The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-01-10

construction Of any other high'Oay." If this
ground of objection were we'll taken, then
two companies chartered about the time of
the passage of this Act, the one the day
previous to, the other the next day after it,
wonid be differently affected by it; the one
would be entitled to its beneficial provisions.
the other not Surely the General Assembly
never intended to legislate thus partially for
the people whom they represent
In this stage of the case, respondents
were about proceeding to the examination
of their witnesses, (all present,) when it was
suggested by me, that instead of an oral
examination, the better course would be to
have it in writing, in form of affidavits
that then the entire testimony would be of
record, in the very words of each witness;
and If ever necessary hereafter to review the
case, such record of testimony could always
be found and referred to. and therefore
avoid the wrong which might result to the
one company or the other. by the failure of
human memory to state correctly hereafter
what tue oral testimony had been
This recommendation was approved of by
counsel and adopted; and upon re-assem-
following witnesses were read by counsel for
respondents and petitioners respectively,
to wit:
For Respondents:
HENRY Il. PEAKE, Gen. Sup't of their road.
>. %: MARLEY, their Agent Mt Augusta.
j. FL. BUCKHALTER, their Superintendent
or Road Master.
A. CARADEuX, Civil Eng. and Surveyor.
CHARLES MAHoN, Civil Eng. and Surveyor
For Petitioners:
COL VIM. JOHNSTON, President of their
Company.
GAIT JAS. o. MOORE. their Chief Engr.
IHos. G. WILLIAMSON, their Asst do. .
w. A. GIBBEs, Acting Assistant Engineer.
JOHN NJ. PENNINGTON, Contractor on same
road
JAS. STILLwELL, Contractor on same road.
GEORGE A. HALL, Superintendent of q
contract, same road.
JAMES G. GIBBEs, Civil Engineer.
JOHN l.. BRANCH, Civil Engineer.
Divers maps and profiles were produced,
exhibiting the depot lot, and also the coin-
try between Graniteville and Hamburg, es.
pecially indicating the road bed and right ol
way of the old company, and the interfe
| renee by the new company with their lands
and right of way, in the construction ot
their own road-bed These maps and pro
files were left with me, and will be by me
| filed, rs part of the testimony, in connec
tion with the afidavits aforesaid, in the
office G. the Clerk. Such maps and afIida
Wits constitute tho entire testimony in the
case.
1t will be preceived by reading the affi
davits that there are three distinct kinds nc
degrees of interference:
L. The one at Graniteville, upon anC
across the depot lot of ten acres, and or
which the depot buildings are situated.
2. Between Graniteyille and Hamburg q
for q miles over respondents right of way
and parallel with their track, fifty feet dis
tant from it; (2) for 2 miles, in like manner
commencing about three miles from Savan.
nah River and extending to Oh near tc
'Dead FALL"
3. At "Dead FALL" over land claimed b,
respondents as their right of way (althouei
distant more that 100 feet from their road
bed) near to the corporate limits of Ham.
burg. This land was obtained by them fol
the special purpose of supplying earth fol
their railroad uses, and where for convent
enoe of getting and loading such earth, they
have constructed "back out" Petitioners
road-bed lies between respondents track
and this, their aforesaid earth supply, pre-
venting them, as they insist, from any &C
cess to it; but petitioners say in reply tc
this, that although their road-bed is, al
that point, upon a little higher grade than
that of respondents, they will so construct
it as always to permit them, by slight ex
tension of their "back out" to cross theil
track, and get their needed supply of eartl
as heretofore, so that although somewhat
Inconvenience, they will never be hindered
thereby.
The testimony of the witnesses on botl
sides had reference to the three kinds and
degrees of interference above described
each witness thus discriminating and parti
cularly describing the kind and degree o
hlndrance, or no hindrance at each OF those
points of collision. The whole mass Of
afhdavits fourteen in ally possess this one
feature OF similarity: their apparently un-
shnkable belief in the facts stated by them
and in their opinions formed thereon, sand
in the cnnfilnnt and ,a,-a,,,.a,,.