Evening star., 1869-12-30
The baltimore and Ohio Railroad
| Comm I'm the Criminal ConHf.

Company I'm the Criminal Court.
CHARGE OF oBsTRUcTIYG THE STREETS OF
WASHINGTON.
CRIMINAL COURT, Jmice Hsher.-Yesterday,
after o2f report closed, Mr.. Cox, in CO ncluding
the opeRtag for the defence, said it was remark
able that 1t the very time ground was broken
for a Few road, when the people were crying
out fer more railroads, the workmen on such
railroads were arrested and efforts were mad
to stop the work. Mr.. Cook taid thst ~
had nothing to do with this ir.dictme- NJ
Cox replied that il was all Fart OF coe svstarn
Mr.. Riddle iHquired on WI at authority M. Cox
stated that the railroad company had offered 10
compromise. Mr.. Cox said that If it was mate
rial they would proTe it. Mr.. Cook replied that
the statement was untrue.
Mr.. George Holmes sworn for defence:-witness
lives at the corner of New Jersey avenue and +
street; the company always removed the cars
out OF Id street, except when the trains were
just come in or about to start. North Capitol
street Is not passable beyond ID street, because
there is bank on North Capitol street, north Of
ID street.
Cross-examined:-witnes is a dealer in pro-
duce. and does not think that either ID street or
North Capitol street is obstructed. Witness
was summoned for the Government, but was not
called.
James III. Wise sworn:-witness testified that
the commons on North Capitol street, beyond
ID, descend abruptly seven or eight feet, and
would not be passable even If the railroad track
was not there.
Cross-examined:-witnes does not think car
riages ever passed there; North Capitol street,
after passing the railroad, ran or feet on an
inclination; he might, however, drive down such
an inclination il he had no other road.
Mr.. g. q. k0onz sworn Witness is the agent
Of the Baltimore and Ohio railroad at Washing
ton since 1862; the trains were made up on the
sidings on Delaware avenue, beyond North Can
itol street; they are then backed into the depot.
where they receive passengers. After train
has discharged its passengers, the cars are i'm
mediately pulled up to the siding beyond North
Capitol street; while the cars are waiting to go
out the engine is always detached, and stands at
sufficient distance from the cars to allow one
or two wagons to pass up the street; this is a
general order; the freight cars are ranged on
the siding on ID street; the moment a train
stops across a street the cars are uncoupled,
and space left for the wagons to pass along
the street.
Mr.. Cox asked whether the witness knew of
any agreement with Mayor Wallach by which
the siding on ID street was allowed. Mr.. Cook
objected. The Mayor had no power to make
such agreement. and it would be as well to
prove the consent of the ChOctaw Indian. The
Court thought the question inadmissible. Even
highway.
Mr.. James Rdndolph sworn:-witness is chief
engineer OF the Baltimore and Ohio Railroad.
The highest grade which can be worked is III
feet to the.mile. This grade occurs at the foot
OF the Alleghany mOuntains-PiedmOnt to Alta
mont. The highest grade in this city is 40 feet
to the mile; The highest grade that could be
worked with safety in this city was 81 feet to the
mile. If there was heavy grade in the city,
and the brakes on the incoming train get out OF
order. the cars would dash through the depot
out on New Jersey avenue. The only way in
which the heavy grade at Maryland avenue was
overcome was by running one half the burden
train at full speed across the Long Bridge: and
then, after getting it on the hill, going back
tor the other half and bringing that over at
full speed.
Mr.. Cox here asked the witness if he remem-
bered conversation with Mayor Bowen about
compromise. Mr.. Riddle objected. Mr.. Cox
said that the statement that a compromise was
offered had been denounced as untrue, and now
objection was made to proving the statement.
The Court sustained the objection.
Cross-examined:-Mr. Cook wished to know
whether it was possible to construct a railroad
on the grades of the city. The witness said
rail could be constructed upon a perpendicular
line. Mr.. Cook-Well, let's see you construct
line on this, (holding his pencil perpendicu-
larly.) Mr.. RandOlph.-That is rifiing. Mr..
Cook.-No, sir. The answer is trifiing. Mr.. r.
said railroad can cOnfOrD to any grade, but
the question was whether it would be safe or
practicable; still it can be accomplished; but we
have no engines that would pull train over
such grade as perhaps is demanded in the
city; steep grades can be conquered by dividing
trains, aud only taking few cars at a time; it
is done in similar way in Baltimore; the high
est grade required in this city would be 10i feet.
THIRD DAY.
This morning the case was resumed, and Dir.
Cox referred to the indictment, in which there
are seven counts. The first, second, and third,
for Obstructing 1 street, by digging below the
grade or natural surface the fourth for 0bstruct-
ing New Jersey avenue the fifth for obstr ucting
9TH street east; the sixth, Delaware avenue, be-
tween and Z streets; the 9TH, for unlawfully
constructing depot and tracks in G and ID
north, and North Capitol street and New Jer-
struct travel, and offered prayers for instruc-
Fist 1Ilar Gpon the wncrc cy,r,r,,e, pro-,
and the admissions made on the part OF the
United States, the Baltimore and Ohio Rail
road, both as to its present location and grad
uation, from the boundary of the city Of Wash
ington into the depot on square 60, is author
lied by the several acts OF Assembly of Mary
land, acts Of Congress, and acts and resolutions
and agreements of the corporation of Wash
nuisance; and the jury are instructed to render
verdict of acquittal upon the first, second,
third, fifth and sixth counts, and so much of the
seventh as relates to the depot and the tracks
entering the same and crossing North Capitol
street and its intersection with ID street.
Second. That upon the whole evidence, the
jury should render a verdict OF acquittal upon
so much OF the seventh count as relates 10 the
tracks, sidings and rails leading on and over ID
street, and the placing and keeping on and over
said tracks and sidings OF sundry cars, steam
engines, carriages, trucks and wagons.
Third. That there is no competent evidence
before the jury to sustain the fourth count, or
so much Of the seventh count as relates to ID
street.
Fourth. That the jury should render a YER
dict of acquittal upon so much Of the seventh
count as relates to the placing and keeping of
cars, engines, trucks, coaches and wagons on the
tracks OF said road on North Capitol street and
its intersection with ID street, so as to Obstruct
and stop up the same, unless the jury are salts
fled that said cars. engines, &c, have been al
lowed to remain Immediately on said street. and
said obstruction was not the temporary and un-
avodable obstruction caused by arriving and
departing trains.
Mr.. Cook said they would give up the charge
in the indictment as to street and New Jersey
avenue.
Mr.. Cox proceeded to read from the acts of
Congress giving the company the right OF way
in the District, of May 2d, 1881, stating that in
the case before the Equity Court it was shown
that the company had the right to traverse the
streets. supplemental act was passed, March
Sd, 1885, i'll which power is given to run the
track through squares 909 SSS, SIS, S52, 908, ST.
s56, So s31 S0 TIC, 75f, and u.s. but that ii shall
not pass beyond square 71S until the route to the
termination is surveyed and agreed to by the
Corporation of Washington. Beyond the inter-
section OF II street and Delaware avenue the
company derives its authority from Congress-
and the squares named are now trayersed by the
road. MIR. Cox read the act OF the Corporation
giving assent to the route surveyed below ii
street and Delaware avenue, with the prOfiies i'm
which are prOvisOs that the expense of making
the grade Of North Capitol street and % street
east conform to the grade Of the road shall be
made by the company.
MIR. Cox read the act of the Corporation look
ing to the removal of the depot from Pennsyl-
vana avenue to its present location, dated Nav
31st, 1850. He claimed that the co mpany, by
authority of Congress, and with the assent OF
the corporation, had located their road. After