The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-12


Before the Hon. Judge Ira Harris, without Jury
THE BKOADwAY RAILROAD Dash.
OCT n.-,John MaAoa and .thers Us Janc Snarp and
his honor Judge Harris having Albany specially
Hilton associated stated the way in which the case
stands He read the complaint the making of the grant
by the corporation the injunction issued against the
Common Council, the final argument in the Court Of
Appeals and the proceedings against the grantees An
injunction granted by Judge Roosevelt and Judge
Mitchell refused to hear it, 1t came before Judges Strong
and Norris Most of the questions in the present had
been decided by the Court of General Term and was
for Judge Harris to say how far these decisions would
William A. seey, counsellor at law examined by Mr.
j. Van Buren, deposed that he is acquainted with Mr.
Mlhau knows him to be the of lot in Broadway
for twenty one years; witness here in 1892 and
broadway has always been that kind of thorough
fare that now is O. And what would be the effect of
the construction of line Of railroad in such thorough
fsrey
Mr. Field objected to the question Admitted for after
consideration.
Any impression, although in favor of railroads, is
that railway in Broadway, below Bond street. would be
uncomfortable think because the plan of tine CITY il
peculiar and below the Park it would be unendurabe
because railroad is imperative in its course and would
interrupt passage at each side of the track by creating
stoppage To put an imperative position in Broadway II
would make it impossible to pass if inch WAS wanted,
bee the can't give way The Bowery cars stop
at the Parl the westerly side of Broad way Church
street stops at Fulton AMI West Broadway same
at Barely street Broadway may be called the back
bone of the city. have heard ii advised to stop both
railroad cars and omnibuses at the Park Nassau William
and Pearl streets are narrow As to the effect business
but building would be nterfered with.
Q.-How il it as to unloading cartsS
A-hat could be be done by the cart stopping perpsn-
oicularly think the railroad would be une ndurabe
because it would bring everything to a stand.
Crossexamined by Mr.. Fied--Broadway, when hrst
knew it in 1892 extended in line of houses the hos
pita from that it road up to where it forked into
the Bowery Broadway is very much crowded. have
dangerously crowded don't know that have an idea
how many railway cars would do the business of the
nibusset would be conven' dosbt to get rid
OF the omnibtses but then there other vehicles it
would be great relief to get rid OF the omnbuses.
Q.When tell you tina, there 527 passing up AID
down Broadway every hour and that sixty railroad
would do the business do you not think would be
an improvement
A.-Iess vehicles would doubtless be very great relief
Q.-Wmld it not be great relief instead Of l054
horses which it requires to draw the SGT omnbuses to
employ only 122 for the carss
A.-Ihat is self evident; it would be an Improvement
on the present Russ pavement
John Hone first clerk in the Receiver of Taxes Office
it amounted to 1908 real estate; lot in Broadway
between Cortandt and Dey Streets in 4S he paid 1926 49,
in $780, s273 in 1851 It was $3.50 ~ all real estate in
'62 1t was S52S "a; in 1853 it S764 The tax paid
by Peter Gilsey, Of the other plaintiffs in 1850 was
$49S 60 real estate; in 81 it 1881 go Solomon
Hart other plaintiffs paid in 1880 s2.S 50 taxes real
estate in 1858 they paid 81 $50 OIL The taxes levied
the city for the present year five millions and sixty
seven thousand dollars
Samuel Clifford, Jr., examined by Mr.. Van Buren, de-
posed am in my eightieth year; QaughtsrD am
quainted with Broadway since moved into the city in
1888, after the Revolutionary war; it occupied
street up to Art street at that time Art street
is now called Aston place; Broadway built up far
Vesey street. where now Getty Hal) was open
fields.
To Mr.. Feld-Canal street was then field and water;
James Iawrie civil engineer for twenty years deposed
that his attention called to the proposed railroad in
Broadway Q.-What would be the effect the Russ
pavement Of constructing the roaR Al presume the
Russ pavement should be taken up; the concrete would
be disturbed removed to lay railroad any plan
that acquainted with believe that the effect of the
railroad would be to render Broadway impossible while
the tracks were being laid down. in my estimation it
Russ would have to be removed for the track
which would leave but twelve PAGES at either side one
of the would be required for the materials the
other would be insufficient to carriages the avenues
where the space is greater they occupy six feet;
carts and hotel coaches occupy about feet hacks
about six feet the effect liable to be produced when the
concrete removed would be- est and would
get under the pavement and heave up ordinary CARTS
Including the horse l6 feet inches to II feet when
backed to the curb stone they occupy IL to Is fee
two horses could not draw railroad with eighty
sengers the ascent from Canal to Leonard street. it
would require at least four horses railroad be
constructed to be of practical use with grooves
inch wide ordinarily the grooves made and
half to three nches the thickness of the anges of the
sixth and Eighth one inch and quarter
the inner side of the rail the Eighth some
what lower than the outer to facilitate the carriage turn
ing out Of the track Q.-What in your Judgment would
be the effect Of this road built in the mode proposed?
My opinion that tho railroad would be nuisance
and an impeachment to the free of the street. o.
What woud be its effect the property and business
each side Of the street. Alt would drive carriages
and be detrimental to it in essential degree made
estimate of the cost of constructing this road the rail
road five miles in length estimated to cost $3.50
the structure independent Of equipments; that Is laying
the rails and rails superintendent &C.; the
equipments estimated the town depot for storage Of
the $500 e00 for forty sixty passenger cars
making total COST exclusive of horses $77O 000 The
annual expenses estimated atSalaries SOS OO0 repairs
and renewals Of railroad tracks, &c. $27 500; re.
pairs and renewals Of depot building 81 900; re-
pairs and renewals of cars, $44, 900; oil for
lamps and depot, $7,70e; one hundred and twenty
six conductors at $3.50 per annum, $9l, $50; one
hundred and fifty workmen s67, 50O-then estimate
the annual Of ground floor for storage the
Bowling Green at So 900 each lot $50 000 hauage
the at twenty miles per day, $57S,525 Office
s9920 annual receipts 76 Oo2 passengers daily at
five eaeh would be 81 1888 $40; deducting the ex
penses $9ls POS would leave profit Of 1860 Ala and de-
Quoting per cent the capital would leave $4
net profit being interest at six cent 80 926 223 II
two horses could draw the GO passenger II would
this estimate 1921 AGO. if it could be think 1t
would fully worth to the grantees the have esti
mated it
Cross examined by Mr.. Field examined in the
trial Of this in June last have not been
half the time in this city since have not received
compensation consider entitled to professional
vices did not know of plan which the railroad could
be constructed without removing the Russ pavement.
The cross examination continued for some time.
The stands adjourned and will in all likelihood
eupy the Court for several days.
Treasury Circular.
General nsru ctions No ITO Collectors and other
Officers of the Customs, concerning allowance for Dis