The evening times., 1895-12-14
ENl|VENED THE HEARING
Lawyer Worthington Said His
Colleagues Were DiCtatoriaI.
HIGHWAY ACT PROCEEDINGS
The Colloquy Between Counsel Start
ed In the Request of Respondents
Lawyers That The eGovernment = At
torueys He Made 10 Write Down
Their Prayers for Instructions.

The Jury in the condemna lion proceedings
| having been excused yesterday until Mon-
day, Justice Cox filled ID the interim By
! listening today to the attorneys, who dis
| lcuss.d instructions.
Mr.. a. $. Worthiuston first addressed tue
court. He said the government VIII be sat
| isfied If the jury is instructed TO be gov
erned in making its assessments by the
rule laid down in the Rock Creek Park
| case. with special Instructions as to rule
| IL. He argued that except in Washington
aud In the State of Pennsylvania any
| street in any city thai may have been used
! for hundred years may be improved and
| property, rated as TO the number Of front
| feet. lu PENNSYLVANIA only the original
| paving may be SO charged. Even there the
| present case would be iDdorsed.
DIVIDING THE EXPENSE.
1t was believed. he said to he a fair way
| TO divide the expense. The improvement il
| largely for the benefit of the property and
| Congress provided that where a part OF
| the lot of an owner is divided all points are
| considered and a credit is entered up ac.
cording 10 the relative damage and benefit.
Here the DISCUSSION brancbed off into
personal explanation and in large degree
| became colloauial. The attorneys for re-
| sDondenls, through Messrs. Natha ME! Wilson
| and w. l.. Cole. insisted that the govern
| ment should prepare the instructions asked
| for in black and white" and after q brief
epitome OF prior proceeding; and also of
| ion arose and objected 10 the tone of his
| brother Wilson.
He thought he had assumed an attitude
that was in a slight degree offensive.
and after a disclaimer from Mr.. Wilson
the request for written instructions was
| renewed: whereupon Mr.. worthington
renewed his exceptions to the dictatorial
tone employed by counsel.
He said this spirit had been manifested
from the inception OF the proceedings
been insinueted that the District Commits
sioners and their counsel bad been conduct
ing the case with the view of delay. The
Commissioners, he said had striven to
obviate the very difficulties that now CON
fronted the ATTORNEYS nv having an amend
ment offered TO the original act.
PROCEED WITH THE CASE.
So far as he was concerned, personally.
he would now proceed with the case and
insist upon the consideration of the issues
compelled by the motion of property-own-
ers Ia enter upon the hea ring. even though
the difficulties seemed To be great. and
would pursue the matter until a court of
last resort decides, II IL shall. that the ben
Gifts may not be considered according To
the present construction of the act.
Mr.. Wilson retorted by saving that if any,
one could he more dictatOrial than his
brother WorthiDgton. he had not vet met him
in this case He attributed no improper
motives TO either the Commissioners or
say that the government had assumed to
conduct the proceedings in their own way.
seemingly regardless of the interests of
the property owners.
The question of benefits and the applica-
ton of the law thereto came up in the
course of the discussion, and Mr. Worthing
ton held that the law makes it obligatory
upon the Jury to not only consider abutt!nc
property, but all property anywhere that
may derive benefit from the extension of
the streets,
THE RESPONDENTS REASON.
This, Mr.. Wilson said. presented diff
Guilty, bringing in a line of benefits running
away out nobody knows where, aud consti-
tuted a main reason why the respondents
wanted the government To write out the
instructions prayed for.
Justice Cox here made a suggestion to
the effect that the task imposed upon the
Jury is a gigantic one, and he could scarce
ly see how II is to be dis scharged sue
cessfully, and by way Of comment upon
this phase of the question 1t was remarked
by counsel that it Will be necessary to
visit each piece of property and assess
benefits according to the circumstances
involved.
The outcome of the hearing was the sub
mission of instructions in writing by re-
sDondents for the consideration OF the court.
The only instructions asked for by the
government were those outlined by Mr..
Worthington. The court adjourned until
Monday.