The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-01-16

for one plank along the side Of the rail.
They desired that there should be two planks,
one on the inside and one on the outside, and
Mr. Jones agreed that he would do that and
also macadamize between the rails, which was
called for in the ordinance. / have stated all
the complaint that was made. This oonver-
sation occurred in June, 1893 The tracks
were laid some months before they were torn
up, some time in the early part Of the yo o.
The road had been in operation for some
time There was really no complaint as TO
the location of the road that day. The first
notice l got of such dispute sa day or t. o
previous from Mr. Breckons, when he said we
had not followed the ordinance in the laying
of the track. We repaired that part Of the
road which was torn up, according to the
agreement All my information was to the
effect that the road had been repaired accord
ing to the agreement. l got that information
from Mr.. Breckons, the solicitor, from Mr..
Reynolds, the President of the Town Coun.
Gil, and, | think Mr. Foley. I had conye'-
sation with John F. Rey nolds the President
VI AAN Nl'bNl bNA AoAbhkh NAAAlNAl1 Oh AlAN
Friday or Saturday before the time fixed in
the notice for the tearing up the tracks was
served on the Traction Company. Mr. Reyn-
olds assured me
Objection. Overruled.
Mr.. Reynolds assured me that the tracks
would not be torn up. When I called upon
him at that time told him my object was
IN, rfa IN thH pptipn and 10 IL,
what the trouble was about. Before l left Mr.
Reynolds stated to me that the track wouldn't
be torn up, and that he didn't want to see it
torn up.
@ State whether or not that statement had
been contradicted, either by written notice, or
any other way, after you had assurance moth
ing would be done?
Objected to. OyeTuled.
A. ! had no notice to that effect and none
of the officers of the company had any, 1
cannot recollect when the old company as
signed its rights to the Traction Company
1t was several months before the track was
torn up.
@. State as near as you can what, il any
thing, was said to the assiguees of the old
company concerning the assignment, as to
the right of way and repairs by any Of the
Town Council or those in authority of Gil
berton, and acting for the Borough of Gilber
tOn2
.. | don't know of any such notice
There was an ordinance passed giving the
Sehuylkill Traction Company all the rights
and privileges that the old company had. l
think it was passed some time early in the
spring of 1893. l can't say whether tina
assignment was made before, or after, the
amended ordinance was passed.
CROSS EXAMINATION.
was present at the time the amended or
dinance was passed giving the sssgnees the
rights the old company enjoyed, The Ordi
nance was adopted January II, 1893. / can t
say when the new company went into posses
sion. Before June, 1888, there might have
been half a dozen complaints made Of the
cOmpany's failure to live up TO the ordinance,
but they were made during the winter
notice by the testimony of the different par.
ties that ! was handed a notice in writing
and from that my memory is refreshed. /
had forgotten the matter and l now think /
received ono.
copy of notice dated May lG, 1898 was
handed the witness and after reading il
said he would not say that the notice was
worded rs the one handed him and he would
not say it was not,
O. Is it not a fact, Mr. wilhelm, that Mr..
BIeckons had no less than rec to five in
tervi,ws with you ON the subject personal
ly?
A. l may have had one in the court house
and we may have had one or TWO more. In
p general way Nh Breckons and me have
talked about the Borough Of Gilbertou and
the railroad perhaps one or TWO times, or
more.
q. Is it not a fact that in this last inter
view on the subject of this Traction Com
pany's failure TO make repairs he implorei
you to take immediate action and said the
Borough Council were charging him with hav
ing been indifferent to his duty?
A. Yes, sir
Q, 1t it not a fact that within a very short
time, a couple Of weeks after that, you re
ceived notice in writing from me (WadlingerD
about your failure to carry out the borough
ordinance with relation to these things and
didn't you afterwards come and see me about
that matter?
A. Yes, sir.
Q. And is 1t not fact that some line a. Q
thar Mr. Reynolds, the Town Clerk served a
notice on you in writing at Ashland?
A. Yes, sir Mr.. Reynolds, believe,
served a notice saying that the tracks would
be torn up within five days but giyiug NO Ie4
son for it.
Q. At this meeting in the East ward of
Gilberton in June last, you say Mr. Brcckons
John Reynolds, Foley, Leohy, Stone and
Gorley were present?
A. Yes, sir.
Q. Didn't you go TO Gilberton two days IN
succession at that time-on Monday and
then again on the following day, which was
the day ior the meeting of the Town
Couucu2
A. ! think Mr Breckons didn't come az
the time agreed upon ON account of another
pressing engagement and he telegnphed me
to be there the next day Mr. BrsCkons was
not there both days l had no knowledge on
that Monday that the portion Of the track
torn up was iu dispute as to the right of way;
| and l did not make proposition then that it
| the Council wOuld pass an ordinance granting
a right of way over the disputed point we
would carry out the ordinance and make all
repairs l had an ordinance prepared in
blank 70 cover the additional right Of way.
| / knew there was dispute, Mr.. BreckOns
told me of it, but he didn't say what portion
of the track it affected and that was the
reason / had the ordinance prepared in blank.
| | read that ordinance in Leahys
! billiard room Mr. Breckons said the Council
would not adopt that ordinance at that time
| because we want you people TO live up to the
! agreement entered into here to day in regard
TO the repairing of the road and we will hold