Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-12-09
HEARING AGAIN POSTPONED
The Street Extension Case to Come Up
Tomorrow.
Witnesses for the District Were Not
Prepared to Testify This Morn
ins-The Contention.

The street extension cases were subjected
to further delay today, postponement of
the hearing until tomorrow morning be-
coming necessary through the failure of the
District to have its witnesses in readiness
When the case 419, Denison and Leigh
tons subdivision of Mt. PleasanD was post
poned Friday last until this morning. it was
agreed that today the District would sub
NIT its testimony to the value of the
efShty-three parcels of land embraced with
in the subdivision one of the forty-seven in-
cludcd within section 1 of the approved
plan of street extension. But when the
case, the one selected as the most available
in which to test the validity of the street
extension act was called up before Judge
Cox in the District Court this morning, Mr.
$. T. Thomas, the attorney for the District
stated that he had summoned six witnesses,
Messrs. Lester A. Barr, James J. Lamptou
Charles +. Stone, Charles Early, l.. NJ.
Saunders and Albert F. Fox all local real
estate dealers, but that he had found upon
consulting them this morning that not one
or them was sufficiently acquainted with
the exact location of the tract to enable him
to testify today. He had also discovered
that two of them feared they were perhaps
too much interested to testify in the case.
So. explained Mr.. Thomas, unless the other
side would go on with their testimony to-
day, he would be compelled to ask for a
postponement of the case until tomorrow
morning. that his witnesses might mean
time have the opportunity of visiting the
subdivision in question for the purpose of
famliariZing themselves with it's location.
On behalf of counsel for the various
owners. Mr.. w. L. Cole stated that the
proposition of Mr.. Thomas would have to
be respectfully declined with thanks.
Mr.. Thomas then remarked that he
would insist upon an adjournment of the
case until tomorrow morning, when Mr.
A. A. Lipscomb inquired how the Dis
tricts witnesses could determine the value
or the parcels by visiting them today. BY
inspecting them replied Mr.. Thomas. who
intmated that his witnesses in that re-
spect differed from Mr.. Lipscombs clients
~ ou mean, retorted Mr.. Lipscomb, that
my clients will not ask your opinion" /
Mr.. Nathaniel Wilson, also of counsel for
the land owners. remarked that the other
side had had Two years and a half in
which to get ready, but he stated that
no objection would be raised against the
postponement provided the case would
surely go on tomorrow morning.
Must Proceed Tomorrow.
Judge Cox decided that as neither side
was prepared or willing to proceed today
he would adjourn the hearing until tomor-
row. when the case would have to pro-
ceed. He then excused the jury until 10
o'clock tomorrow morning.
Replying to an inquiry of Mr.. Wilson,
MIR. Thomas stated that he would tomor-
notification, by persona: service, of those
Interested parties in the forty-six other
cases who had failed to appear in answer
to the published notice. He also explained
that in case 40 tho first parcel to be taken
ur would be lot 81. at the corner of 18Th
street ana Columbia road
The case nov before the court is that in
which the District seeks, the condemnat ticn
Of land for the extension of 10Th street
from Columbia road to Grant street, Mt
Pleasant, and also for the Strengthening of
kenesaw avenue and Grant street. 1t is
thought that the case will occupy the at
tention of the court and seven appraisers
the rest of the present week. The District
is to submit its testimony first, that for the
land owners to follow, the District to have
the privilege of closing. Both sides will.
of course, address the jury in support of
their respective contentious, and the ap-
praisers will also have the benefit of the
courts Instructions as to the form and
scope of their verdict. The finding of the
jury, 1t is understood, is not required to be
an unanimous Cne, a majority vote only be-
ing required to make the finding of the ap-
praSerS valid