The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-13
THE COURTS.
Still Striving to Solve the Rapid
Transit Problem.
THE HARVEST QUEEN MYSTERY.
Blocker Street Railroad
Receiver.
SUITS AGAiNST JAY GOULD.

An effort TO obtain judicial solution OF the rapid
transit problem promises to occupy good share Of
The attention OF tho courts for good share OF tho
hme. In Superior Court, Special Term, before Judge
bedgwick. which is being temporarily held in the
General Term OF the court account Of large
attendance, there resumed yesterday the trial OF
tho suit brought by the Sixth Avenue Railroad Com
pany against the Gilbert Elevated Railroad Company
restrain the latter IRON building its proposed track
over the Sixth avenue road The numerous array OF
counsel we're present, and there was evident mani
tcstaon both sides TO tight out on this nc II II
takes all summer. Mos. OF the day occupied in
the examining OF various members of the Legislature
In 1872, tho time Of The passage OF the Gilbert Ee-
vatcd Railroad bill The parties thus examined were
n-Scnators L G. Benedict, Webster and Wagner and
Messrs. pavit Demercst, David ID. White, Austin
Mum and origon vanderbergc, members OF tho
lower house. and come others belonging to the lcgisa-
live railroad committees Mr.. Benedict testified that a
plan known as Gbcrt's Improved Atmospheric Elc-
vatcd Railroad was submitted TO the state Senate in
1872, OF which he was a member. He was not nom
Der OF the Railroad Committee, but he clt 1t was hs
cuiy TO inquire INTO the matter as being subject OF
interest TO his constituency He saw photographic
picture representing "a gohi; arch IL shown TO
dlncrcnt senators. The arch rested columns the
apex OF the arch being In the centre OF the street He
re- ocnized a picture now as tho plan IN question He
knows OF other plan designated plan of Gil
bert Elevated Railroad submitted al that session OF the
Senate On crosscSaminaton he stated that the word
ITO DO operated by the plan known the Gilbert Elc
vatcd Railroad The testimony OF the others was in
substance that tho plan proposed was tubular road
md did not contemplate the possibility Of being run
BY steam.
Mr. Theron r. Butler, president OF the Sixth Ave-
Railroad, was examined nj great length. He stated
that the company possessed 81 900 900 worth OF
property, OF which 81 100000 comprised real es-
late.
good of passengers rode In the cars one half
were women and Children and they are OF all classes
and conditions He was familiar with The kind OF road
Elevated Ia col
Btruct in Sixth avenue In his opinion more than
half the horses on the Sixth avenue road would become
frightened and fractions at tho running OF steam
over the track OF the road, and frequent serious
dents. in view OF the double OF columns, would be
the result lie described al length how such accidents
would and The nature Of thcm, and also the Ina
blity of accidents from passengers in aliehng colld
ng with the posts Of the Elevated road, together with
the nervous effects upon The horses Of tho road there
being about LOO constantly employed, by steam
ears RUNNING over them. lilo was asked as
10 what would be the effect upon property on sixth
avenue in case the plan for building tho Gilbert Ele
waited Railroad was carried out as at present pro-
posed The opposing counsel objected to tho question:
when Judge Scdgwcx Intimatcd that this inquiry
might DO obvatcd II the other side would concedc 10
ttc right OF decentralization by abnttinp propcrty own
ers The counsel. however, desired time TO consider
this proposition The Court adjourned until this
Ing, when the opposing counsel will make known the
result OF their conference upon the question.
As AN attending feature Of the trial there scat
tered about tho court room yesterday numerous
printed copies OF IAN Appeal to the Public from the
Sixth Avenue Properly Holders setting forth that
thor property the line OF the Gilbert Elevated road
B Today worm more than SOU 0O0 that II the road
Is constructed and operated at least half this
value Will be taken away, that numbers Of owners of
property will be ruined that there is but safe and
sound principle upon which to stand, street
should, under any circumstances be taken Tor steam
railroads, and that on this principle property
ought 10 stand
There also resumed yesterday before Judge Van
Hoesen, holding Special Term the Court of Common
Pleas tho taking of testimony In the trial brought by
the Ninth Avenue Railroad Company against The Green
wich Elevated Railroad Company. Tho additional ties.
timony mainly cumulative, more facts OF inter-
est being developed.