Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-12-06

1
| Mr.. Psugh. from the telsct committee co ne
esnal. reported bali tor me improvement of
the canal on Severson's plan, providing for
| narrowing u TO ninety feet and turning Rock
Crrtk into II, the outrt W b- At the Navy ard;
proposing TO suthorixe the Ma, OF 10 borrow
sS,iu for The purpose. Auer Mr.. Peush he'd
| saPlain~d iis preNisious, n was ordered 20 b
1 next
| Aldermrn's substitute for resolu utIon In rcIa-
uoh 20 ras was passed. as also biIl Authorsiug
| an soolnonal primary school IN the THIRD Dls-
4 STREETS.
relation TO fast riding was concurred m.
| number OF Aldermens bills were referred
! Mr.. Ferguson called up AIdermeu's hlu in
| crtasinE the pay Of the Messenger 70 ths
Adjourned
THE SrrAn QuKsrIoS-Yesterday ar,.r-
| noon, Justice Walter had before him Jshu
| Shuttle, Robert Kinzeman, James Doyle, I. J.
| Gilhtrt II. X. Peytonton, and X. n. Smith, the
parties arrested last week by Oncers Peirce
and O'Csllahan, on a warrant issued by Jos-
tice Walter, the information having been given
10y Onicer Pierce, as the persons in charge OF
the train OF the Washington and Alexandra
Railroad Company, charged with running
such train with steam power daily through
the streets and avenues Of the city Of w Washing-
ton, thereby endan gCring the lives Of the public
contrary 10 law. The prosecution was repre-
s'nted by Joseph II. Bradley, Jr., and the de-
frnse by Messrs. A. G.. Riddle, Gen. II. ii.
| MIR. Bradley, in opening the case, said IL was
proposed 10 ascertain whether under the sec
ond section of the act of July 9th, Iso2, amend
ing the act creating the Metropolitan Police
an ofense was committed within the meaning
| Of the act. Mr.. Bradley also read the proceed
| infs and orders of the Board of Police In the
premises, which were admitted as evidence.
| lie said that the company had violated the
| law, and il was the duty Of the police 70 see
| that such was not done
Mr.. Riddle said that there was no law of
Congress to prevent the trains from running
| over the road, and Mr.. Webb quoted the ae, OF
| Congress Of March 3, 1853, authorizing the
Washington and Alexandria road across the
Long Bridge and along Maryland avenue, let
| street and Indiana avenue 20 the depot on
which they could run cars by steam with the
consent Of Congress and the Corporate su-
| thorties.
The warrant charged the Washington and
Alexandria train, when ii should be the Orange
and Alexandra train on the Washington and
Alexandria road. If the warrant simply
charged that steam was propelling cars through
| tie city il would be admitted, but they pro-
posed 10 prove that the trains were run care
lessly, they had witnesses to meet such asser-
tons.
John r. EIvans was first sworn, and testi-
fed that he lived on Maryland avenue, ION the
line of the road that for the past three or four
weeks the trains had run exceedingly slow,
but previously he bad seen them he thought
moving at the rate OF 25 miles per hour.
The defense here stated that the @ government
| held possession Of the road until the first part
Of October. and that the testimony ought TO be
| hs 10 Nudl mas ldhtu pldCt since
| Mr.. Elyans resumed, and said that mp 70
about the time OF the accident (Nov. 16th) he
had seen trains running at a dangerous rate Of
speed-f1fteen or perhaps twenty miles per
| hour-crossIng 7th street at thai rate, 70 the
detriment of passengers. At the time Of the
date of the warrant Dec. I'd, the trains have
run slowly.
| Onicer Pierce testified as to the arrest OF the
| parties. On cross-eXamination, officer Pierce
stated that since the accident the trains have
run faster than a man can walk, for four miles
| lOur. hut mnch slower than " yiOnely.
and now they send man ahead with a light,
while the bell rings.
DIR. Charles Allen testified that since the 18Th
| of November he has seen the trains run At q
high rate OF speed. Five weeks ago Sunday
his horse got frightened at a train, and came
near running of and smashing his buggy.
Witness had had two buggies broken up by his
horse being frightened by the cars During the
last ten days the trains have run slower than
usual.
DR.. Richard Z. Croggon testified that during
| two weeks past the trains have run slower than
| formerly-faster near the bridge. The bell lie
not always rung. About ten days ago, at night,
witness saw the train with no light on it,
Mir. Bradley stated that he would rest the
| case, contending that the law meant that in
| the case of any business presented in such
| manner as to prejudice public safety, the JUS
tice should take such steps as to prevent the
repetition.
| Dr Hammond lin charge of the freightine
| depot Of Adams x Co.'S Express) was called
for the defense, and testified that present be-
| fore the trains a man walks with a nag or
|
| dent. The bell is now rung, whistle blown,
| and a man signals with white light in one
hand and red in the other. Witness saw the
| traln ON the morning OF the accident and
| thinks that there was a light on it, and that it
was running slowly at the time, for the first
car had barely cleared the wreck, NOT more
| than three or four miles per hour Witness
does not know anything Of the running on
Maryland avenue.
NJ, H. Grouse testified that he lived near. let
street, and has noticed that the cars running on
n very slow rate OF speed, not faster than a
man can walk, and had seen passengers get on
and of on the avenue. WitRess alw ays seen
on night trains a light on front car, an before
the accident had seen man walking in front
of the train.
George NJ. Kraft photographer, Penn,yIva-
MA avenue, near 1st street) testified that he has
not noticed the rains for five weeks, but be-
fore that had noticed that they came in slow,
not more than four miles an hour.
George w. Palmer Pennsylvania avenue,
ne ar lst street) testified that the cars always
came in slowly, ringing the bell and blowing
the whistle, and when they went out q man
went before the train with lamp or flag
J. J. Smith, a conductor on the road, testified
that the trains run four miles per hour in the
city, and about six when near the bridge. Wit
ness never utes a light, but looks out for
wagons, &c-, in person.
s. Eean testified that they run about four
accident witness noticed that they sent a man
ahead with flag.
VIM. McCullocb, dairyman. testified that he
generally saw the trains cross the avenue, and
sour. Witness saw the smash-up; saw the
steam car, but did not see the passenger car
until IL was about crossing the track, and then
the oriyer whipped mp his horses.
Dr. Baum Capitol Hill) testified that he is
on the street cars about ten minutes per day,
and has frequently noticed that the steam cars
run slow on Maryland avenue and lst street,
while before they ran much faster than now.
Always heard the bell ringing, and has seen
people get on and of the train on Maryland
avenue, well as on LIST street. He had
noticed some very careless acts by the drivers,
and few days before the accident referred 70
there would have been an accident had not the
train been stopped.
The defense stated that they had three OF
four Witnesses who were not present and would
like 10 have the case postponed. They had
thought the charge was using steam, but the
evidence had been introo uced 70 show careless
ness and neglect, and they would have to meet
this If this action was for the purpose of re-
stricting the running of trains they were will
ling il should be done and would agree that the
trains should not run more than three miles
per hour, but they denied the power OF the
prosecution to prevent them using steam.
Mr.. Bradley said that any nuisance On the
road in question should be removed.
The fnrther Of ha vrs