The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-10-24
SET HIS YARD ATTIRE
Senator BentIey's Testimony
in Street Car Case
CITY ELECTRICIAN MVAY
Says Line is Dangerous. Re-
turn Current by Gas Main.

The first genuine legal tilt between the
city of Wichita and the street railway
company commenced yesterday in the
district court before Judge Dale. Not
wthstanding the great agitation of the
case and the well known condition Of the
street railway matters, there was great
deal Of interest manifested in Yesterdays
proceedings. Mayor Ross is close spec
tator and it might be said, participant in
the warfare. and Colonel Tom Fitch, rep
resenting the company to whom the new
franchise has been let, is quite an inter
ested person in the proceedings Of the
trial Mr.. Church, local manager Of the
street railway, sits directly behind his
counsel and he and they seem to have
been playing for a better stand of their
case today. Everything went against
them yesterday.
City Attorney Helm waded into the case
right from the start and is making a
strong case, from the nature of the testi-
mony brought in yesterday. All of the
clty's witnesses have not been used vet.
Mr.. Helm said last night that he had
proved by the most trustworthy citizens
OF Wichita the absolute unworthiness of
the road to exist In its present condition.
He had proved, he said. that the system
was almost worthless as far as traffic
was concerned that IT was dangerous TO
human life, that it was a DESTROYER of
ana menace to private property, and
that II had no right to longer exist
under the ordinance creating the fran
ehise The various phases of these proofs
were furnished by such witnesses as
Judge Stratton, who testified that his
morse was scared by a car and threw him
into ditch and again It was shocked by
loose currents of electricity on the sails.
0. H Bentley. who testified that a live
wire broke loose in front of his resi-
dence and played among the leaves that
he was raking at the time. setting them
ahre and creating much danger to life
and property. L. w. Clapp, who testi-
ned that he would not let his family ride
on the North Main street cars for fear
Of accidents while the trucks were drop
ping into the joints of the track. John
Reese the insurance man. w. II. Throck-
morton, John Knoblauch, S. B. Amidon
and g. S. Ashbaugh each testified to the
bad and dangerous condition of the track
and cars
The plaintiff also proved by City Eiec-
trician McVay the electrical defects of
the system. which were numerous and
very dangerous to property and life Mr..
McVay testified that the return current
is made by way of gas mains instead Of
the natural way and that In this manner
gas pipes have been ruined and have be-
come constant source Of trouble and
expense both 10 the gas company and the
city. The mains are thus affected by
electrolysis, which eats great holes In
them. allowing the gas to escape and
find its way to the asphaltum pavement,
running II. A large section Of the pipe
was exhibited to demonstrate Mr. Nc
Ways theory. Geo. Stats of the gas
company, also testified on this point.
None OF the defendants testimony was
introduced yesterday, but,wiu be used to-
day, It is thought. From appearances, |
It IS quite evident that the company will |
spring some surprises. as It IS well back |
ed by legal talent and proposes TO make !
a hard fight to retain possession of the |
streets. In case they do got win, how
ever. It IS predicted that speedy arrange !
nents will be made with Mr. Davidson |
and Colonel Fitch by which they may get /
possession Of the streets and the plant |
Mr. Helm IS assisted by Attorney Smyth, |
and the company IS represented by At
.orney Kos Harris. assisted by J. V.
Oougherty. It is thought the case Will be
finished 70 day