The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-29
The Fight Against the Gilbert
Elevated Railroad.
FURTHER ARGUMENTS on OPPOSING COUNSEL
The Sixth Avenue Railroad Only Clamorng
for Its Chartered Rights.
\ HOMICIDE'S ACQUITTAL.
Verdict That Recorder Hackett
Did Not Approve.

That peculiar prediction Of the profession the dis
position to indulge in long drawn out arguments, IS
having extended to IL evidently the broadest OF
freedom In the winding VI the legal controversy bo
tween the Sixth Avenue Railroad Company and the
Gilbert Elevated Railway Company, which has been
Occupying the attention for the past month Of Judge
sedgwick, OF the Superior Court Alter having occu-
pied good share OF Tuesday In his argument on
behalf or the Gilbert Elevated Railway Company,
exJudge Porter resumed his argument yesterday
morning, and excepting long occupied
the whole day TIL nearly four r. NJ TWAS giving
estsnso the points laid down in his opening address,
the necessity Of rapid transit in this city and the per-
feet legality OF the charter granted the Gilbert Ee
Waited Railway Company, the great medium through
which this alIengrossng problem wns sought 10 be
solved He discussed a. great length the point raised
that 10 authorizing the U.S. Of steam locomotives
the railroad by the act Of 1875, the Legislature
IN tact granting new charter and passing private
railroad bill, contrary 70 the constitutional amend
inenL In reply ho contended that this a r.
OF the inherent power OF the Legislature alter
renamed the SAME just as the SIKH Avenue Rail.
road would II the Legislature compelled them to
substitute mule power Tor horse power. and that
the public good requires liberal construction
given ~ the constitutional amendment In conclusion
lie gave vivid picture Of the benefits that would
10 the city-benents that the public had been long
loudly clamorng for-if tho proposed plan Tor the
building Of the Gilbert Elevated Railway now fully
contaminated. In drawing this picture he moreover
commended that no harm would be done TO the Sixth
Avenue Company, inasmuch the latter road
would carry all the short riders and ladies'
on their daily rounds OF visits and shopping
excursions, whln men OF business living remote from
great business centre Of the city would take
elevated trains 20 save time. that TO them money
Ex-Judge Comstock, on behalf OF the sixth Avenue
Railroad Company, began hts reply speaking TIL few
minutes Of nve o'clock, when the Court adjourned
he began BY modestly stating that no no orator.
idol Of tho hour He disclamrd taxing any
the contrary he was gad OF the opportunity 10
frankly and boldly his approval OF rapid transit
Utmost u ~ sa n WAS
80 by the almost unoxampled and rapldy OF its
growth But 10 periecrng tho plan OF rapid transit
sttution and IN tho aws DO preserved involatc
When you attack the the right OF property
you attack the foundations OF all civil liberty. Wne
therefore, there right way accomplishing rapid
transit In this city, there wrong way ana ono OF
tbs wrong ways, he claimed, to build the
proposed elevated railroad the track the Sixth
Avenue Railroad Company. and thus only deprive
the latter road of It's chartered rights but strike
Aer citing various authorities he stated that on the
other side u was asked, with great emphasis, What
was the contract which they up horss HIS answer
way IL The manner thai they pS were A now
absolute natural and and against the exercise
Of which there was no right OF Interference from any
euarsnrced 10 them protection against rival
Il they cla4ued shat and that Vas Their stand,na in
court they could not answer the argument on the
other sde and be would not attempt t. because
invincibia He referred 10 various decisions the
United States Supreme Court, where it 10
70 tho very letter He inssted that they had right
% such maintsnance or their contract with the city
sul He VIII resume his argument this morning.
The suit brought by the Ninth Avenue Railroad Com
pany against the Greenwich Elevated Railroad Com
pAny still pursuing the tenor Of its before
Judge Van Hoesen In Special Term OF the Court OF Com
mon Pleas For the defence there were examined yes
Moore, William oakley. James u scrrall George Holden
and alexander Douglass. The last witness was In 70
THE CHEAPNESS OF HUMAN LIFE.
John keenan,, young man Of respectable appear
ance placed upon trial in the Court OF General
Sessions yesterday before Recorder Hackett upon an
Indictment for granddaughter In the first degree in
having killed Richard Bell upon the 2lst day OF last
May, IT No 262 William street. by stabbng him with
knife The facts, a. developed before the Coroner,
showed that tho prisoner and deceased, with their
wives, occupied apartments in the same house, that
upon Sunday, the day Of the killing the deceased had
some trouble with bis wife, growing out Of insulting
remark made TO the wife OF the prisoner, which was
subsequently taken up by the prisoner who demanded
explanation OF the deceased and that this led TO
angry words followed by blows, during which
Bell was stabbed by Keenan,, the wound resulting In
prosecuted Tor the people and Mr. William r. Kn.zins
appeared for the prisoner. Mr. Herring, in opening
the briedy stated the facts ne expected prove
which, IN hrs opinion. would call Tor a convictlon
against the prisoner Of nanslaugher the third de-
gree, the killing beng In the heat OF passion without
~ intent TO KILL with deadly weapon, and such act
not being either sKcusabe jus.nabIs George schck
testified TO The deceased having had difficulty with
as We nd LATER - ns s us ns heard noise
g separate them. Hs heard the deceased saw s
chest which was bleeding, after which Bell was 70.
moved 10 the hospital He did not SEQ the commence
be was gong down stairs. II flushed HIM at Iss,'
Several other witnesses placed upon the witness
stand whose testimony corroboratlve. Deputy
Coroner Cushmsn tesied 10 having made the autopsy
and gave t ~ bis opinion that hell 10 his deaih
from internal hsmorrhage resulting from stab wound
isnes said Il would be aam'.sed that Richard ssil
same 70 his death from wound inflicted BY the
prisoner; bat he claimed that tho act was
= witness IL his own behalf 'u ssid
that shs deceased had nsusd bis wlfe in the grosses
room and there found the deceased that no spoke 10
ain about the insult when Bell sprang of his bed
h Sv e throat ns
tho head and knocked him down; believing his life
Eas In danger he took out his knife common pocket
fnife. and cot the deceased 70 save himself Hc
ross-exsmincd by Mr. Herring at length, but hrs
estimony not shaken. and II evidently made =
favorable impression upon the jury. William walworth
smschinist. the employer OF the prisoner gave him,
n exceent character for peace and quieincss.
Mr. Knitting summed up for tho prisoner, and re-
viewing the testimony claimed IL entitled the prisoner
. - sceuttai, and then, with feeling appeal, sub
mittsd the Mr.. Herring followed up behalf Of
the people The facts he insisted showed clear Of
granddaughter in the third degree and Inexcusable and
- aid nc hoped the jury would not justify the hasty
Ne Of the knife. Recorder Hackett delivered cleAr
snd comprshensive charge, impartaliv reviewing the
ecu End amer charging uron the aw
cst u 70 The jury 10 say whether the prs-
mar was Justified In the OF the kniia
The jury retired 10 deliberate, and returning in
s6eut half An hour acquitted the prisoner. In DIS
charging the prisoner the Recorder said that he re-
eretted 70 soy b did agree with the Jury In the
verdtet they had rendered He strongly anmadverted
upon the reckless use Of the knife and submitted with
eharacerstic viRor and terscness that In
blow was No excuse Tor che piungng OF weapon into
fellow being, He thoughtta monsirous thing that
Sfsnould 20 forth 10 the community As q precedent
'hnt man was justified, where blow was inflicted
nth the naked hand In taxing life. The prisoner
hen on motion Of his counsel discharged and accom-
pnnsed BY his wife, walked out OF court with light
aep ma merry heart, and no doubt happy
INTERESTING BANKRUPTCY CASE.