The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-27
! TIE COURTS.
Penalty Of Taking Sides in the
Tilton- Beecher Suit.
YHE LITIGATION AGAINST RAPID TRANSIT.
Application TO Dissolve the
Arcadian Club.
CATION AGAINST RAPID TRANSIT.
IMPORTANT GENERAL TERM DECISIONS.


When tho great rton- Beecher trial In progress
course ~ is we'll remembered theme OF almost
universal talk and comment AT that time Mr.. Aexan-
Der Macdonald, clerk downtown Wholesale liquor
house. board ng, together with his wife aud child
No. lis West Twelfth street. Mr. o. i. Ill., deputy
Are marshal, also boarder at the same place.
While Mr. Macdonald his vito and another boarder by
tho OF Tobias seated at tho breakfast table
tho FIRST named gentleman reading 10 the latter
some comments from tho Tribune IN regard to Mr.
Moulton being called upon to continue his testimony
directly succeeding the death OF his mother. Just
then Mr. Hill IN, heard the reading Of the para
graph, and, according to Mr.. Macdonald, said,
That's lie read an entirely different
story in the Post" Mr.. Macdonald replied, II
want nothing to say to you" Mr.. Hill rejolncd, 81
will talk 10 you any one damn please" Mr. Mac
donads story goes say that he then told Mr. Hin
that he .sicratc boor," whcreupou Ar. Hill
struck him on the mouth. knocking him on his
chair, and, as he lay PROSTATE and bleeding the
floor, grabbed him by the whlskers and thumped his
head violently the floor He adds that this treatment
shock to his nervous system and that he
recall mention the circumstances now without
ashudder TO indemnify him Tor the injuries alleged
10 have been thus sustained Mr. Macdonald brought
suit tor $40, 900 damages against Mr.. Hill The case
trial yesterday before Judge Van Worst, hold
fne wife Of The painua a finely dressed and pre-
possessing looking young lady, was the FIRST witness
called Sno .old me story suos.en.a'y a. scc',ea
peated in substance the same narrative. he added,
however, that Mr. Hill Told him were Il not for his
wc's presence he would kill him. He was asked II hc
did not lew nights before thrust his wife violently
from their in the hallway and leave her there Tor
the rest OF the night THIS question: however, was OBJ
jectcd TO and was not pressed Mr. Tobias remem-
bcrcd that there alteration between the two.
but unable to give the details.
,WeI what have you got 10 say TO this charge
against you? inquired Mr. hills counsel, as the lat
took the witness chair testify in his own behalf
"Al have got say that is partly true, but is
not tho whole story "
Did You make the remark that tho paragraph
from The paper was her
WHAT did Mr. Macdonald say TO that ?"
.sHe sa,d was illitcrate boor, liar and loafer
Tint than could stand. lost my presence
Of mind, and slapped him the mouth with my open
hand.n
..Did you do anything moresr
Ills wife touched the arm; that disarmed
| lett nm. ! used no further vinencs Mr..
Macdonald got behind his wife aud called all sorts
pf Names aud simply retaatod by saying, You
laby and coward and wiic IS your protector
Tho jury, after short absence, brought in verdict
Tor $50 damages.
THE ANTI-RAPLD TRANSIT FIGHT.
A aud Important stage reached Yesterday in
the trial that been progressing before Judge
Sedgwick Special Term OF the Superior Court Of
the suit brought by the sixth Avenue Railroad Com
pany against the Gilbert Elevated Railroad Company
Mr.. James c. Carter began his summing up on behalf
OF the defendants The argument occupied the entire
day and, notwithstanding the general interest felt
rapid transit, there very slim attendance outside
OF the lawyers and parties Immediately interested in
the After briefly recapitulatng the facts giving
rise to the Mr. Carter spoke OF franchises horse
railroad companies and the relation such franchises
subsequent legislative supervision He referred
the decision tho United States Supreme Coart in
1919, in the Dartmouth College case, as establish
charters or franchises. he contended. arc in the
nature OF contract No matter how gigantic is the
enterprise forming The basis Of tho franchise,
ter how great the outlay OF capital, no matter how
strong may be its to its perpetuty, there
power that touch 1.-THE right Of eminent do
main. Did not the Legislature have reserved power
10 such contracts franchises they might
grow power that would shake tho very pillars OF
state II the duty oil the Lcgislat re TO take
oil the rights of It's citizens What might DC neces
sily today and cali Tor legislative enactment for its
sustenancc might tomorrow cease 10 DC necessity
and Legislative enactment be required 10 deprive y Of
tue power before conferred upon u. When franchise
granted there iaith In the Legislature there is
faith the stability OF the government in taking its
bonds THIS reserve right was shown BY tue L"gisls-
the passage 1915 OF the Rapid rr insit
in the appointment OF commissioners under
IT. This he claimed, complete legal
authority for the railroad structure they sought
blid. He then proceeded to discuss at length the
constitutional aspects question: He next spoke
d the rights OF abulting owners Having enlarged on
these aud other incidcnta points, hc reviewed AZ
length the testimony TO the frightening Of horses by
The passing trains the elevated the
liability to accident IRON proximity OF the columns 70
The elevated road the droppngs Of cinders ashes and
oil. aud finally the noise alleged be caused by the
passing Of elevated railroad trains He insisted that
The evidence all these points was not at all con-
elusive and while admitting that there arc evils IN
connection with tho running Of elevated railroad
trans connection with other roads, no
commended conclusion that the benefits conferred
upon the public lar exceeded those cvils that rapid
transit necessity and that legislation mas pro-
pared tho way thorc be legal grounds Tor hos
Utility the construction and completion Of the pro-
posed Gilbert Elevated Railway. Mr. Choate viii reply
Today behalf OF the sixth Avenue Railroad and will
be followed BY Judge Porter in reply, the concluding
argument behalf OF the Sixth Avenue Railroad TO be-
made by cx-Juugc Comsock.
In the OF the Ninth Avenue Railroad against the
Greenwich Elevated Railroad, stilI progress, before
Judge Van Hsescn sitting in Special Term OF Tho Court
Of Common Pleas, additional witnesses were examined
yesterday for defence. The witnesses called
Michael Cannon, William b. Hudson, Max y. EcIlcrs
Clark w. Beach, l.. s. Morris, Richard G. Overflow
Captain Saunders, OF the Twcnty-scvensh precinct
william J. Linden, Lewis Walker, Oliver Convey.
stephen Poll and william H. Reid. Their testimony
little else than repetition Of that already gwen
having mainly TO do with the frightening OF horses by
trains the defendants road.
THE ARCADTAN CTR