Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-12-29
The Baltimore and Ohio Railroad
Company An the Criminal Court

The Baltimore and Ohio Railroad
. Company An the Criminal Court
CHARGE OF oBsTRUcTINe THE STREETS OF
WASHINGTON. 08 al
CRIMINAL CouRT, Judge FisAer.-Yestertiay,
after our report closed, the testimony for the
prosecution in the case Of the Baltimore AMI
Ohio railroad, charged with constructing the
public highways" was continued, as follows:
Jas. Campbell, sworD.-Witness was C0mnlis-
sioner OF the ward in which the depot il located
under Mayor Wallach. Witness advertised for
proposals ~ grade street; wrote to Mr.. Bliss for
the grades but Mr. b. replied that it was diisicu
to give the grades, because the railroad inter-
fered. The contract, however, was made, brrt
could not be executed owing TO the raiiro
This was in 1851. The railroad made most o. "a.
| streets imparsable, because it was impossible,
under present circumstances, to grade then.
James Crutckett sworn.-Witness was one of a. >
| committee appointed 10 secure the removal Of
the b. and o. Railroad depot to its present loca
| ton. Commodore Wilkes and VIM. Brent were
on the committee. The depot grounds at first
| were fenced in, and no part Of the streets were
| occupied. But during the war the Governmen mt
| needed more space; the streets were then occu-
| pied, and have since continued to be. The o.
struction to the street was now 50 great that
vehicle not connected with the road, could pass
| the streets for weeks at a time. Witness had
nearly been killed in crossing the track at one
| time, and in and streets the grade is entirely
in Second street, between and H, totally OBJ
structed.
Cross-examined Before the change of de-
pots there WAS but one track. There Is much
more business row than then. The city mad
grown and transportation business had vastly
increased.
W. b. Todd. sworn.-The railroad depot has
been at its present location about twenty Cr
twenty-five years. Since the war the railroad
has occur led much mere ground than it did
before. There is track which crosses New
Jersey avenue. Tie railroad uses nearly the
wiole of d street and North Capitol street.
These streets are 80 DISTRACTED as to be useless
a. PUBLIC streets: 1 street is so Distracted be-
| tween I'd and 9Th streets as to be incapable of
| improvement. Witness knows very little about
the obstruction of X street.
Mr.. Riddle asked if the obstruction of these
streets had not been greatly injurious and disas
| trous to the city generally. Mr.. Cox objected
| that the question was irrelevant. Mr.. Riddle
| claimed that the right of the city in the inn
| prove cement Of the private property was affected
| by this obstruction, and the government had a
right to show this injury. Mr.. Cox argued that
the stoppage Of citizens of free ingress on the
highways was the only thing which could be in
| CURED into in this case. The question was
dropped.
| Mr. E. J. Klopfer, sworn.-Witness was clerk
for various mayors tor q long time. There was
road Company i'm 1856. Witness thinks that I'm
| 1856 bill passed to grade street north to the
Executed tSat MSrS Si and nSsd is
1 and Ohio Railroad Company to conform to the
| grade. The railroad company neglected to do
so, the Mayor directed an officer Of the corpora
| ton to take the whole police force there--con-
ssting Of twenty men-and abate the nuisance.
This, however, was unnecessary, for the rail-
| road company altered the road to conform to
the grade.
William Forsythe, recalled:-Witness corrob-
| GRATED the statement of the preceding witness
| as to the transactions of the Baltimore and Ohio
railroad during the mayoralty Of Mr.. Magru-
der.
Cross-examined From the depot to the
boundary, the grade will be about twenty feet
| to the mile. Witness was desired to make exact
calculations of the grade and furnish them to-
day.
p. H. Donegan, recalled:-The steepest grade
in the city at square 909 which Is seven feet in
six hundred feet-equal to about sixty-one feet
C. III Bliss, sworn-witness testified that at
street, at one point, the difference between the
| grade of the road and the grade of the street
| was IL feet inches, the street being that dis
| lance above the railroad track. At the depot, ID
street ana several other streets were occupied
| by the railroad. The other witnesses had testi-
| fed correctly as to the manner in which the
| streets are DISTRACTED.
Cross-examined:-The railroad on the south
side of ID street was outside the building line on
| the sidewalk.
Mr.. Cook said that with the exception of some
city ordinances and maps the prosecution had
finished their testimony.
SECOND DAY.
The trial was resumed this morning.
Mr.. Andrew Gleason was called for the
pIOSeCut1Ons WITNESS mas IeSlOfu mere fOr ID
years, having come here shortly after present
depot was erected. 1t was then fenced in on C.,
ID and North Capitol streets. Witness has fire.
quentlv been stopped fifteen minutes by the
cars on the tracks. Has seen cars left on Della
ware avenue sometimes for half day. ID street
Is almost impossible while the cars are being
Sc ran fs t he y sx fss
the grade. At I'd street east IL or Is feet On
all the streets from and Delaware avenue to
Before the second track was laid vehicles could
be driven along the side, but it cannot be done
now.
Cross-examined:-There is no trouble i'm
crossing North Capitol street at ID, except when
the cars are there: Witness can 60 out North
Capitol street Witness graded E street where
the track is Is inches above the grade. X and
18th streets have been graded.
Redirect by Mr.. Cook:-East I'd street has
been graded to the road, as also 4th, X and
boundary. On North Capitol and d streets
there are 80 many tracks that they cannot be
used for travel. North Capitol street is used by
messengers from the Capitol to the Government
that street. Ifitwas not for the railroad North
Capitol street would be more generally used
Notwithstanding the hollow in it.
VIM Forsythe, recalled:-The present Grade of
the railroad is as follows: From the centre of II
street to I'd street east the rise is 106 feet Der
mile; to I'd, IS do; ID 70 Sd, g do; Sd to 4th,
to eth, 70 do; X to Boundary, 12s do; North
Capitol to Boundary, % do. The greatest incli-
nation is near 9Th stree. 1913 feet per mile.
| that section could be passed over by vehicles,
| except in one or two places. Between I'd and
Sd streets the road Is below the natural surface
| and in other parts 1t Ii above; and 1t neither
| conforms to the grades or natural surface
| BY Mr.. Buchanan:-COuld not a grade be
made mutually advantageous to the city and
| railroad company?
Witness asked II the question should be AM
| swered, and Mr.. Cook objected to the Question.
| The COurt-The question is whether the Cor
poratiOn cannot accommodate itself to the Obstruc
| ton.
The question was ruled out.
Mr.. p. H. Donegan, re-called.-Witness had
been requested to make q calculation as to the
inclination Of the track. The grade from
Boundary to 4th street east is 1884 feet per
mile, and from 4th to North Capitol street Is
1I.S3 feet, making the whole line 22.36 per mile
| The steepest grade is between 9th and Sth
streets, 60x feet per mile. The proper manner
to make the calculation Is from point to point.
as the imdulations occur, and he had found the
| road quite undulatmg. Some authorities Claim
that q grade Of 200 feet to the mile is not inn
practicable, and he did not think that grade of
60 feet to the mile would be a loss of power il
the cars were not loaded to their maximum. In
England the curves of railroads could not be
made with a less radius than half q mile but on
the Baltimore and Ohio road there were some
Of 316 feet radius.
Mayor Boscen observation-disclosures produced acts
OF Councils to grade and gravel X street. from
North Capitol to Boundary, to grade and gravel
| boundary street from HI street north to Rock
Creek. He also referred to the acts to grade