The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-10-24
r., W. q II. VS.. u. q o.


The special jury o! twenty, summoned
by Sheriff Tingle on Wednesday, from
which twelve we're to be selected to de.
termine the question whether the Pitts.
burgh, Wheeling and Kentucky Railroad
Company had the right to condemn Ger.
tain lands belonging TO the Baltimore and
Ohio Railroad Company, and which the
latter averred were aud had never been in
Use for purposes other than railroad pur.
poses, assembled at the Court House yes.
terday morning. For the Pittsburgh,
Wheeling and Kentucky Railroad Com.
pAny appeared MessrE. Hubbard, Barr and
Hcarne, and for the Baltimore and Ohio
Railroad Company MeSSrs, Lamb aud Rus.
sell. Quite number Of prominent rail.
road officials interestedly took in tho pro.
ceedings. Among them were Vice PTesi.
dent VIM. KeYSer; John Bradshaw, Mas.
ter Of Transportation OF the Baltimore
and Ohio Railroad; Arthur Sinsel,
Superintendent OF Water Stations aud
Bridges; W. n. Boiling, Civil Engineer;
George Whitescarver, Superintendent Of
the llempfUld Railroad, and Captain Il.
I. DcvriGs. General Agent OF the Balti-
moro and Ohio Railroad ut this city, all OF
the Baltimore and Ohio Railroad, and NJ.
]. Becker, Chief Engineer of the Pitts.
burgh, Cincinnati anU st. Louis Railroad
j. NJ. Bellcvilo and other "Pewky" no.
tables. Quite while was spent In the
selection Of u jury, and additional names
were drawn, one Of which, John MolIat,
was excepted 10 by the Baltimore and
Ohio on the grounds that ho was taxpay.
or in Ohio county, and TINT that county
owned stock in tho Pittsburgh, Wheeling
and Kentucky Railroad, and hence was q
party interested in the suit. This was
overruled by the Judge, and the following
gentlemen were selected: F. Rlcstur,
Jacob Hull, NJ. l.. Ou, J. X. Botsforl, Ar.
thur Little, Il. NJ, Deliaplainc, X. A. Nc.
Gable, Christian Hess, John Motiat, Alex.
Bone. J. s. Rhodes ond W. b. Simpson.
Mr.. Hubbard claimed the right OF open.
ing and closing, which was disputed by
Mr.. Lamb.
The Judge decided that counsel for p,
W. 4 Ky, had the right Of opening and
closing. ~
NJ. J. Becker sworn: "liavebeen civil
engineer for twenty-five years; am in
charge OF the eastern lines OF the 7. Q. &
ST. l.. L. K, by which the r., W. 4 Ky. is
operated. located the limos OF the ex.
tension to Benwood, beginning the 2lst OF
April last; it was finished week or ten
days later; IL part OF the line of location
runs over the 3. & o. property south Of
Wheeling creek and in one or two other
places. At the time the line was located
this property was not in use; at that time
there was no EVIDENCE OF my use o! this
ground by the Il. 4 q. Co."
\ luap was here presented 10 Mr.. Becker
and he was told TO explain its use. This
map was an exhibition OF the ground and
the proposed line Of the road and the line
and the ground it is expected to pass over,
was demonstrated to the Court by Mr..
Becker.
by IIarr: "Did not the location OF this
line by you contemplate additional ex.
pense to the 2. W. K Ny. road"
Objected to and sustained.
"Was the property in question in use at
the time tho line was rum
"None."
"Was the five feet at the boat house In
any use?"
mo sir"
"Was there any effort made to obviate
any difficulty OF right OF way"
81 met Mr.. KeySar by appointment on
the 18th Of August, and submitted to hila
this map, and, after considerable talk, Mr..
Eeyser said, in anticipation Of the Hemp
field extension, all We had to expect in the
the courts"
On fairgrounds south OF Wheeling Creek
there is treslc. Witness here described
the location and construction OF this tres
tie, and said it was in no manner connect
ed with the tracks Of the Il. & Q.
could this piece OF property be utilized
BY the Il. & or
al cannot conceive in what manner. The
trestle is Of no possible use, that can see,
to that Company"
lis it necessary TO cross this piece OF
land in the prosecution Of the extension
Of the T., W. 4 Ky. roadf"
81 cannot see, from the construction Of
our finished line north Of the creek, how
We can avoid using this land; nor, from
what ! see at present, also the i've feet at
the boat house, from the fact that the i.
& o. have side track at that place, that
il, il we avoid the side track.
"WOre there other steps taken by the
b. 4 q. that would have lnterfered with
the proposed extensionW
Witness showed to the Jury the two
tracks that had been laid By the b. 4 0.
the one near the 7. ". 4 Ky. freight
depot and which was torn up the night OF
~ ~ al 81, Al,
boat house at Alley 10, also removed by
the p. ". & Ky. workmen.
"TheSe, il they had boon lot alone,
would have successfully frustrated our OBJ
jcct."
Cross examined By Russell: "Ihad this
map made after my interview with Key
ser: it is not the same one submitted 10
the City COUnril this one was prepared
subsequently to that exhibit, Witness also
showed the difficulty arising from deter
mining the slope OF the bank, and the OK.
tension OF street or rather the lines OF
street
Recess until . I'm.
AFTERNOON SESSION.
Upon tho rcNssembling OF Court the
crass.cxaminNtion Of Mr. Becker by Mr..
Russell WAS continued. There were very
few new points brought out which were
not stated in the examination in Chief in
the morning. Considerable stress WINS
laid by Mr.. Russell upon reC0nciling the
survey Of Twentieth street on the plot,
aud the description Of that street in the
memorandum. The strcctas surveyed by
Mr.. BECKER is straight, but the mcmoran.
dun States that the four lots are Of equal
length, except lot no. ~, which is ~ feet
shHtCr than the rest, which would neucs.
saiIy give bend to the street. Mr.. Rus.
sells questions brought ont the fact that
such was tho state OF aITilrs.
The question was asked Mr.. Becker il
it would not be possible to construct the
extension Of the T., W. Ny. to Benwood
outside Of the Is. & q. truck. Mr. Becker
replied that it was possible, hut in SOLICIT.
ing the route for the rOad they had
chosen the most practicable and ec0nomi
cal one TN hrinu questioned Rg IN TIM