The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-02-15
m WORDS IN COURT.
i Of Perjury in Rams Horn
Injunction Case.
~ JUDGE WILL oELisERATE.
mrs AAdayis stirs Up . saarl
fsmvsss-RsilroaAs Ready 20 O.
ss-Prepesed cemprenass.

UE8st1B Va tac 0RftitG8&tO0 Qf u. ~.
ct,nss for temporary Injunction to pre-
~ the Columbia & Puget Sound and
Heshsrn Pacific railroads from tearing
an The building between Columbis and
1rion streets TO continue the rams
m tracks northward was held before
5sdes Langley in the superior court res
ns1sy, and led to warm verbal passass-
e1sms between Mr.. Colman's attorney.
loa Roger 8. Greene, and the Saiiroad's
s1fornsy. A. +. Burieigh. In the course Of
which the latter plainly stated that the
o01svls Of r. A. Hill, which vas the
hn6s Of the complaint. Vas . psecs Of
rink perjury. The case xas taken under
sdrissment until tomorrow morning.
vksn Judge Langley promised dscision.
DJudgs Greene IN opening read the plead.
hp snd presented an afidayit Of r. A.
Hal. the former superintendent Of the
Columbia & Puget Sound road. In this
NJ Hill states that early In 1suO, when he
US general superintendent Of the Column
~ { Puget Sound railroad, l. ]. Colman
esms 70 him and asked him 70 have the
westerly line Of the right-of-way located.
b the vest Of which the raiiroad company
did not and would not claim any rights
- against Colman. a. the latter desired 20
somplete his buildings without interfering
s With any paft Of block l., over which the
railroad company claimed sight-of-v
He says that he then consuitsd H. w. Nc
Neiii. the resident manager, and J. c.
Haines, the general counsel, and that they
Uncovered that the tracks - they existed
esfors the great irs. hsd bssn built 10 the
west Of the line - hs afterwards defined
u. and did not conform TO the
city ordinance granting the right-of.way.
de says that line commencing ~ the
scuthsriy line Of Columbia strsst 208o8
ises from the center line Of Front street
and thencs curviag westerly by . curve Of
6.06 degrees 70 the rioftheriy line Of block
l. 1905 feet from the csntsr iins of Front
street 10 the westerly line Of the right-of-
way established by ordinance, and Was
then construed aud understood TO b
such In various cancellations and CONVEX
sations held by himself. Hainss and
Mcneil that II vas thsrsupon determined
By them that the right-of-way should Be
made to conform 10 the ordinances: that he
Was then instructed by McNsin to have
the line iocated - - forth and estab-
lishsd by monuments across block L, and
that he did %.
Judge Greene claimed That the state
menis In the complaint and In this an
davit were complete cause Of action and
constituted m sstoppA and opsrated TO
give Coimsn title By estoppel - against
the railroad compsnisA These facts con-
stituting an estoppsl. coupisd with the
svowed purpose Of the railroads 10 sntsr
upon the alleged risht-of-wsy and destroy
the building. constituted cause Of action
and entitled Colman TO . permanent In
junction, IL the facts were established 1t Q
hearing on the merits.
In replying, Mr.. Durlsigh eontsndsd
that the whole msttsr had been gone over
In the other case aud decided BY Judge
Osborn. In support Of this ciaim be
offered the record In that cass, together
with the testimony Of J. NJ. Coiman. L. J.
Coiman and Hill and Judge Grssns's own
statement TO the court ct that time. He
claimed that every point In this case had
been urged In the former case and sdiudi-
Gated upon by Judge Osborn. He also
argued that the superior court had con-
Guided the case BY it, own judgment
rendered BY Judge Osborn. but that, even
II that we're not 20, there was no equity In
the case. because the testimony Of the
plaintiffs own witnesses on the other
trial showed that there was no abandon
mont on the part Of the railroads. but that
they had mado every effort 20 occupy the
rightof-way.
Mr.. Burleigh then read Hills testimony
before Judge Oaborn, in which he stated
that at l.. J. Colman's request he sent
man named Curry TO stake out the line.
but made no mention Of any consultation
between himself and MeNsili and Haines.
He also stated that after giving this tssti-
mony, Hill had conversation In the
lobby with John J.. Howard, In which he
stated that he had warned the PLAINTIFF
not TO press bin on the point of abandon
ment, as the railroad companies had never
done nor intended to do anything 70 lead
Colmsn TO believe that they would aban-
don the righ.-oi-way. Mr.. Burleigh read
memorandum Of this conversation
which he said Mr.. Howard made imme-
dlasely after 1t took place. and closed by
declaring that Hills affidavit Was frank
perjury"
DO you mean to say that Mr.. Hin COM
niited perjury" asked Judge Greene.
stariiug to his feet
II do" was the answer.
HE has not" hotly replied the judge.
and a warm alteration between the at
iorneys followed.
In closing tho Argument Judge Greene
eon,ended that Hill's affidavit was new
matter not involved in the case heard by
Judge Osborn, and that il contained mat.
Ter which had never been passed upon,
but that sven IL il had, that would not
avail the railroads, a. Colman had APP
pealed from Judge osborn's judgment.
While he admitted that testimony reiat-
Ing 20 the same state of facts had bean
iaSea heiord Judge Osborn on the cues
Won OF abandonment. jet Colman pat IL
10 without any necessity. IL Was imma-
wrlsl and he ought not % be bound by IL
Judge Langley then took the case under
sdsissment. and announced that he would
give decision tomorrow morning.
L. J. Colman said yesterday in regard TO
TIE ease; al. has been stated that this
controversy has already been decided
against Us in the supreme court. bat that
enoi the fact. When We appealed from
Judge osborn's decision we pat up
sapersedess bond TO continue the restrain
ias order In operation until the supreme
court rendered its decision, bat the rail-
road companies objected. and the supreme
eonEt granted their motion 10 vacaie the
eond. Tats is the only decision the su-
pfenle court has rendered In regard TO our
Ease, ans Is viii not render its decision on
iAs appeal until jane"
The railroad. we're ready to proceed
immediately with the tearing down OF Col
mans ealiding IL Judge Langley had
even &C Immediate decision in their favor.
Hey had I've box cars on the rams horn
n