The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-17
THE COURTS.
Opening for the Defence in the Anti
Rapid Transit Suits.
CONSTITuTIOylLlTY or TIE RAPID TRANSIT ACTS.
A Dentists Bill Against Henry
Ward Beecher.
Love Transferred from the Galley
TO the Cabin
or TIE RAPID TRANSIT ACTS.

On behalf OF the Gilbert Elevated Railway Company
In the SUIT brought against 1t by the Sixth Avenue
Railroad, being tried before Judge Sedgwick In Special
Term OF the Superior Court, Mr.. Lowery yesterday
made the opening. He said that the present action
evidently had been brought TO restrain the people from
enjoying rapid transit the best route there
no question to the necessity Of rapid transit in this
cny Every scheme had been thwarted in tho Legsia-
ture through influence OF tho horse companies
They had learned that thorc One kind OF rapid
transit which they fully committed the magic
carpet OF tho oriental Imagination. He dwclt at
length upon the power OF the defendant TO build
an elevated road upon the plan proposed. He
did not deem necessary to discuss the utility or the
Gilbert Elevated Railway plan. He reviewed the vsr-
Gus acts OF legislation in regard 10 it. showing how, In
ISL an attempt was made to get charter Tor the Gil
bert Elevated Atmospheric Railroad, and how this
scheme failed because Il did not enlist the confidence
OF the capitalists He went to state that year
later various parties interested in rapid transit in this
city talked upon the subject with Mr. Gilbert and their
Willingness assist him in obtaining franchise II he
could perfect plan by which cars could be run in the
open air by steam. The present plan was, therefore,
effected alter great labor, and bill passed by The Legs
aturo incorporating The Gilbert Improved Elevated
Railway He referred 10 the authority oil tho Legislature
over the streets OF the Guy IN which regard ho claimed
II had control Having cited various authori-
ties upon this point he insisted that tho Legislature
might at time change one kind Of public OF the
constitutionality OF the rapid transit act, and IN
ciuslon insisted that the purpose In view ny the Gilbert
Improved Elevated Railroad Company was 10 ENJOY
the rights OF its franchise do the possible
injury TO other parties. When he bud finished his
opening Patrick Burns, member Of The Legislature
1872 called the first witness Tor the defence.
He stated that the plan submitted TO the Legislature
did not contemplate the propulsion OF by tho
pneumatic method, but by steam III tho open air.
In tho suit OF the Ninth Avenue Railroad against the
Greenwich Elevated Railroad Company being tried be-
fore Judge Van Hoescn OF tho Court Of Common Pleas
Mr. Iun taI fhna ha-
half OF the defendants He made lengthy and cosent
argument Alter reviewing the decisions OF Chief
Justice DAILY ana the General form upon the Patton
case, he showed how the road, even with
i've years restriction, was not debarred by any
act oil the Legislature IN carrying to completion its
reasonable plans. He spoke OF the long drawn OUT
testimony presented the part of the plaintiff very
much exaggerated For instance the starter OF the
Ninth Avenue Railroad testified that there i, 900
accidents day. which was accident nearly every
minute. Another witness testified t1at frightened
horse jumped as high as the ceiling OF the court room
which thirty feet high, aud would be rather
difficult equine feat