Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-16
AQUEDUCT BRIDGE CASE
Hearing Resumed of Alleged Trespass By
Great Falls Railway.
Policeman Housed Tcstiiics to the
Sidewalk Having Ecen Displaced
Decision Expected Tuesday.

Hearing was continued this afternoon in
the Police Court before Judge Mills of the
Aoueduct bridge case, in which it is
! Charged that Charles Smith, ION the Sth
! day of September, on the Aqueduct bridge.
! did then and there break. injure and de-
| stroy the footwalk of said bridge the same
| being public property, without consent of
| the Commissioners of the District of Co.
| iunb.a, having control of said props rty,
| Ct ntrary to and in violation of an act CT
Congress. entitled. An act for the preser-
walton of the public peace ard the pro-
lection Of property within the District of
Coluinbia'" "
Assistant District Attorney Pugh con-
qceted the case of the District, Attorney
LlpscOmD represented the defendant Smi: n
and Attorney Birney was present in the in
terests of the Washington, Arlington and
Great Falls Railway Company.
without pre.iminaries the examination
OF witnesses was resumed, the hearing
haViEg been adjourned from last week
Inc nrst witness, Policeman Housel testi-
ned that on the night in question he found
tEat forty-two feet six incnes of the board
walk of the Aqueduct bridge had been
raised and dislocated.
COlIoGuy Between Counsel.
That is the case of the District" stated
Assistant District Attorney Pugh at this
possessed 10 permit TO work on the bridge. -
We do not admit it?'' replied Attorney
Lipscorlb.
ers,' addeC Mr.. Pugh
I'VE admit that" answered Mr. Lips
comb, but the District Commissioners are
not yet almighty
They are in this case remarked Mr.
Pugh.
Il doubt it," was the reply of Mr. Lips
comb.
Major Jasper n. Morrison. judge advo-
cate of the army, ara at present assistant
TO the iudge advocate general Of the army,
identified certain papers which figure IN
the case as licenses granted the ra:!roa I
company.
Il have no knowledge of the filing of
an application at the War Department for
railroad 20 cross the bridge" said Major
Morrison. Such applications come to me
in the usual course of business
A lively dispute here occurred between
attorneys Pugh and Lipscorlb regarding
the indulgence IL side remarks during the
hearing.
Attorney Birrey read the licenses issued
by the Secretary of War TO the Wash
inSton and Arlington Railway Company
ard the Washington, Arlington and Falls
Church Railway Company TO cross United
States property on The Virginia side of the
Aqueduct Bridge, ard the report of the
District Commissioners on the Senate bill
lTOpOS.llS me granting oil a cldrlef IOf'
the railway to cross the bridge.
Court Decides a Point.
At the request Of Attorney Birney, Judge
Mills ruled Oh the contention that the case
was not brought in accordance with law.
The court decided the action to be proper
Next, the attorney for the defense raised
the point that the statute under which the
action was brought was not intended to
Apply to an act such that alleged to
have been committed by Smith. Both Mr..
Eirney and Mr.. Lipscom0 argued that the
statute was in-eaded to apply to acts of
vanton carelessness, not in Instances where
d person is proceeding properly, he be-
iieNes, under supposed authority. Such is
not crime, Il was declared but is a
matter to be decided by civil, rot d GRIM
inal, court
The court ruled that the statute was in
tended to apply TO such acts as the one in
viewed N the case. An exception was noted
to the ruling.
The court reserved his opinion en- the
question Of jurisdiction, the authority to
control the AQueduct bridge. saying tina,
ne would render decision Tuesday next.