Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-04-10
Church versus Railroad.

IN ISTEREsTISg LEGAL POINT.
Dossegss CicfHeG IF TIE Bol,is,ore end Po-onae
torsGn Church.
There assembled a. the 9Th street Presbyte-
nan chdrch tbth and 9 streets southwest this
morning the marshal of the District, with the
damages alleged 70 have been sustained to the
property of said church, by the running of
trains OF the Baltimore and Potomac railroad
near the premises. There were present. the
counsel for the church-Gen. y. A. Garfield
and General r. ID. Mussy-and the counsel for
the railroad company-Messrs. Daniel Clark
Mason Noble, pastor, and several prominent
members OF the congre CATION of the church,
and Messrs. +. l.. DuBarry and o. A Ste
vens, OF the railroad. The following are
THE JURORS
who were summoned: William Orme, Thomas
j. ). Perry, VIM. III. Harreyer, Jesse Ii. VIII
son, John H. Semmes, Elias f. White, james
l.. Barbour, Peter F. Bacon. BENJAMIN l.. Jack
son, Horatio Browning, VIM r. Riley, VIM. w.
Butt, John Purdy. George A. BOlrer, w. IL.
Morrison. Daniel B. Clark, G.. l.. Sheriff,
Reuben b. Clark. Chas. b. Church and Thos.
Parker. The marshal called the jury to order,
and presided.
The counsel spent few moments in consul
tation on the list. each side being entitled TO
strike on four of the jurors. The following
were excused Messrs. Orme, Semmes, White.
Bacon, Bohrer, X. b. Clark, Church, and Par
ker. and the others were sworn by the marshal
to answer such questions as may be put 10 them;
and having answered that they had no interest
with the PARTIES to the suit, they were sworn to
truly and imparttaliy assess damages, if any,
which may have been done TO the companants
the trustees of the church.
OBJECTIONS FILED.
PREVIOUS TO being sworn. the railroad filed
objections to proceeding under the warrant.
not warranted by law. Also, filed a general
objection to the form of oath administered.
GENERAL &UssEY OPENED THE CASE,
stating that the proceeding was to obtain an as
SeSSmelf DAMAGES sustained Nv laa oh
by reason of the location of the track in front OF
the church, by which they claim the edifice has
virtually been rendered useless. General VI.
read the acts of Congress affecting the railroad,
dwelling particularly on the clause that the
road "shall pay the owners of private property
along the line of 9th street, north of Virginia
avenue, any damage which may accrue by
reason OF the laying Ofthe track" He said that
they were also there to consider the apprecia-
ton or depreciation of the property.
Mr.. PHILLIPS FOR THE RAILROAD
followed, anil, while calling their attention to
the duties of juries, an engine passed along
with the bell ringing. There was smile on the
lace, OF the COUNSEL for the church, whereupon
Mr.. Phillips said he noticed tina: his christian
frieIds had raised window, that the bells
might be plainly heard Mr. Phillips argued
that the church had no right to the street, and
that the law was to be construed strictly. The
whole Of the act under which the proceeding is
instituted refers to grading They would con-
tend that the damages referred to by the act
were those from alteration of the grade.
The counsel admitted the acts of Incorporation
OF The church and of the company. and that the
fee simple OF the ground was purchased by MIR.
Mob e, and by him was conveyed TO the trus-
tees Of the church.
THE TESTIMONY.
w. o. b. Church was the first witness. His
estimate Of the value of this property prior to
the aging of the track was from $50 900 to
$1,000; would not give now over 5000. This
was objected to, and an exception was noted
Regarded the laying OF the track as having ire
para bly, injured the premises as church proper
" Itnt hn tr1a Ts.s. 4 =
worth 60 TO g. cents per foot. A church like
this would cost, to build, about So .Osl The
ground was worth as much per foot now as be
tore. There was about 5000 square feet in this
lot. The congregation has been endan.,crpd h,.
the inning of trains, and the SUNDAY school i
been has injUri0usy affected.
Gen. GARFIELD asked If witness was before the
rongfesSional committee, and II 50 what hr
hearu when the bill was pending?
Inc defendant Objected and Mr.. NuSSey
sarl MAJ .hey Proposed TO prove that before the
ooi.nil,'ee ar. Scott promised that
rs To PRIVATE PROPERTY WOULD BE
PAID FOR.
Mr.. Phillips said that If such an assertion
was made it was unauthorized.
Mr.. Garfield said that they had expected that
the other side would acknowledge such a
promise, that Scott had said that the company
had paid the full value OF a church in Pitts
burg and afterwards gave it to the congrega-
ton, and that they would do as we'll with this
church. But il they intended to hold them to
the strict letter of the law they would withdraw
the question.
Mr.. Phillips said that the church had now re-
sorted TO law.
Gen. Mussey said they had not taken this
proceeding until after repeated efforts had been
made TO obtain relief outside of law.
At this point the deed OF Noble to the trus-
tees OF the church was read.
THE PASTOR SWORN.
Rer. Mason Noble sworn:-WitneSs came here
IL years ago; took charge OF this church; the
corner stone OF which was laid June 1853
Having been ordered to sea in 1866, in order
that there might be no difficulty. he decided il
10 the trustees. Witness produced memorandum
books of his collections and expenditures, from
which he made a statement, showing that he
had raised SH.03l, his successor expended
- 0Si.l, and in the last two years about 81 800
had been expended, making the total cost now
80, 600. Witness bought the ground from Col.
W. IL. Phillip, paying 81 900, and Col. p. was
to give 81 600. Since the institution
Of the church there have been about 900 COM
municants, and at present there are about $50.
Since the track was laid they have felt that this
" las not their permanent home, and have been
relying on the promises of Mr.. Scott. This
destroyed as church property; the attendance
of the congregation and school has diminished,
Of the latter fully fifty per cent. 1t is not the
passage Of trains only, but they have their
down. As soon as this jury completes its labors
and does not give damages, the congregation is
dispersed, the church will be dissolved, and his
labors for twenty years will go for naught. He
had frequently had to cease in his sermon or
prayers, owing to the noise, and in warm
weather the church IL filled with smeke from
the passing engines and from those i'm the ward
on the opposite side of the street. This was
objected to.l He had come near being killed on
the road.
SIr. c. b. Pearson.-witness is member and
trustee of the church; also superintendent of
the Sabbath school. Think the laying OF the
track had injuriously affected the school. The
usual attendance has been about l00 since the
laying Of the track it has decreased to about 80
1t is the running 0ftrains which interrupts the
school. The church has not been offered for
sale by the congregation or the trustees. A
was made by Mr.. Noble TO Mr.
Scott to take the church and give the m another
location.
The case was still in progress when our re-
port closed.
ga California newspaper writer has been
hearing the 'frogs croak in the silent ether
blue"
@Judge Tappan, of Brooklyn. decided yes
terday that Mrs. Meyers, the witness in the