The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-01

during that time he has had intimate knowledge OF the
New York Elevated Railroad; that the same passes
the and workings OF the road and the effects
Of the running OF the and the steam dummy
engines thereon, and that the same make put Mite
noise IN passing. pass In a moment OF time,
make hideous noises and produce no per-
cepthlc shock or concusson that the passing OF one
Of the street New Church street causes more
rumbling noise, more conclusion on the street way
do the trains of cars that such trains pass
Opponents premises 100 times day. but deponenrs
horses have shown no signs OF trepdaton terror
nervousness caused by the use OF such road that they
do not run away nor are they iractious ny reason
thereof but the trary, the trains come and go
apparently unnoticed by the horses though unhcned
and feeding; that during all his observations he mas
not any horse run away or become terrihcd oy
said trains. nor seen any person or carriage ahsneo
against the columns of defendants road, ar otherwise
injured In consequence thereof nv on .ne
contrary, he has constantly seen horses pass
and rcpass under defendants road while
operation wholly unaffected thereby. stephen Pell,
also unconnected with the road and property owner
on Ninth avenue, near Fitncth street, and also IN
Horato street, that his property referred 10 nus
Elevated road that sdch road has great service
contr buting to the building up and Improving OF
the Ninth avenue and has increased the value OF prop
erty along route; that no tenant has abandoned
house inc line OF such road complained thereof,
has there been any reduction Of rents and That no
considers tho road great public benefit, the upper
part Ninth avenue and the streets lying adjacent
thereto becoming moro rapidly populated thereby
Michael Moioughncy has neen = rcs'ush. oI s'n ~
avenue, the junction with Greenwich street, Tor
nine years past and has seen the operation OF both
roads He swcars that when the Elevated road was
operated by the propclling cable and stationary en-
gincs ana the trucks to The terminus OF cable
route II passed large wheel or track enclosed,
and nothing less than what may be called laundering
sound frightening both horses and people, was the
result; that the smoke pipes from the engine vaults
wore pnced on the street side and were annoyance
the immediate nciehborhood and frequent Interrupt
tons 10 the regular running OF cars that since the
PRODUCTION OF the dummy the cars pass over the
road quietly attracting but ttle attention. ana that me
number thereof and of passengers have been largely
increased; that ho horses in his business oil
grocer and there numbers OF horses kept IN the
vicinity OF the road and within hearing OF its cars
and engines and all OF them are wholly UNAFFECTED
thereby.
Daniel Mahoncy a property owner Ninth avenue
TO- the past twenty years. swears the Elevated road
passes his houses, which are occupied as dwellings;
that he prefers the present dummy engine 10 tho
former cable and smoke stacks and laundering noise,
which frightened both horses and men; that the dunn
mics now used pass so noiseessy ~ 10 DO frequently
ises that the running dlsturbs neither the tranquility
OF his horses or his own Sleep nor has u ever al
fccted the Ninth avenue surface road horses 70 ms
knowledge; that 1t has increased the value Of Ninth
property and although there are some vacant
houses thers elsewhere In the city none Oh them
have become vacant because OF the road. Ed
ward Booies carpenter, Of No Morris street,
swcars that many years ago ne bought properly IN
Wesichestcr county, intending TO make permanent
residence there but by reason OF the delay IN getting
through the city to the steam cars going into West
chester county he obliged TO abandon that plan
aud compelled to 20 TO Jersey City for residence,
whcro he now lives with his family; that during the
past I'VE years he has had good opportunity 70 on
Elevated Railroad, the operating OF the same and the
running OF cars and engines thereon that the road
has been increased in strength and durability in the
old parts thereof and substantially constructed IN the
newer portions that the OF the road has induced
travel On its route which has steadily increased from
year year. that he has thousands OF horses on
tho line Of the sand street anu avenue during that
time and with few exceptions they have traverscd
such street and quietly, without excite
mcnt fright resulting from the running OF
Defendants trains that he has especially observed the
horses used the Ninth avenue road, and he never
sav runaway horses attached TO their nor do
they exhibit evidences oil terror or fright or become
unmauagcabe hut on the contrary they travel along
during passing OF defendants tram uncoEccrned
II such trains were not near them He further says
that the operating OF defendants read IN no way inter-
icrcs with the working OF either plaintiffs road
horses does impede travel or the beneficial use
street and avenue by the public at large, and
that II is only not nuisance, but great pubic
benefit William B. Adams has also mad constant iacl
tiles observing the operations of the Elevated road
amt its effect since constructed he being resident IN
that vicinity and has also during the same time had
opportunity to observe the Ninth avenue road dur
Ing the period and he swears that pans horses
seldom II disturbed by the passing Of trains
Elevated road; that the horses exhibit no ter
fright but pass along as quietly as IL no unusual
noise or object attracted their attention. He further
says that no horses can or do travel upon
said avenue without being frightened BY defendants
trains. and that among the vast numbers passing
through the avenue daily-hundreis oil themscarceiy
one maniesis any uneasiness on the passing oil the
trains. Richard \. Billings swears that on the I'D Of
May inst he remained at the corner OF Ninth avenue
and Twenty seventh street. where ac located the
stables of the line of STAGES known the Twentythird
street line, owned by shepherd JOhnSol about one
hour TO observe how the passing OF the
trains the defendants Elevated Railroad affected the
horses about the stable and those passing down and
the avenue; that during that time fourteen trains of
the defendants road passed and rcpassed that ne did
horse of all the number at and passing that
point show evidences of fright, shy on notice
such passing trans but all were quiet aud uncon-
ccrncd.
James Moylan swears that on the samo 23d day Of
May instant, he watched ut tie corner OF twenty
ninth and Ninth avenue, where the Twenty third
line OF stages have their stables 10 observe the
effect the stage horses OF the running OF the Eleva
ted road and waited about hour tor that purpose
that during that time fourteen trains passed the Ee
waited road and rcpassed that pon but the stage horses
remained passive and quiet exhibiting not the
slightest evidence OF terror or fright although in sew
cral instances they were unhchcd, and wnho-t the
attention oil their drivers He also concurs with the
other persons making affidavit that with every oppor-
tunty TO observe, no has never seen horse OF the
Ninth avenue cars any other horse frightened by
the running of tie Elevated Railroad,
There also additional affidavit identifying docu
mcnts cmanaing from the commissioners appointed
under PROVISIONS OF the Legislature authorizing the
Elevated road 10 construct switches turnouts and side
ways in connection thorcwh and also authoriz ng and
regulating the use OF dummy engines in place Of sta
onary engines and the OF various addi-
tiona switches and turnouts, &C. Argument In the
case Is set down Tor Monday next
BANK CHECK CERTITICATlON.
At length. after six years. delay. the brought by
Austin Black against the Continental National Bank
TO 500, 600 check given to Black Spauld
Ing by John Ross, and claimed to have been certified
by Alfred H. Tmpson paying teller OF tho bank, has
reached trial. Tho story of Mr.. Black is, that tho
check given IN exchange for loan OF 500 600 in
god that he refused 10 take the check until II was
the bank and certified good, and that whcn
however, the check reached the Clearing House the
Continental Bank refused 10 pay Il. claiming that
Ross, who had disappeared from the scene,
not reliable, and further alleging
the certiicailon OF The check forgery Black
commenced SUIT against the bank, ana the suit as
already stated been pending Tor number Of
years. The bank had Black arrested for the alleged
forgery, but his trial in the Court OF oyer and Ter
miner. some time ago he was acquitted since which
he has been urging the CIVIL suit trial One OF Tue
arty the eyed forged check of the down OF
the letter TO teller Ii contains three distinct