The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-25

responses, to other calls, were made by Commissxy
Lockwood, Of Western New York; Capt. snow, Of the
Boston Fu,lesTs which corp' were toasted and Dr.
Mrs darlington e. F. shsbesr Of the Pos ' was read
Tbs hall was soon vacated, and the New York City
land and City Guards to their quarters at Union Hail.
the banes playing constantly as they passed up Wash
air Of the midsummer night resound with the farewell
echoes Of their martial strains and the bells Of the
mingled with the iaat drum beat and left the spirit Of
silence and rest to reign undsturbed In the quiet
streets.
Opposition to tho Constr uctlsn or the Ninth
Avenue Railroad.
SUPREME COURT SPECIAL TERM.
Before Hon. Judge Cowles.
JAN. a. etmore and Others vs. Story and
Ofhers.--Ed ward Boyle's examination contiuu 3d.
It was not his duty to take any notice Of the mate
rails on the ground; it was to examine them after
they were put in, to see IL they were detective;
Street Commissioner Furry gave him no further di.
recttons than to 90 With Mr.. Charlick and he would
tell him what to do nevsr his written ap point
meat until Yesterday, and never saw the grant of
the Common Council.
Charles G. Resahel proved the wild h Of Gree awich
and Washington streets from measurement
James A. Craig laid the Ninth avenue rail ira k;
commenced on Friday afternoon, March 81, and
completed 1t for two blocks before Tuesday, April
4, and dug out the street ready for the imbers
nearly to Forty.eghth street, the two blocks ex.
tended below from Fifty first street; continued the
road steadily, with few Interruptions, to Tair.
ntpth street; did not contract tor 1t; WAS FIRST en-
pIoyed the came day ne went to work; had thirty
OF forty men with him; vas empl yed BY Oliver
Charlick; nothing was eaid about price or wages
until! latter part Of April or LIST May; rhess two
BLOCKS were nearly all paved by Monday night;
pfete1 about two miles; would take about four
months OF ordinary working to do this much OF
work; fnis.ed down to rhirteenth street last No
vember.
Cornelius Voorhees,, starter Of cars on the Eighth
Avenue Rsilroad-knows Victim, re's premises on
Washington street; he has abort ssventy-fvs feet
on vesey street; has seen iron pilet up theirs.
John J. Hollister,,Owns and keeps the Battery
Wich streets; acquainted wish these streets eighteen
years; goes through them every day; between
Liberty and Jay streets there some good stores
occupy stores there turn out ON the sidewalks eyery
thing they keep inside, and leave them there 10
show and for sale; this Is SO oil along the market,
for passers-by; some have wooden sheds over The
walks; butchers back up their carts there and feed
their horses in them; has the street in front of
Wetnose,s store, on Washington street, filled with
carts and wagons standing still; never sa Y him
take In goods there; he uses the side on Vesey
street.; counted, the other day, fourteen carts In
front Of Stuarts waiting; has seen 200 to 800 hogs
have large door on Rsade street, wide enough FOR
cart; drove carriage few months ago; never
found any inconvenience driving across the rail-
road tracks; the streets where The railroads are,
are generally in q bstter condition than those
that bave no railroads; carts select the tracks
to drive on In five cases out Of six; has often
stood three hours Watching the carts do
this IN the Third ayenue. Thinks railroad through
Greenwich and Was hngton streets would accom-
modate the public at large, ard increase the value
OF property there-judge so because the property
ct the lower end OF the Sixth and Eighth avenue
ylNaoA Dr. Do I>H~-
roads we're built There are stores like those in
these streets In other parts of the city. They OK.
poee their goods on the side walk in the same way
az here. Is party to the Broadway railroad grant.
be great benefit.
Benjamin 4. Fairchild, gro 'er in Ninth avenue,
was formerly csrtman-Tninks this railroad would
be an advantage to the public and to business. The
rcumbarces in these streets are carts standing
employed. This has existed as long as he can re-
collect does not think the railroad would affect
the property opposite Washington market-knows
OF no inconvenience produced BY railroads on Carts
Don Alopzo Cushman resided here forty five years;
owns considerable real estate; owns south west COR
ner o. Washington and Cedar s.reets-railroad
would benefit bis property and accommodate the
public because 1t gives certainty aud regularity of
conveysnce. Does not think IL would injurousy
affect property on Greenwich ard Washington
streets. Has several lots ct the terminus of the
road-ssy 80 or 90 lots-has none fronting on Green
witch or Washington street-judges from the working
OF the railroads in Chatham street, that this road
would have beneficial effect on Greenwich aud
Washington streets. Cannot say they have en-
banced the value Of property on Chatham street;
have on Hudson street. The business done on these
streets, and on the Sixth and Eighth avenues, is
nothing like that done on Greenwich and Washing.
ton streets.
John N. Shatp.-Iiyes at Clio Ninth avenue; re.
collects the condition OF this railroad on Saturday
previous to April 81 it was all laid and paved from
Fifty first street. to about Fftieth street; by Mon.
day evening the Cross timbers and sleepers were
down to near the front Of his housee, between
Forty eighth and Forty.ninth streets. His atten.
ton was called 70 Il on this Sunday. because he
out and saw fifty or sixty people there number
Ct them he knew; has forgotten their names; they
stopped in ffont OF his house, because they had to
excavste rock which projected there, which took
Oliver ChsriicH.-Lived here twenty years; was
Alderman Of the First ward three years; scquaint
cd with these streets; employed Mr.. Craig 20 con-
Commissioner to appoint an engineer; this permits.
sion asd appointment were given to me the day
they bear date; about the fore part of March col
on Fey about the middle ., March for
permission; called on the 28th or 27th; he
faid I might begin and get all the
necessary grades, &C., and when l was ready
2sth gave directions to have some stuff taken TO
Fifty-frst street; commenced Immediately, and BY
the 30th had sufficient material on the ground to
Q; mmence; cannH be positive as to anything being
done before this in preparing the ground; did not
commerce earlier, because Of the frost in the
ground; by Monday night, April 8, there were be-
tween 3l6 to $40 feet completely done; the ground
bad been opened and trenches dug for above GOO
feet aogetner; about so to 60 feet Of this had then
been bi,ck stoned; on April 4th, there was enough
material on the ground, and on the block between
Forty ninth and Fif.ieth streets, TO lay five blocks.
Counsel for defendants here put In evidence the
city ordinances of 1845.
David 7. Valentine Has been connected with
CITY government since 1881; streets hare are used
his recollection.
discussion here arose as to admissibilitv Of oral
testimony, to show that the Common Council. firm,
the vear 1722 have he ordiu n~ea avsrcia.S 49,