The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-10-28
0RASD FINALE,


THE b. d o. Lands Condemned, May be
80 the Jury said Last NIght-spteehes
Of Counsel ON Either Side Petetson's
Peg u Historical Monument scenes
and Incidents 0fthe Last Day.
Yesterday morning the Jury and Wit
nesses in the now somewhat celebrated
condemnation cases reassembled at tie
Court House. Several witnesses remain.
cd to be examined from Saturday.
Floyd sworn: Am supervisor Of D. &
o. track; in August was working in the
B. & o. yard in this cityi we cleaned dirt
OF track several times during the past
year. The dirt was dumped by city resi-.
dents, who did Il, they said, by authority
Of The Street Commissioner. This track
has been down for long time. have
known 1t since 1870. It has been used as
q side track and for standing purposes.
To Mr.. Hubbard: That part Of the spur
track has been covered since April last. A
sewer was put In BY the city some years
ago; cars have been standing there since
that sewer was put IN; part OF the track
was taken up when the Club House was
erected; dirt was hauled on this track ias.
ter than my men could throw 1t Of. In
August last we were stopped from cleaning
by the city authorities; had given orders
at various times for the clearing up OF this
track; was not told the reason for the con.
struction OF the Twenty.thirl street switch.
put in a spur track north Of the creek
and Mr.. Whitescarver also put in a spur
track. Some Of the work done by us might
have interiered with the "Pewiky" extern
sion; saw stakes along or in the vicinity
Of our tracks that | suppose were "Pewiky"
stakes. In order TO allow cars 10 pass each
other near the boat house, the "pewiky"
will have to 60 west Of the B. < 0. track,
but this will necessitate the tearing up oil
our switch.
The dispatch from Mr.. Bradshaw, dated
Paw Paw, August 10, 1920 A. NJ, to Ar
thur Sinsel, instructing him TO 50 10 work
on the creek trestle, was read 10 the
jury.
Daniel Lamb, Esq, sworn: Am &C.
Good and sobieski Brady. Their sigma.
lures are to deed in my hands. The deed
was by Moses O. Good, II. Y. Caldwell, S.
Brady and the Merchants and Mechanics
Bank TO the Baltimore and Ohio Railroad
for lot No. 20, and part OF lot, in the
Fifth ward Of the city Of Wheeling, made
in 1858.
/ bad an interview with Mayor Sweeney
in August last. Think that the testimony
OF the Mayor In regard 10 my statement
to him is incorrect, as said that we had
had possession OF the property long
enough TO give us right 10 it, and so ad.
vised Captain Devries. ! directed the
workmen on the trestle to keep north OF
Peterson's peg, as | wanted no conflict
with city authorities, and wanted the tres.
tie undoubtedly on our grounds. Witness
then read the terms OF the armistiCe that
was mutually agreed upon by the bellig.
erents on the day aitor the laying down Of
the track in August by the Pittsburgh,
Wheeling and Kentucky Railroad, north
Of the creek and at Twenty.third
street.
To Mr.. Hubbard. The Baltimore and
Ohio about that time sought to condemn
certain lands OF the city. So far as that
switch had occupied it, 1t was my notion
that we had acquired good right OF way,
The papers OF ours in the condemnation
OF city lands for our purposes were pre-,
pared with my approval. Witness des'
cribed theground in question. Had moth.
ing to do with the bill filed by our com.
pRny in the Circuit Court. Have no recol
lection OF the contents OF the bill. The
necessity for the river front, understood
from B. & 0. authorities became apparent
some time ago, as the cutting US of BY the
P, w. K Ky. R. r. from the river front
would be very detrimental 10 us. Am
senior counsel for the B. & o., yet there
are legal proceedings going on that l know
nothing OF. Witness narrated 10 the Jury
the circumstances surrounding the cree
tlon of the creek trestle, and his action in
the matter as being the most conservative
and his desire to keep on tho B. & O's
grounds. Mr.. Keyser subsequently gave
the same instructions. Witness then, al
length, described the reasons for the erec.
ton of the trastle and the other improve
ments contemplated by the B. & o. in
August last; and also the value that they
attached 10 the ground at the mouth Of the
creek, and also the circumstance Of itl
purchase twenty.seven years ago. Do moi
know that it was purchased from Joseph
Pedley.
B. ". Peterson recalled by Mr.. Russell
and testified as to the radius ofthe trestle
l fixed the boat house LOCATION,
To Mr.. Hubbard-Know the existan0f
OF spur track in the neighborhood Of
Twenty.seCondstreet. The sewer OF thai
street when made, cut that track. There
has been no use OF that track since 1875 t.
my knowledge, nor since the erection
the boat house in 1873.
Capt. R. 7. Devries sworn: Had con.
versation with Mayor Sweeney on the 18th
Of August. DR.. Reeves, Buiterfield and
Wait were present. The conversation was
in regard to the action Of the Mayor in
stopping our men in the putting in OF the
Twenty-third street switch. In tho alter,
noon, at my Office, at my request, ! again
met him, together with Butterfield. / as.
sured him that no work would be done
without instructions from Mr.. Lamb,
Do not remember saying that ou,
intentions we're to obstruct the P, W. &
Ky. extension, although he tried 10 put
those words in my mouth. The old gov,
eminent switch was near the "Pewiky'
freight depot. '4
To Mr.. Hubbard. told Mayor Sweeney
that / had no admissions to make; I posi-.
bly, said that persons could draw their
own lnierences; it was notmy understand.
ing that tho work was being done solely
to obstruct the "PwIkyn extension; my
understanding was that we were doing the
work to occupy our own property; did
not understand that that work was to
virtually defeat the extension, but only 10
defeat condemnation. Issnt The telegram
TO Mr.. Keyser, apprising him Of the inyR.
sion Of the Thursday night in August;
was not in charge Of the work, and tele,
graphed to Mr.. Keyser for the reason that
Mayor Sweeney had notified me Of his in
tentions in tho matter; the Government
switch was down when ] took charge
here; the rates for cars 10 the Belmont
furnace are s. 50 each, and return The
cars free.
The B. & o. rested their defense at this
point. MI. Becker recalled BY Mr.. Hub.
bard. The F., W. & KY. first contemplat.
ed the step they took on the 2lst Of
August, on that day. We did It altar The