Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-08-06
FINED THE COMPANY.
sEMMEs-sTREEr vIADUCT, MAN
CHESTER, DECLARED A NUISANCE.
WILL INDICT COMPANY FOR MURDER.
So Declares Judge CIopton, IL Any
One IL Killed ON the Bridge-A
Long md Interesting Hearing
Bigamy Case Dismissed.

|
Mayor II. a. Maurice. OF Manchester
yesterday fined the Richmond and Man
chester Railway Company SIS for main
tanning an alleged nuisance-namely. the
Semmes-Street vladuct-and imposed an
additional fine OF S25 for every day after
fifteen days from yesterday that the said
alleged nuisance was not abated. An APP
peal was taken TO the Hastings Court, and
the case was certified TO the higher tribu-
nal.
The hearing consumed four hours. be-
ginning at II o'clock and not being con-
cluded until in the afternoon. The rail-
road company was represented by Captain
A. b. Guigon, counsel, and Mr.. b. X. Sell
den, superintendent Of the street railway.
Judge William 1. Clopton, City Attorney,
was counsel for the city.
CHARGES AGAINST THE COMPANY.
The charges against the railway COM
pany were made by A. s. Wright, police
officer Of Manchester, and are stated in
the warrant served on the company in
the early part Of the week as follows:
That the Manchester Railway Com
| pany, from the Cd day of November, 1897,
to the 2Sth day OF July, 1898, wilfully, I'M
| lawfully, and injuriously did keep and
maintain. and still do continue wilfully
| unlawfuly, and injuriously 10 keep and
maintain a common and public nuisance
in the said city of Manchester by running
the cars belonging TO said company, load
ed with passengers, said passengers being
citizens of said city and other citizens OF
| this Commonwealth, over q certain iron
bridge situated in said city across the
Richmond and Petersburg Railroad Com
! pany's track, on SemmeS street, when
said iron bridge has been during all the
time aforesaid, and still is, insecure, un-
safe, and liable to fall down, and liable
thereby TO kin and injure said persons,
the passengers on said cars; the said UNI
safe insecure, and dangerous condition Of
said iron bridge during the time aforesaid
being well known to the defendants in
this warrant, and TO the great danger Of
the lives and bodies Of all the good citi-
zens of said city, and of all other citizens
of the Commonwealth passing and repass-
ing on said cars over said iron bridge.
HEARING IN DETAIL.
The case was called originally in the
tinued, at the request Of counsel, until
yesterday morning at II o'clock.
In his plan TO protect the interest Of
his clients. Captain Gugon was unwill-
ing. from the outset, to admit anything,
even that the cars of the company passed
over the viaduct. Judge Clopton put Mr..
Henry w. Furcron, who lives at No. AS
Cowardin avenue, in a Few yards of the
viaduct. on the stand Witness said that
he saw the cars pass over the viaduct
every day. Captain James A Lipscomb.
City Engineer, was the next witness, and
testified to the insecurity of the bridge.
Captain Lipscomb said while he did not
regard himself as an expert bridge engi-
neer. he had made a careful examination
Of this viaduct and regarded it totally
unsafe. 1t will be remembered that it
was on Captain Lipscomb's report that
the Council, on the I'd Of November last,
ordered the viaduct TO be closed TO pub
lie travel.
HE SERVED THE NOTICE.
Mr.. Henry Fitzgerald, City Sergeant,
testified that upon direction Of the city
he served notice upon the Richmond and
Manchester Railway Company that the
bridge had been closed. The next wit
ness brought by the city was Mr.. George
f. Hall. mechanical engineer at the city
water-works. Mr.. Hall said he made an
inspection Of the viaduct with Captain
Lipscomb, and that when he touched
the Orders with hammer, pieces peeled
off He felt quite sure it was unsafe to
cross over il. He said that parts of the
supports had scaled" until very thin and
liable to break at any time. Mr.. Cor
nelius Perks, a dairyman, who lives at
No. Az Cowardn avenue, testified that
he resided in sight Of the viaduct, and
also saw the cars pass over it every day.
JUDGE CLOPTON SPEAKS.
Judge Clopton, in his opening address,
called especial attention of the Mayor to
the due warning of the unsafety of the
viaduct and the precaution taken by the
city to prevent a terrible casualty.
The burden of Captain Guigon's reply
was that the viaduct really belonged TO
the city, as that corporation had used it
as a public highway and an outlet to two
Of the city's streets. If there was a cas-
ualty, he argued, the city would be held
liable. 1t was che citys property, and,
therefore, the citys own affair to keep it
in good order and safe condition.
MURDER IN FIRST DEGREE.
Replying, Judge Clopton brought out
the Deadlock TO show that the street. !
car company had bought the viaduct of !
the Southside Land Company, which built /
il, and endeavored 10 show by statute |
also that railroad and street-raiway |
bridges and viaducts were the possessions |
not of the counties or corporations where |
they were located but Of the car com |
panies which used them.
If such a term can be properly applied |
TO the usual dignihed and calm bearing |
of Judge Clopton, he was inclined to be |
dramatic here, for with more than ordi-
nary emphasis he declared that so i'm
pressed was he with the effort the city
had made TO prevent accident and loss of
life by this viaduct, he would indict
every officer of the street-car company !
from the smallest 10 the greatest, OF
murder in the first degree" if any one
were killed on it from accident 10 their
cars or any other negligence on their
part.
Captain Gugon made also a fine plea
from his standpoint and promptly took
an appeal when the Mayor had delivered
his judgment
The cars. ii is understood, will continue
to run until the matter has gone through
the courts.
Mayor Maurice said last night that they
did so at their own risk, of course, and
if his judgment were sustained by the
higher courts, the car company would
have to pay not only the preliminary fine
Of &5, but the provisional fines which
would amount to a great deal If the mat
ter was I'm litigation long