Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1871-07-18
Important lawsuit.

lSopFcsP0uuenee Of tue Richmond Whtg.l
WINCHEsTER, July 4, 1S7l.-Tbe Circuit
court, Judge Turner presiding, has been in
session for the last three weeks. The great
case of the term is the suit of the Orange aud
Alexandria railroad company against the Win.
chester aud Potomac for the value of 1000
tons of rail taken from the Manassas road in
1864 by the military authorities Of the Fed
eral government and placed upon the track Of
the Winchester and Potomac road. After
the war, as learn from the evidence adduced
at the trial, the Government having no further
use for the road, made an order to transfer il
with the rest Of the roads of the State in their
possession, 70 the Board of Public Works, 70
be by them delivered to their legitimate own
ers. II is claimed by the counsel of the
Orange road, into which the Manassas has
been merged, that the BoatH of Public Works,
recognizing the justice Of their claim for the
iron, had appointed Edward q Marshall, Esq
thS then prsident of the Manassas road, their
agent to take charge of tho Winchester road,
with permission to take up and return the
rails to their native bed. Learning, at this
stage of the proceedings, the danger that
threatened them, the Winchester company
called TO their aid Mr.. john W Garrett,
whose influence with Secretary Staunton was
sufficient TO secure revocation of the order,
upOC the ground that, as the Winchester road
was partly in Jefferson county, W. Va, il
would be improper to deliver the road 10 the
Board of Public Works Of Virginia. The
defence claim that tho rails were a Legitimate
capture by the Federal authorities, aud hav-
ing been removed from the bed Of the Manas.
ses road, that company was Invested of any
Property in them and having aftcrward becn
attached to their freehold aud delivered over
10 them, it became ipSo facto their property.
The plaintiff, on the other hand, asserts that
the rails were taken only for temporary use,
and when abandoned they should be restored
to their original owners-at least equity would
require that the Orange and Manassas Conn
Pany he paid their value. In support of this
they assert that the government had no idea
OF Cnriching one rebel at the expense Of
another, aud expressly refused to determine
the right of property between the litigants,
but upon application Of the Winchester COM
Pnny for the deiiTeTy OF the road, and gusr>
antce OF title TO the rails, referred them &c
the courts OF the State to determine the equity
between them. This, as ! understood it. was
the real question ut issue. Or course mauy
wise legal questions were involved, such rs
the right ut coufsca,ion, etc The amount
involved [sOme one hundred and ifty thous.
and dOIiars) induced the employment of the
abest counsel. Judge ". J. Robinson, J
ltanunIph ] UcEer and Col George w. Brent
appeared for the Orange and Manassas com.
pany, whilst Il. Y. Conrad. Andrew Hunter.
Judge Parker and james H. Williams repre,
sen'od the defendant. Col. Brent opened Tor
the plaintiff in clear and able statement of
the case and cl"qucntly advocated the cause
of his client lie Was followed by Mr. vii.
!iams, who we'll sustained his reputation as a
lawyer of high order OF ability. Then fol-
lowed IN the same side Judge Parker in
close t"rcible argument. Kan. Tucker, with
his genial smile and mirth>prov0kiug humor,
came next. and made one of his best speeches;
Andrew Hunter aud Robert Y. Conrad, fol.
lowed Mr.. Tucker, Mr.. Conrad closing Tor the
defense. The amount involved. the interest
manifested by large audience, with the tai,
cmt arraycd ;nnst them, stimulated these old
veterans TO their best efforts, and we'll they
sustained their regulations. Judge Robinson
followed in an impressive, clear, logical aud
Profound argument. lie spoke Eve hours on
Monday. when, overcome with exhaustion, he
gave way and concluded his argument Ia, iny.
Tho judge has taken the case under advise.
nrcHt, aud will render his decision at the Fall
term.