Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-12-28
rHE BALTIMORE AND OHIO RAIL
Road COMPANY IN THE
CRIMINAL COURT.
Charge Of Obstrueting the Streets OF
Washington.
Testimony or Mayor Bowen and
Others.


To-day, in the Criminal Court, (Judge Fish
er, the case of the Baltimore and Ohio Railroad
Company, charged with obstructing the public
highways, was taken up; Messrs. w. A. Cook
and A. &. Riddle for the prosecution. and
Messrs. j. A. Buchanan and W. s. Cox for the
railroad company. The following jurors were
| sworn: Chas. Siousss, Henry o. johnson, John
t. Norris, James L. Kervand, Josiah Hitchcock,
y. Russell Barr, w. II. Barker, Leonard Bailey.
Chas. HUMPHREYS, A. G.. Simms, Theo T. Sam,
uels, and Thomas Gallagher.
HE hrst witness sworn was Mayor Bowen
VINO tssuhed, IN examining the grade map of the
city, that the track Of the road at Second street
east was 49, feet below the grade, at Third
street east liz, at Fourth inches do at Fifth
east feet y inches above, at Sixth feet ii x
DO, at Ninth 0 inches below, at Boundary 6x
feet below. On Delaware avenue the track is /
foot y inches above the grade at G street, I
foot inches at I, foot ~ inches below at
Mr. Bowen testified further that North Capi-
tol street Is generally obstructed with cars and
il is used as place for making up trains and
in consequence the street has not been i'm proved
and Is not used, all communication between the
capitol and the Government Printing Office be-
ing thereby cut OFF by that street. He had writ
ten letters to the President of the road asking
him to conform the bed OF the road to the grade
of the streets i'm regard to street and Boundary
street. The date of the first letter was a wear
ago last summer. MI. Garrett had not renlied
to the letters in regard to street, but came here
on the very day that the contractor for 1 street
reached the road.
Cross examination by Mr. Cox-Witness knew
nothing Of the grades except what he learned
from the Surveyor. This was the first time at
tempts had been made to grade those streets as
and q half ago to grade street.
Redirect by Mr.. COok,-The map showed the
regular established grade.
Mr.. y. H. Donegdn, sworn:-witnessi is the City
Witness fha fro.
from the depot to the Boundary and found that
IT did not conform to the grades of the streets
except at very few points, and not exactly
anywhere. He gave the grade of the track at
the street crossings, lin the main the same as
given by the MayOr.) The depot occupies nearly
the eMtire square, and on ID street, between
there are side tracks which are occupied by
freight cars, which obstruct ID street. The track
renders all the streets except G and H streets
and ith street east, which it crosses or in which
map are the result Of observations on the ground
Cross-examined by Mr.. COx.-If the road was
made to conform to the streets, or the streets to
conform to the road, the streets could be used
ID street was graded east Of the track about
twelve months since. HI street was graded a
long while ago; the track conforms nearly to the
grade Of that street. Those streets, without
being graded, were not hit for travel, although
light vehicles could be driven on them. There
Is bridge being built over the Tiber at North
Capitol and Il street. These streets could not
be complete thoroughfares unless the Tiber was
Redirect by Mr.. Cook:-The streets cannot be
graded unless the track is made to conform to
the grade.
VIM. Forsyth, sworn.-witness had made n
thorough examination Of the road in the csty
limits, at the request Of the Mayor, and had pre-
pared map, the levels being taken from the
base Of the Capitol a. the initial point. At
Boundary street, the top of the rail is feet n
inches below grade; at X, feet 10 inches above:
at 9Th, ~ feet above; at 9th, s feet above; at
fnA a ut A. fax.%f II Ill.
122 feet below; and the balance of the track is
about grade-Only inches above at street and
2 inches at + street. The streets i'm the neigh
borhood Of the Depot are impossible to cross in
consequence of the cars on the track. Witness
produced the original plans of the city, with the
signatures Of Washington and Adams and the
commissioners, dated tn March, 1894
Cross-examined:-There were no grades OF
that part Of the city established by the commits
sioners- Nathaniel King prescribed the grades in
l'S and 1874; General HUMPHREYS . or "A
years ago continued the grades, and i'm 1870 Mr.
Coyle prescribed the grades. In 1850 witness
prepared a book of all the grades which are the
present lawful grades. The rise per mile from
street east would be 81 feet. This wOuld be too
steep grade for railroad. The difficulty is
between street and the Boundary. The start
ing point is the top Of the base course Of the
Capitol - feet above high water. The map was
prepared last November. Second street east Is
the road Third street rs not open, but Fourth
is, the road not deviating from the grade Of that
street. Fifth street Is not open. n street is
graded, but is impossible because the track does
not conform to the grade. Boundary street is
graded, but not at the intersection.
BY Mr.. CoOk:-In 1881 and 1885 the grades
existing were those established by Nicholas
King for the elder parties of the city.
Mayor Bowen recalled:-Witness read the act
for grading and graveling 1 street north, from
LIST street east TO 9Th street east approx ed june
18th, 1861, and stated that the contract was
made, and the contractor entered ON the work,
and on the 18th of October, 1863, he addressed
Mr.. Garrett letter, calling his attention to the
necessity or changing the grade Of the road at
street. No notice was taken Of this letter, and
the contractor was directed to 90 Oh " it'll the
work, and was about to cover the road when
versation, but came TO no satisfactory arrange
ment. On that day or the day following the
injunction was served, and in consequence the
work was stopped. An order was given to pave
Second street east, and the contractor paved the
line until he reached the road The Mayor read
a letter from Mr.. Randolph, Chief Engineer Of
the road, TO Mr.. Crane. Of September 9th 1862
in which he states that the grade was established
in 1885, and the city should conform its grades
to the grade then gwen. He also read his letter
Of Of N o. en- sih issS calling Mr. Gs atten-
Cross-examined by Mr.. COx.-Witness does
not recOllect that Mr.. Randolph made propo-
sition for compromise, but recollects that they
said that the road could not be raised at Sixth
street. He stated that had reply been given
TO his letters that time would have been given
the road. He thought that Mr.. G.. had, in not
conte mptuOusly.
Mr.. Bowen asked to correct his testimony. 40
as to read that North Capitol street was OBJ
structed diagOnally.
MIR. Donegan recalled.-The grades Of the CITY
are those Of Mr.. King, and the grades of Mr
Coyle are those of Mr.. King extended. A track
can be brought in on the grades Of the streets by
several other routes east of the present track
He thought that the road could be brought i'm
on the grades, and Ii was not impracticable for
an increase Of power could be given. The WASH
ington, Georgetown and Alexandra road near
the Long Bridge had grade Of IL. x feet to the
mile. He did not think 81 feet to the mile inn
practicable.
oss-examned.-Witness thought the steep-
est grade of the track within the city il about "a.
feet to the mile, but he had not made an exami-
nation. By one Of the eastern routes the road
could come in by grade Of 90 feet to the mile
Mr.. Stephen Tally, sworn.-Witness had the
contract for grading and graveling L street, and
after working or days was stopped by an in
junction Of the Courts. ID, q, and II streets can
be used, but the others are Obstructed.
jacob H. Crossmoa sworn--Witness knows the
locality Of the depot; the streets i'm the neigh
borhOOd Of the depot cannot be used for other
than railroad purposes, ID street especially being
Obstructed by the track; and at one point there
are fourteen or more rails used for making M
trains, &c. Witness had passed over the track
at III street; ID street is much obstructed by the
trains, and when the trains come i'm, it is totally
obstructcd.
Mr.. n. G. Emery testified to the passenger de-
pot being formerly on the avenue near ID
street, and the freight depot in the rear and to
his having purchased the property in December,
1863.