, 1873-06-25
THE COURTS.
,onortaut Railway Decision BY
Judge Williams.
MA Tucker-Reief Society Case
Again on Trial.
inv Mrs. BIake's Lawyer Judiciously
Lost a Case.
,,ochanics' Lien Suit Against the
Couch Estate.

Mechanics Lien Suit Against the
Couch Estate.
rbs csse Of the Chicago, Danyi1lo d Vincennes
g,lroad Colnp7an; v. The City Of Chicago, in
.h;ch the complainant sought to obtain fur
.h.r Injunction restraining the city frcm tearing
- thei, trucks at the intersection of Carroll
m Curtis streets, is one of the most
;rnortant which has ever been tried between a
r,ixsy company and this city. The Court
,.ae resume of the proceedings already had
;,the case stating that number OF afidavits
t,d beeu filed By defendants to prove that tho
,rack had been laid in an improper manner, and
,h.t in consequence private property had been
5.m.red, hut said that, while the case made out
hr urope1ty-holders was strong one, he could
rot Zee how their wrongs could be itigated in
tho present suit. Although, in all probability,
.7er railroad entering the city had, equally with
complainant, caused damage to private properly,
ret this was the f1st case in which the city had
r7orured the a6idavits Of injured property
hoLders to sid it, and the Court referred to the
tsct that the streets on which complainant's
tracks we're laid we're not bJ any means as
opsded as those in many other similar cases
srefiously tired. The afidavits do not present
.defaase to the complainants right to onter the
ctr, il the granting Of such right was the joint
,sian Of the Legislature and Common Council
s1ch injury is 81 inevitable consequence of the
granting Of permission to & railroad to enter
The city, and it is difficult to understand
Ehy the injured property-holders should in this
ase bs allowed to avail themselves of the city's
lecal aid, any more than in the numerous other
amilsr suits. The real question was, whether
tie complainant's charter gave it right to cross
Carroll sod other streets in order to reach it's
depot grounds. The respective rights under the
eharter and tho ordinances were shown, and he
sid that the Board of Public Works had allowed
the truck to remain. No objection ia made in
the anidayits by tbs members Of the Board as to
The manner in which the track WIS laid at The
saeet crossings. They deny the conplainant'a
right to crogs the streets, and also their right to
1aepot and to the usual territorial facilities
granted other roads. All that they could right
in1y demand Was that the track at the crossings
shouM be properly constructed.
Tia track Was torn up with an anticipation Of
II application for an injunction, and no Lasty
nd improper conduct on the part OF complain
ant could Justify such action on the part Of the
city authorities. The courts were open, and
rights could be determined without resort to
brute force.
Tbs Court concluded as follows: "I think
this is case where tie defendants should be
restrained from tampering with the action Of
the complainant in 1olaylng lta track at Carroll
and Curtis streets, and from interfering with the
complainant in the use OF it's depot, IN accord
ance With the prayer Of the amended bill The
complainant will be ordered, before relaying it's
t11ck, to notify the Board Of Public Works OF the
time when 1heg ehau proceed to relay the same,
and ask fer their Instructions. If the Board
shall instruct the complainant how to proceed,
he said complainant shall follow such instruc-
tons. Of shall apply for further orders to this
Court before proceeding to relay said track"
. - "a TUCKER y. AVERY.
The case Of Tucker r. Avery, which was tried
Iatt January, excited considerable interest, ind
N which the jury failed to agree, came up for
tih before Judge Tree yesterday. The circum-
need reiteration. h1r. King, who appears for
pl2nth, made languid appeal to the Court to
postpone hearing of the case for few hours,
Il, in tho absence OF his partner, Judge Norton,
hs felt inadequate, with the ther-
monster at 80 in the shade, to tackle 80 huge .
sui: alone. The Judge, foreseeing that about
noon refreshing northerly gale would spring
uP decided that the case should proceed forth |
With upon which lengthy examination OF each |
juror followed. Each unfortunate WAS obliged |
to deliver brief autobiography, relating the |
W4lElp41 tfeuLb OI I4h Ill., HQE1 t1H1 QAA Cut
their eye-teeth, who their father was, how many |
Presidents their grandfathers had voted for. and |
anumber of other equally pertinent inquiries, !
u highly necessary to sound their capacity Of |
t!ing 60 important case. Three jurors were /
I*remptorily excused by Sidney Smith On the |
gound That they had no mouths on them, and
yea Of so somnolent nature that they would
TAU asleep under Truesdel bridge. Another
j27or p1eaded Deafness 10 test the extent of the
nan's misfortune, the Court asked him in /
so.ee pitched pu1posely in q low key, Do you
hest What am saying at present ?" and with
what you say, but can't understand it." Then
Eatd the Judge in q very low tone, you may
s." snd the way in which that deaf man under
sood tue utterauce was amazing. The Judge
q sa]sd, and so did the people in court, while
af s"att was so overcome with the apparent
aaalr, and famed himself into resuscitation
With John Lyle's fan. Thus Was the famous
esse q opened, to continue for, probably, seven or
Eight days.
sPREa1sa NINE ON THEM.
>, the attorneys for Mrs. Blake, in the suit Of
rtes unequivocal manner yesterday. Some
ssise months since Barnum Blake wss ordered
trsy Mrs. B. $50 month and s200 legal e1-
9sases, pending the trial Of her suit against
Inn for separate maintenance, which was set for
h:atmg On the 23d OF June. Considerable in
70 got ''that womsn and Thomson on the
stsnd when revelations, be hoped, might made
Affecting deeply the final result OF the original
aSotce nit. At the time Of the order tho 9200
M Fas psla aewn, and since then the $50 has been
ia psla monthly with undertaking regularity. Yes
sstusy, to the surprise Of all parties, and the
CONSERVATION Of Barnum B. and bis at
@tney, !1 4rs. B.'s attorney morod to dBniss the
a5 ~; 1or separate maintenance at her costs. The
uasnatlon [s1 Of the dured defendant and his law
l.. III easier imagined than described, and they
" ooa yow that that 1900 will be regained if there
nrsS:5, S5 Law enacted By which it can be accom-
~ INTERESTING MECHANICS LIEN SUIT. l.;
B,aos. 1ns Plumbing aud gas-itting firm Of =. l..
,ss;sa s.t Co. file petition in the Circuit Court
; 4asl 9s Geo: +. Work, and James and Caroline
= cor.S Loaca Trustees Of the Couch estate, Ira ,
Il. usa En- ad George B. johnson, H. H. Maggie and
tTas satnqwn " n Administrators or legal representa
a. a. y ~ !; High, deceased for mechanics lien
nh. S.o926l On the Commercial Hotel. Com
M o1ats aver that they contracted with defend
fttne ~ r. Work, to do the plumbing and gas 7