The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-08-28

RAILROAD MEN HELD
Justice Potts Binds Over a
Number of the Com
batants for the
Grand Jury.
CURTIS AND M'NALLY DISCHARGED
Mr.. yredenburg Gives the Court
the Pennsylvania Side Of
the Fight.
CURTIS AND M'NALLY DISCHARGED

The great battle between the Pennsyl-
vania and the National Docks and New
Jersey Junction Railroad Companies,
which has been earnestly fought through
the Supreme Court and the Court of
Chancery. has finally got into the police
court. and even that from present ap-
pearances. will not be the court of last
resort. Yesterday afternoon the dispute
between the great corporations. which
has hitherto been of a civil character,
came before Police Justice Potts tinged
with a criminal aspect.
The first proceeding in the police court
yesterday was the examination of Will
lam H Curtis, an employe of the Ma
tional Docks Company. arrested on
August %, by Special officer McNally,
of the Pennsylvania Company. on a
charge of tresspass upon the property
of the latter company and malicious
mischief in attempting to cut the water
supply in the railroad yard, and the
counter charge against officer McNally
of assault and battery on Curtis in
making the arrests and drawing re-
volver and threatening to shoot the lat
ter and his fellow employees Before the
investigation was concluded there We're
arrayed in the court room twenty-one
additional prisoners who We're arrested
yesterday by the police charged with
assault and battery and dsorderly con-
duct and melting to riot
MR.. VREDENBURG'S CLAIM
Lawyer James Vredenburg, counsel for
the Pennsylvania Railroad Company,
appeared for NIcNally and the other en-
ployes of that company and as the
prosecutor of Curtis. while ex-Mayor
Gilbert Collins and Asa w. Dickinson;
counsel of the National Docks Company,
looked after the interests of it's EN-
ployes.
Counsellor Vredenburg said that in the
initiatory measures taken by the Ma
tionai Docks Company to secure a pas
sage through the property of the Penn
sylvania Company a water, pipe which
was laid in the Pennsylvania Railroad
yard for years was talnpered with by
Engineer Slater of the National Docks
Company. and his men, and an attempt
made to cut it by Curtis, and thus turn
the current of the water, and the Penn
syiyania Railroad men simply interfered
to prevent that being done. He read the
section from the Crimes Act to show
such action to be a misdemeanor, pun
ishable with a fine of $50 or impr.son-
ment not exceeding two years. He
also produced a notice served by the
officials of the Pennsylvania Company
upon the Junction Company and its en-
ployes forbidding them to trespass upon
the property of the former claiming
they had acquired no land or rights
there.
Counsel contended that the Junction
Company had no right to come there
and take the Pennsylvania's property by
force. that the common Law made enter
ing by force or by multitude, even if
their right is as clear as the noon day
sun. a miademeanor They have no
right to come, as the law says, with a
strong hand as they are doing, their
acts being calculated to incite riot.
there being many men there on both
sides. and the presence of the police
alone preventing an outbreak Even if
the men We're proceeding under What
they believe to be a just claim, their
action in attempting to take possession
by force was unwarranted by law. The
question was not as to the right to the
possession of the property but to the
taking of it by force by creating ols-
order and disturbance; such a serious
disturbance which could not go longer
without an Indictment by the Grand
Jury.
Mr. Vredenburg further said he was
prepared to make a charge against
Colonel Sterling and Engineer Slater of
the Junction Railroad, which would
bring the high handed proceedings be-
fore the Grand Jury. but would not do
SO at present.
Suppose they have right, said he, to
the possession of the property, can
they determine themselves just what
they will take. how many rails they
will lay. ETC., without proper pro-
cedure? They have twice gone into
court to get the property and having
ostensibly failed they now attempt to
take it by force. Mr.. vredenburg read
several authorities to show that property
in such cases could not be obtained ex-
cept by means of ejectment proceedings
but they wanted to ignore the Court of
Chancery and settle it in police court.
why don't they file bill in Chancery
by which their demand may. be an
swered?' he said. "The courts have
not yet decided upon the rights of the
Junction Company. and they must await
a final hearing
Ex-Mayor Collins admitted that the
Junction men were on the Pennsylyania,s
property. but the proper remedy was to
arrest them and let them give bail for
the Grand Jury. If the Junction Com
pany had not the right it claimed the
Pennsylvania could go to the Court of
Chancery to stop them, but they have
no desire to GO into the Court of Chan
Gerry; they would rather keep away
from there.
FOR CUTTING THE PIPE.
The Court then proceeded to take tes-
timony.
Special Officer McNally testified that
about seven o'clock on the night of Aug-
ust y, he saw Curtis in the railroad yard
at the point where the Junction Com
pany want to cross, with ten or twelve
other men carrying picks. They at
tempted to clean the dirt off the water
pipe. He asked them if they were going
to cut the pipe and Curtis told him that
he (McNally) had better cut 1t; the pipe
runs from the reservoir to the yard,
along No track. When he saw Curtis
scrape the. dirt off the pipe he. arrested
a hammer. He said that Slater told him
to cut the pipe. McNaly declared he
used no unnecessary force to arrest Cur
tis. He was alone and drew his re-
terfering.
Martin D. Ward. of Railway, testified
that be was in the employ of the Penn
sylvania Company as chief engineer. He
was present when Curtis was arrested.
McNally told witness that they We're at
to cut the water pipe and asked
what he should do. Curtis told McNally
to arrest whoever attempted to cut the
pipe. Curtis then asked the witness to
cut the pipe and he refused. Slater