Church round? Ae Yes,Sir, and then in heree Q. That is what the mchine did? a. Yes,Sir. Q. Now were the bridges put in on this Lewis Ferry Road at the time you sent lir. McLeliand out there? A. I am not suree~ I do not know whether they were in or not ? Q. You have put them in?A. Yes, Sire Q. Put in a bridge at Eli Prayley'e , Bask Creek Crossing and also at the Watts Mill Crossing ? A. Yes, Sir. Q. You have had the Railroad help put ina bridge? A. I prevailed on the railroad Company to put a bridge in, we had a very dangerous grade crossing here and they did it. Q. The County is now linked together from end to the other ‘ <ith bridges and roads?A,. mee Process of sending the machine © out. the that maghine was ght for, repairing the road princi- 13h can bulid a Toa on a naturel grade. ‘ ‘ a 2a 4 #“lL1L7- Redirect. By I. Caldwell. Q. You tse them even on your top soil roads, 48s well as your macadam roads, where ;ou could not get them in shape for public travel? A. Yes,Sir , to keep them in shape, we have been from one end of the County to the other. Mr. Bob Ga&ther being duly sworn, says: Direct. By Mre Caldwell. Q. I believe neither of the e rosds in controversy here are in your territory?i. No,Si Were you ever on the Lewis Ferry Rosd?a. No,Sir. Q. Did you see any part fF the Chipley Ferry Road that NMre Plott left? A.I wes out beyond the River. Q. What condition was that int A. Pretty bad con@itione then} Q. In what respect! low had he left it? A. That was last March , I do not know when he left, don't remembere A. Why the road was cenerally speaking , was too low in the n't sufficiently deep to carry the op a | @ middle; water 1i water and they filled up. Q. You observed that on the part that ily. Pott had left that head not bee nvAe oars Q. Now , were | ever on the Chiple ord Read? A. That is the Chipley rd Road we are trlki about. Q. You were never the yw if verry ? 4. Not since it was completed,No,Sire Croes-Exrimination, By lir. Criere QSquire, I understeod yo to s you were only on the Chipley Word Road beyond the RiverfA. Yes,5ir. A. That was before 88 wae top eoiled? Ae Yes,Sire Q. You are a member of the Joard o1 Sounty Commissioners? A. Yes, 4 Q@. In the division among the five commissioners, you did not fall to your one-fifth of ali Gaul, Squire, but the fact is that As Yee, Sire Road has never been been top soiled beyond the River? ~118= Q. I ask you on the Chipley Pord Road, that except possibly for one fourth of a mile beyond the River has hot been top soiled?A. No,Sir,. Q. That is the road tht leads on up in Dr. King's neighborhood?” A. Yes, Sir. Q. What section of it were you over? A. The entire section North of the River or just up to the old Taylor Road-- I suppose we cut across from Wilkesboro Road by Weisners across there. We cut pretty chose to the end -- come down from Veisner's in-- I went the Wilkesboro Road by Weisner’s Store into the Lewis Perry Road. Qe Do you recollect Tom Wilson-- Do you know where old Tom Wilson lives, where you come in there? A. We were way beyond there. a. Beyond Dr. King'’s?A. Yes,Sir. We come in pretty low up to the end of it, Q. And the Road has been open to travel? A. Yes, Sir. Q. And msed?A. Yos, Sir. Q. How lone since? A. Prom the time he finished it. That was last March, QR. Subjected to six months winter travel? A. I noticed some little stumps and and some rock that Mre Plott had not taken out. Q. Mr. Plott was not to grub and clear that right of way? Ae I do not know. Q. The County as a matter of fact was to have taken ont . and cleared the right of way. His contact for grading did not include grubbing of the right of way, did it? Ae No,it did not. Q. It should have been cleared out before it was graded? A.Yes, 2. As a matter of fact he did do quite a little bit of clearing, and grubbing for the County, did he not?A. Yes, Sir. Part t road over which you sed is heavily timbered Berdeds ef. ummers line and Dr? Kihe's iine, is it’ not? “119. Qe Part of it is heavily timbered? A. Part of it is heavily timberéd and part of it is through fields. . Qe I am asking you Squire,just about Summers on up to Dr, King's Team asking you if the road does not ¢o through a heavy body of Summers timber, a man who never has had a foot cut out of it? A. Yes, Sit, | Qe You say that road was subjected to that travel, and you found some defects, some drains following the center of the road where the travel was, you found it cut up, just as you recall? A. Pretty bad shape. Q. Green road and travelled? A. I think if it had been properly drained it woulda have been better, Drain pipes were on top of the ground, if it had been properly @rained, it would have been better. Q. The drainage of the rad was to be completed by the County? In other words, Mr. Plott was not to put the road in shape for travel was he? A. No,Sir, He put it in to protect his work, Q. That is the pipes through the road?.A. Yos,Sir. Q. In places requiring pipes, and the fills indicated was deep enough to carry the accummulated water off the drivewayfa@hey would put pipes until we did, Q. If the drain requirements of the engineer-- failure to have provided sufficient earth to prevent the mchine or the wheelers from breaking the pipes, that would not be the fa&lt of Mr. Plott, would it? A. Not if he left it out, Q. Suppose he put it in? A. It was just as well out, to put it in and let it be broken, It would pay far better for Mr. Plott not to put them in Q. It would be no fault of Mr, Plott if the Mneineer did not give him sufficient grade to cover the pipes? A. Mr. Plott put there in at his om judgment, he had no in structions to put them in I know. Q. You don't know what he farnished by sending drain pipes there? ~120= A. It is the genetal way for these foremen to get them. Q. You don't know whether he was ordered to put in one pipe, or put in 50 pipes?A. No,S5ir. He was ordered to put them in to safe his work, that is what he put them in fore The defentant offers contract between Mr.. Mlott and the the County on the Cool Springs Road, Marked Exhibit No.ll The defendant offers contract between Mr. Plott and the County of Iredell on theChipley Ford Road, Marked Exhibit #12, The Defendant also offers contract between Mr. Plott and the County of Iredell on the East Monbo Road, marked Exhibit No.1é. The defendant also offers contract between Mr. Plott and the County of Iredell on the Lewis Perry Road, marked Exhibit Nolé4. fhe defendant also offers in evidence ,Defendant's Original Answer and the defendant's dfmetded Answer. DEFZDANT RESTS: The plaintiff introduces the following evidence: Lee Linpard, being duly sworn, says: Direct. By Mr. Grier. Q. Mr. Lippard 41a you with with Mr. Plott while he was grad- ing some of these roads?\. Yes, Sir. Q. Did you work on the Lewis Ferry Road?A.Yes,Sir,. Q. Who put the fil] in on what ie known as Stewart's mill? A. I put in the fill. 2. How much opening did you leave there for the bridge? A. I went out just as close to the creek as I could, leaving 765 feet, opening, as my orders was. Q. Who gave you your orders? A. Mir. Campdell. Q. Who was he? Assistant Bnrincer. Byer funt—ol 9, Objection by defendant. Grasp 2A ie Mr. Campbell the assistant enrineer of Mr. Roach? A. Yes,Sir. “121+ Q . What directions did he give you about that? A. Just where I was to that earth; he told me to ae the dirt above the fill, until it was too high to put up the wheelers and then to borrow dirt, at the crossing right at Stewart's mill, on the right hand side. Qe Bid you do that?A.Yes,Sir. I went out just as close to grade, it was 100 foot stake right on the bank. Q. What engineer if any, and if so who visited the work a short time before you completed that fill at Stewart's mill? A. Mr. Campbell. Qe Did you see him?A. Yes, Sir. Q. How long was it before yhu completed the fill? ; A. I was working on it. » Q. How long after he was there this last time before you com pleted it? Ae I was finishing up right at the time . Q. What did he say about it?A. It seemed to be satisfactory. Qe Did he inspect it ? A. Yeg,Sir. Q. Did he approve of what you were doing?A. Yos,Sir. What if anything was ssid by him about Pelling the fill in ? @. Did the work as you were told? A. ,osir. to come in and leave 75 feet space. Q. He was there when you finished itt up?A. Yes,Sir. ar Who did the ork out here on the Kast mnbo Road? A. At the creek I did the work on this side of the creek. I aid not finish the work on the other side, because the out-~ fit was leaving here when it finished the road. 4 Q. Where was the main fill, on which side of this creek? A. Thie side. Q. Under whose ordere did you put that fill in? Ae Under Mr. Campbell notes. He was there once, they come out, he ami Mr. Roach both came out richt as we were finishiig up. Q. Was that fill put in under the directions of thie engincer —— cigar tes By se eee aq iat ~l22— and his assistant Mr. Campbell,which one? A. By Mre Campbell. 9. I understood you to say that Mr. Roach and Mre Campbell both came at the time you were finishing?A. Yes,Sir, they did come out-- come in an automobilee- drove Upe Q. Was the fill put in in accordance with Mr. Roach'’s and Mr. Campbell @irections and leveled?A. Yes,Sir. Q. Did they furnish you any notes to finish up your services on that road?Xf so which one?A. No,sir, they did not. They gave me orders in persone They gave me orders to widen the fill Y 7 on this side of the creek and the other; that was the only I hade Q. Now, in you work on these roads @id you take down slopes and grade them? A. I always tried to take ther downe- it was 8 inches lower than the center level; furrow run to carry the water. 0. Was that done on your work on the Lewis Ferry Roed? A. Yes,Sir, done on all the work. ked ll of the roads?A. 9. You worked on ali O12 road Pe Q. Now, just explsin to the Referee, how you did it, about taking out slopes there? A. We worked by sides. It is much easier to measure down to proper depth you know. After I got it down on & perfect level, I always took one lowing or two on a side; one narrow furrow and then a deep one, nd then one furrow through. Crose-Rxamination. By Mr. Caldwell. Q. Did Mr. Roach ever give you instructions about pubhing that fill in at Mr. Stewart's mill?A. No,Sir. Q. When did you quit out the re? A. I do not know just exactly how s0OMN. @. You quit and Mr. Wyrick got there, did you not?A, MNo,Sire Q. Where were you when he came?A. He came out on the Bast Monbo orders ees Road, he oame there a week before we left; before we completed it. ln I et lh ae ~18@36 Q. I ask you if just as soon as Mr. Wyrick got out there, and took charge, he run you off? A. I have never been run off yet, and he is gone. Q. Working for Mr. Plott now?a. Yes ,Sir. Re-Direct,. By Mr. Grier. Q. Working for him ever since? A. I have been working for him three years, the l4th day of this coming October, Q. Did you work with him when Mr. Wyrick had charge for him at some place?i. Yes,Sir,. Re-Cros s~Examination, By lire Caldwell. Q. Work right where Wyrick wasPA. Yes ,Sir Mr. J.T. Plott, being recalled: By Mr. Grier, Q. Mr. Plott I do not want to go over anything that you went over yesterday; O, that fill af the Stewart mill, whet instructions did you have, if any about the Opening that should be left there for the bridce? A. bir. Roach told me in his office to leave 72 feet opening, but we got ordews--to mike the fill less. Q. Who instructed yo. to make it;:A.Mr. Campbell; where to get the dirt; he was out there with him during the progress of the fill; and at that borrow pit where we cot the earth out there testified by Mr. Lippard? A. Yes,Sir, wiere they told us to get the earth on the right hand eide as neur as ve could go with the loader, Q. On the left hand side you did have to waste some dirt? A. Yes,Sir. put it there at their directions, Q. They were on the grounde while it was being done?aA. Yes,Sir. Mr, Campbell was there not more than two hdure before the job was finished, Q- Mr. Campbell very frequently give orders, did he not?A. Yes,Sir Q. Were they obeyed by youPa. Yes ,Sir. ~124- Qe Was any complaint made by Mr. Rosch ,about your following Mr, Campbell's orders before you left?A. No,Sir, never heard of any. Q. When was the first time you heard of this fill not being as ordered? A. Yesterday. Q. Had there ever been any complaint made of it 9A. Not a word, Q. Was any complaint made to you ,at any time, about your work on these various ro ds, by Mr. Campbell er Mr. Ro ch, that you failed to carry out their orders? A. No,Sir, there was not. Qe Not before you left the roads?A. No, Sir. Q. Did they ever made ny state ent to you prior to the time of your completeion of these roads, these several roads, of any work that they would require you to do there to finish them up? A. No,Sir, they did not. Q. I belivwe you testified yesterday that the only paper that youe ever saw was this purported reduction, bearing date November 29th, which was broucht to your home, ttmere you vere lying flat of your back, by Mr. Campbell? A. Yes, Sire Qe That was the first you heard of that?a. Yos, Sir. Q. Did Mr. Campbell ever talk to you about who surveyed and cross section the Lewis Ferry Road? A. Yes,Sir,. Q. Where? A. He came to Walnut Cove. Q. Who did? A. Mr. Campbell. Objectionf Q. When was that?a.It was about the last of November, Q. Since he quite the County? A. Or when he was looking for ether work, Q. What 444 he tell you about it? A. He told me , he did all the surveying on the Lewis Perry Road, and the cross section work; that he was compeént to a Mr, Larimer Work; that he was competent to do Mr, Larimer figure ing, ~L25—= Qe Who was he? A. He had a man in the office at the time, not the engineer but a man that was staying in there, was over taxed? Q- In the encineer's officePA,. Yes,Sir. Q. Why was he telling you? Ae The reason he said this he was trying to prove his compe~ tency in getting another job; that he was competent to do other work, Cros S~Examirme tion. By Mre Caldwell, Q- He was securing a job from you? A. No,Sir. Q- He was there secking a job from who? Ae Prom the Township. Q. Another road contract?... Yes, Sir, Q. Did he ask you for a job? A, No,Sir, he did not, Q. Newer applied to you for . Job? a. No,Sir, 2-2 But he was over there vending his wares, he cowml*d do? Did he get it? Objection. Q. Did you ever stick your fist on @ paper like that? Q. Ie that your simeature? Did you siren that? Q. Is that your sirnature hy. Plott?aA. Yes, Sir. Q. lr. Plott, I believe stated just now that you have never had any kmowledre of ny Objection to that f111 out there until yesterday, on that fill at the creek? 4A. I certainly did not, S. Have you not had a copy of Mr, Roach's estimate long ago, showing hie estimte on that contract?A. Yes, Sir, Q. On that work?a. Yos,Sir, Q. Did you see the deductions that he mde on that estimte, that you were not allowed for? A. Yos,Sir, thee are there, but that is it fore It is not put separate from anything else, I know I 444 not get my yardage. —— ee ena wl P6< @. You know he held yardage off you? A. I 4o not know where it is. Q@. Where is it on the other roads? A. Thet is what I esked Mr, Roath, asked him to give me an itemized statement, aud he refuwwed to do Ite @. You and Roneh are not very friendly 7? de Not as friendly as we have beens Q. It in a fact your are not, is it not?A. I think 806 RaewDire ct « By Whe Gricre you are ot friendly now? Ae Yeb,Sire Oe You were friendly when you were doing tials work? A. Yes,Sir, we wore friendly tp to two weeks vefre we csempleted the wake Mre George Smith, being recalled, sayBe Dir oct. By Mre Griere Q. Mre Smith you testified yesterday you were lire Plott's foreman? Ae Yee, >ire Q. Did Mr. Smith Campbell mike ony nmtatenent to you about whe gurveyed andi cross sectioned this “owis Derzy Lo: d?a. Yes,Site Ob joction.s Q. What did he ogy about it? Ae He wns ocvor at Talnut Cove. Qe went from Staterville?i.. Yeugsizte Q. You mot ovor there’. Yetgtir, he was telling 1 that he rer competiont to do seme work he referred to~ said he did the work on the Lewhs Ferry Round, located every bidge, and erose section eud rade the calculations ond [Te Ra ch never moved @ peke Ry the Reieree: re Did you ever have any conversation with hewis while you were on the Chipley ‘ord Road about grading ever sbovt the River as testified to by him, any apepking of the work there? A. He said it wae done oll right, 4 a a ot geet ee ~L27= Q. Something was said about waste earth about 265 yards? A. Yes,Sir, that waste dirt came about by their having omitted to put in the notese- the notes he did give me to ¢o by lacked 150 feet of going to the River. My understanding about that they were to put a trestle or bridge in there, after that they made it shorter. They then gave me notes from there to the river, then I had to make the borrow pit and put in the balance of that fill ém, I could have put this waste dirt back on the road , but in order to get it domm, would have to eut into the fill, in getting it, Qe Something was said about taking out stumps by the County, in your work? A. Thay did take out stump just at the first crossing, right in the middle of the road we attempted to take out a stumpe there-- It was a decayed stump, and +e worked at it@- I had to do other work, and later the Comty finished taking it out: Qe They took it out at your instance? A. Ye » 2176 Cross- Examination. By Mr. Caldwell. Q. I ask you if u did not leave part of that stump in there at alast? 1. WN us t stur 8 al Ge ee Are you workin ‘Or Mir. Plott?a. No, Sir. ae YOu did though?,. I did, Q. You worked with him over in Stockes?A. Yes,Sir. Q. Were you over there huntine a job as a campetent man? 4. I had a job when I went there? Q. With him?A. Yes, Sir. Mr, Derby ,being recalled, says; Direct. By. Mr. Grier. Q. Mr. Derby you are the engineer that had in your employ young Robert MoRorie?A. Yes, Sir. Q. To oarry the chain in your lxbors? A. Yes, Sir. Q. BQ he stay with you and pefform the work? 4. I had him on the Lewis Perry Road and possibly on the Chipley Ford Road? 128- Q. He was with you on the Lewis Perry and on the Chipley Farad Road? A. Yes,Sir. I was forever after him about his incomptetency. I hed to keep after him. I finally threatened him on the Chipley Ford Road. I do not kmow who else was with me, but I threatened him in a way. It made him mad. He caused me to have to go back and do work over on account of running around. When I turned around to see where he was, he was roing off up the road. Ido not know I really discharged him, or that he quit. I threatened him, and was going to discharge him when I got to town. Q. Now, you state all about how you set the stakes, state to the Court how you did it? A. I measured whenever the contour of the ground permitted, if there was any reason for it I had a cross reading at station 25 plus-- I had for 75 plus and for 100 plus, any thing er at +) arn o ‘ Wd y Le Cross _ ~y that it was necessary to get an accurate r section I did. Qe. Did you cause him to set in the station stake at any point 60 as to be advantageous to the County?A. No,Sir . Q. Did you cause him to set in the station stake at any time in your survey, so as to be advantareous to ir. Plott? ha Ae No, Sir, iid not. Q. The contour of this comtry over which you went that is what you out-lined?A. Yes, Sir. Q. In your calculation, state whether or not you may the proper allowance for any unevenese?A. Yee,Sir, I made proper allowance for the uneveness. It is uniformly even, there is no ragapa rough ground in any of these roads except one, Q. When you touched an old roud do you make allowance for that? A. Yes, Sir, I made allowings for the old roadg. @. In your calculation on the Lewis Perry Road, 414 you include 428 the borrow pit at the Stewart's mill?A. Yes,Sir. Q-Did you include all the earth at the Stewart's bridge in your estimate?A. Yos,Sir. Q. Now, Mr. Derby, I believe you s:ated to the Court that you counted the slopes in your estimte? A. Yes,Sir. Qe Now, can you give the Court an opinion as to what per cent of the yardage was included in these roads in the slopes? A. That wold be a pretty hard thing to do, it would be more of @ guess than anything else without calculating on it. 2¢ What is your answor: Ae I expect it vould be at least 8 or 10 per cent on that Lewis Ferry. Qe If the slopes were included it would increase the yardage about eight or ten per cent?A. Yes, Sir. Q2- By the Referee: At least that you say?A. Yes, Sir. Q. Did Mr. Plott engaged you to do this workPA. Yes, Sir. Q. What instructions did he give as to how you should prowgeed? Objection. A. Mr. Plott told me hen I came here to do this work-- he had employed lir, Pirety , but Mr. Fireth-- I saw a letter from if. Pireth stating that he had work elsewhere to do, and he could not come up and @o this. ‘Some other fellow recommended me to Mr. Plott, and I game and did the work. Mr. Plott said to me, I want youto do this work-- don't rive me one thing, but if there ie anything in doubt be sure and allow plenty to the Countye- I just want that that is exclusively mine . Q@. He said in case of doubt to give the county benefit @f it? ee A. Yes,Sir. 2. Did you do that?A. Yes, Sir. Cro ss-Examination, By Mr. Caldwell. ae Why did you mot come here and make it known that you were to do this work? ~130= &. We 4id,Governor Turner and I came to the Cojmty Commissioners office, and he could not find any one, and ins few days arcain he and I came back, and we met Mr. Feimste:, and all of us went to Mr. Roach's office including myself. I tried to meet ‘fr. Roach. I wanted to meet him that was all. Q. Where are the fruits of your lsbors? Q. Where are your figures?4. They are in my grip. Q. Have you any objection to leaving them with us? A. No,Sir, I have not. Q. Didn't you break your instrument when you were here? A. No,Sir, I broke the cross hairs, and I, nor any other man could fix it. 2. I ask you if you did not so to Engincer Crawley ind ask hin, Saying that you did t kno hat wae wronr exactly, the same instrument thet you had been trying to use? A. I sent it off and borrowed the same one Mir. Roach used . Q@. I ask you if yo iid t zo alone with the broken instrument, and your wekk was not satisfactory to you, and you went to Lire Crawley to get his assistance to try to repair it?A. Yeo,S5ir. Q. And used it after it was repaired? A. tlo,Sir, I did not. We worked on the instrmment, sav the cross hairs were out of fix, and we could not 7! ( rose hairs, I t the screws up. I could not fix t or rSe 9. When 4id that instrument come here, Didi you bring it here? A. It was bourcht here, I was here. 2. Where did you buy it?A. I bought it from New Jersey. Q. That instrument you started to do the work with, how long did you work with it? A. I worked with it about three or four days; the screws be- tween the two cross hairs got tight. Q@. Do you know what mide this-= Was it not your lack of experience Te aa ea ae & -13l- Yas it lack of expemience-- your unfamiliarty with tools of that kind and handling of them? A. No,Sir, I think it was due to grit that cot in between the screws. I adjusted that myself, but when it eame to the cross hairs, I had to send it to the factory. Q. You say Mr. Plott said if there waewmeany favors to give them “we to Iredell County?a. Yes,Sir. He said to allow the County enough. 9 v Q. That is what you say you iidv?A. Yes,Sir. ). Where are you working n w?Ae Orking at Graham ,N.C. Re-Di re 3b e ay r 6 riere >. Mr. Derby the ins: rument which you were iing for two or three Weeks was 211 right?a. Yes,sir. ¥. When you broke the cros ir C imme liately ceased using it? . y Ae s, Sir. 2, Where did you get ne? 3 on foach used took the levels on the roads. i. I borrowed one ire ROach Used en he took the leve on th S - You did t use efectiv ne?a. y, o1Te , one that Ir. sede , r a ‘ } rn aT ° The Defendant aeke 7 follo ons: \, Working Zor Ir. ott? . Yes, Sire a Q How? ‘ Yet ,oviTo The Pleaintiff aske the followin; ° . . aA w > >, You used to work for the ounty on this road work’ A. Yes,5ir. The defendant offers paper writing signed by J.T. Plott, Marked Bxhibit #18. The Referee asked ior. Roach to furnish him the exact amount expend- pipe lines, which is as follows: ed for removine and relaying accel iit tte ee ~131- On the Cool Springs roed there was $28.00 expended in relayim pipes; on the Chipley "ord Road, there was $20.00 expended. The pleintiff offers in evidence -- two books and 14 sheets ‘ of Cross Section , Calculations and field notes of 4.7, Derby, Engineer, on the roads in question. +}, wi A s : ey } ; } 4% aoe Here the evidence is concluded on both sides. The followins are the Plaintiff's Witnesses; Joseph Pireth, Charlotte, N.C. 868 miles, 5 cents per mile- one day 4 Posniff. “e-C.E. Derby, Graham,N.Cc. 590 " " . ° . Two " wey r> Wek, Sloan, County Treasurer, y v .T. Plott ,Plaintirf? eff me —+Goorge Smith, 448 " " " " " T70 " Charlie Sherrill 156 " " . " - One . & pla if areiice Lippard i, " 8 . @ to * Walter Sherrill 144 " " " " " Two se The Following are the Defendant's Witnesses: JeA. Wyrick,GreenbBboro,!’.C. 156 " . ° . One ° Je5. Roach,County “Zngineer Robt McRorie, L.F. Scott 26 " To +" " " Two Nee Lewis, County Commissioner HiwA. Feimster, Chairman of Board DM. Hartsell Bob Gaither County Commiesioner. ORE o = +~aeee canna seein