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


of the Traction Company and employees to be
present in the borough of Gilberton on the
night of the riot and the justification Of their
acts and their course, and a condemnation of
the course Of the borough of Gilberton.
Mr.. Wadlinger objected on the ground that
the proof contemplated would not have the
slightest bearing on the case
The objection was sustained.
MACHINERY WILHELM
sworn: l was not present at the time the
Gilberton Borough Council passed the first
electric railway ordinance. So far as l know
there was at no time since the first ordinance
WAS passed any course or distance or locality
fixed or street named that is not in the or
dinance At the request in the early part of
June, 1893, Of the borough solicitor, Mr
Breckons, Mr. Jones, superintendent for the
Schuylkill Traction Company, and myself
met Mr.. Breckons and the Borough Council
| of the Borough of Gilberton for the purpose
of going over the road so that the Council
| could indicate to Mr., Jones what repairs they
desired made to the road and they indicated
that they wanted repairs made over the part
| of the road now torn Up beginning at the
point were the railroad leaves the public
| road, passing over some private property
| bought of the Shafer estate by the Traction
Company then going westward from that point
to the western limits of the borough. There
were n number Of the Councilman present,
| ! think at least five. They were Reynolds
md / rIa
They told what they wanted done. There
was nothing said that day that We were on
| that part of the road contrary to the oTdi
nance. Mr. Breckons did say to me, how.
ever, that the railroad company were not
| following the line laid down in the ordinance
We walked over the road from the eastern
point have mentioned down as far as Maize
Vile and when we reached Leahy's saloon we
adjourned to take drink. While we were
there I told the Councimen that Mr. Breck
ons had informed me that we were not fol
| lowing the ordinance as called for in the line
of the road and that l did not know in what
particular we had varied from the ordinance,
| but in order that there should not he any
contention in the future, and that iuasmuch
as we were going 10 repair the road as they
| desired, whether called for in the ordinance,
or not, that they should secure us against
any contention in the future and pass an or
| dinance ratifying the road as laid down.
| Mr.. Breckons said to me that be would not
/ permit the Council to pass au ordinance of
| that kind at that time because We had not
| fixed up the streets according to the ordinance
and that he wanted TO secure the Council be.
yond any doubt; that the roads would be
fixed up according 10 the agreement made
! that day; that the route we had taken was
! the best route that NO person had any OBJ
| lection to it and that if we went TO work and
| fixed up the streets according to the agree
ment entered into then that he as their soli-
citor, would guarantee that an ordinance
would be passed which would cover the point
that was in dispute and that the only pur-
pose in Withholding the passing Of this ordi'
ance in order to compel us to hold 10 the
agreement entered into there. He used the
words ave will hold it as whip over YOU
| l told him that was satisfactory and there was
not a dissenting voice 10 the proposition and
| 1 cannot say that any person made any words
asserting but certainly that was the under.
standing iThe reason our meeting was Ia
decide upon what repairs were to be made to
the streetf There was no meeting for the
purpose of fixing the location Of the track.
They said we had failed TO comply with the
ordinance in the repair Of the street.-The