Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-12-02
The Point ofRocks (MetropoIitan) Railroad
Gake
FURTHER CONTINUANCE.

warrant issued by Justice Walter, charging
them with digging two bitches on First street
between h and VI, in violation OF law, was re-
sumed before Justice Walter In the Criminal
Court room Yesterday afternoon a few minutes
before four O'Clock. The arraigned parties
Were present: also. Lieut. Ecklof and squad
of police, together with Commissioner Crane
ana others interested tor the prosecution, who.
with the counsel on both sides, composed a
large crowd that nearly filled the courtroom
Nessrs Leach, Norris, Totten, and Miller APP
peared as counsel for the defence, and MessrS
Cook, rearce, Burgess, and Walker were
present for the prosecution. Messrs Cox and
Buchanan, counsel on the part Of the Balti-
more and OHIO Railroad Company, were also
III attendance buI took no part in toe proceed.
ings Mayor Bowen was sent for as a witness
and remained IN the courtroom during the
entire afternoon: but, as deyeloped in the pro.
-ceedngs, bis evidence was not admitted
Before proceeding in the case, Judge Leach
desired TO know who was on trial, and made
motion that the attorney for the CORPORATION
be required TO disclose under what statute the
law had been violated. The whole matter
was simply an accusation contained in an Aft +.
dayt sworn to by Mr.. Crane that one hundred
aud nifty men, whose names are unknown
were engaged in digging trenches of such a
depth on certain streets. There was no law
winch denomInates this as an offence against
me corporation, and the attorney knew it,
HIS Honor, the Justice, had no Jurisdiction IN
me case, unless 1t was an offence against the
>tat1tory law, and whatever mIy be the
offence against the common law we have only
mere To contend against the provisions OF the
statutory law
Mr.. Norris, also for defense, supported the
views Of Judge Leach, and asked that the case
b. dismissed. IL an offense had been committed.
as alleged, 1t was not proper TO hold the agent
and employees reS ponsible, but the Corporation
should seek redress from the Baltimore and
Ohio Railroad. The case was nothing more
than persecution of the men employed-a
myth, Pigment of the brain: for the warrant
charged no ofiense, and there was no point OF
law which could establish the precedent that
there was law on the subject. he claimed that
the charter granted the Baltimore aud OHIO
Railroad Company did not define any plrtcu-
lar street for the construction OF the road, and
denied also that the digging for the new track
had done any damage to the street; bat, on the
contrary, II had improved its condition. The
proceedings which had been Instituted, he
thought, were highly improper and harrassjug
10 set OF men who had no interest whatever
body.
Mr.. Cook. for the prosecution said that II the
counsel for the defense were there for the pur.
pose of implorng light, they would have 10
look out for another set OF attorneys
Mr.. Norris We'll employ You"
MIR. Cook.-"l cannot be employed on both
sides" He then proceeded 10 reply 10 the DO! Mt
of law urged oy Mr. N.rris IN defence OF his
appeal for dismissal of the case, ana said
that If II was acted on at all, it could only he
done as demurrer TO the Indictment Should
this be the design OF the opposing counsel to do
so, he wished 70 be informed of il, and then he
would know how 10 proceed.
MI Norrls.-"Proceed as you think proper"
Mr.. Cook.-s.WelI, we'll proceed by calling
our witnesses, and before We get through with
the case we won't leave a grease spot on YOU
He then read the affidavit Of Mr.. Crane upon
Nh!eh the warrant was obtained, aud quoted
from authorities of law. which he conte nded
admitted July the Legality of the Proceedings
of The prosecution and the terms of the IA
Wit. Having shown, therefore, as he conteni-
ed, that the warrant was a proper and suiici-
ent OLE the motion 10 dismiss could not be en-
tPrtained until a thorough examination in the
case was gone into. The statement of the d..
PENDANTS counsel that the agents of the BaIti-
more and Ohio railroad were not Responsible
for their work was, he thought, absurd and
presidents OF law Were cited to subs tantiate tha
position he assumed that the agents of a per-
son or persons, when violating law, could not
escape responsibility.
Mr.. Walker followed in support of tho n =, a,
size. The question, he said, was whether the
Baltimore and Ohio railroad company and
their agents had right TO come into Washing
ton and Dig up the streets OF the city without
fear of molestaiIon: whiCh he maintained thew
had not. They had no right 70 break the soil
OF street IN the city, and il they chose to do
so they must suffer the consequence
The discussion was continued at some length
on me point raised, when Judge Leach sked
the Court 10 decide hat charge vas specified
and whei her the same was sufficient TO hold
The defendants to answer.
Justice W alter replied that Mr. Cook had
stated IN his remarks what offenc, had ben
eomnittcd-to Wit. that the parts arrested
had violated law of the Corporation and were
arrested 10 answer the charge.
Mr.. Norris renewed his motion 10 q smiss
The warrant and argued al length IN support of
il.
Mr. Miller next addressed the e. lurt, aud was
proceeding at some length to establish the fact
that the case should be dis mis- ed, when he vas
interrupted by Messrs. Cook, Pearce, and
Walker, who earnestly c0ntended that his
(MiIler's) remarks were out OF order and thor
oUEhly iEpOtent of force. Mr.. Cook demanded
thar Mayor Bowen should he placed upon ne
witness stand. which was agreed TO; but when
Il was proposed by the counsel for toe PR. e
cution TO examine him As TO his knowleJga of
the boundaries of the Corporation, il was OBJ
IeC led TO by the counsel for the defence, WHO
Claimed that snCh evidence was inadmissih'a
while The original Charter OF The city, which
was accessible fully and Off ALLY ex planned
the entire limits of The city.
After considerable cross fring b4t waan The
counsel On this point, a recently Published
map OF the District was prod uced and placed
IL Mayor BOwen's hands, which he was about
examining an d explaining, when Judge L. tch
protested against it as OF no more value or re
liability in point OF law than a mere verbal
sta ement. Nothing but the charter he said.
could be valid IN court, and no judicial tribu-
nal would suffer the witness Mayor Bowen
10 proceed. An appeal was then mai 90 the
Justice for his decision in the matter, who IN
innate that II Was then too late 10 Drocepd fur-
Their in he natter, and he should reserve ms
JuG gment tIii another time.
Mr.. Leach SAID h hoped the Court would not
adJDuTn before dispo>ing OF the matter, ana 1t
was too hard 10 keep the poor laborers from
work 20 long.
Mr Cook replied that he had heard enough
OF this kind OF sympathy. The men We're bat
flesh and bone. And having violated the law
they should be held responsible for it.
Justice Walter then, at half. past six O'Clock,
sdjourned the case over till Thursday after
noon al O'Clock.
GEN. GEANT AND THE ST. ANDREWS So
CIETY.-Cen. Grant having been IN yited 10 al
~En h. 1at.r