There was on
both sides an array of eminent professional talent, Messrs. Pierce, Bell,
and Bellows appearing for the defendant, and Messrs. Atherton and Whipple
for the plaintiff. The case was one of almost unequalled interest to the
public generally, and to the inhabitants of the country lying around the
lower part of Lake Winnipiscogee. A company, commonly called the Lake
Company, had become the owners of many of the outlets of the streams
supplying the lake, and by means of their works at such places, and at
Union Bridge, a few miles below, were enabled to keep back the waters of
the lake, and to use them as occasion should require to supply the mills
at Lowell. The plaintiff alleged that the dam at Union Bridge had caused
the water to rise higher than was done by the dam that existed in the
year 1828, and that he was essentially injured thereby. The case had
been on trial nearly seven weeks. Evidence equivalent to the testimony
of one hundred and eighty witnesses had been laid before the jury. Upon
this immense mass of facts, involving a great number of issues, Mr.
Pierce was to meet his most formidable opponent in the state, Mr.
Atherton. In that gentleman are united many of the rarest qualifications
of an advocate.
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