The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-07-06

]. H. Rittenhouse, civil engineer, en-
ployed by the Scranton and Northeast
ern Railroad company, swore that the
creek which the plaintiff calls Green
Run, and which is to be the source of
supply for the reservoir. does not carry
enough water. even in the best seasons,
to supply the town of Moosic, as is
contemplated 1t shall do. He also tes-
titled that he Is familiar with the creek
and knows that it is dry most of the
year.
He was corroborated very strongly
by A. d. Blackinton, civil engineer,
who, on account of his connection with
the Erie and Wyoming Valley railroad,
which crosses the creek, had thor
ough knowledge of IT.
Mr.. Blackinton did not know the
creek by the name of Green Run. To
him 1t had always been known as Dry
Valley Run, and as such was marked
in all the maps. 1t was called Dry
Valley Run, Mr.. Blackinton explained,
because there is little or no water in it.
TRYING TO SERVE BOND.
The last witness for the defense was
Joseph O'Donnell, a clerk in the office
of O'Brien & Martin. He was called to
testify that he was sent by the attor-
neys of the defendants TO give the
| notice Of seizure and the indemnifying
bond to Annette Reynolds and, that he
had carried out his mission as far AS
he was able, Miss Reynolds refusing to
accept the bond. There was a long
| drawn-out fight over the admission OF
| this testimony, the plaintiff contendng
| that as Miss Reynolds was not the
owner Of the land at that time. it was
| lmmaterial whether or not the notice
and bond We're given her.
| The defense contended that the evi-
dence tended TO show they made an
effort to proceed regularly and that
| they did so to the best of their ability
Judge Kelly admitted the testimony
with the remark that he could contro
its effect.
At the opening of the afternoon scs.
sion, G.. V. Boughton, secretary of the
Scranton and Northeastern Railroad
company. was called M the stand by
the plaintiff as for cross-eXamnation
and he was under examina ton unit
court adjourned at O'Clock
| The REORGANIZATION tended to elici
| information that would ground an as
sault on the defendant company's riGh
to build their road. The PLAINTIFF trieC
to show that the line was chartered a.
a trolley road, where it was necessary
to enter longitudinally upon streeta. al
in the cities of Wilkes-Barre and Pitts
ton, and as a steam road, where il va.
necessary to exercise the right of emf
nent domain.
THE DIFFERENT COMPANIES.
In the city of Wilkes Barre, tn
plaintiff contended, the defendants ar,
the Wilkes-B Barre Street Railway com
pany. Between Wilkes-Barre and Pitts
ton, they are the Central Valley Rail
road company. Between Pittston ant
Scranton. they are the Scranton an,
Northeastern Railroad company. II
Scranton, they are the Connell Parl
and Speedway Street Railroad com
pary. Between Scranton and Carbon
dale they are the Northern Lackawan
ma Railroad company. Practically tn
| same men comprise the directorates o
all these companies. it was argued. an,
all the men in these various companie
are in the Lackawanna and Wyominl
| Valley Rapid Transit company, an or
ganization chartered "to operate rail
|
motive power In or out of the state O
New Jersey, in any state in the Unite
States, the District OF Columbia, tn
territories or colonial possessions o
the United States"
This 1t is being contended. is illegal
and in attempting to cross the plain
tiff's property with a railway thu
chartered, the defendants are not act
ing in good faith with the powers tina
Incorporated them.
CIRCULAR SHOWN.
A circular purportng to be issued h,
the Lackawanna and Wyoming Vale,
Rapid Transit company, setting fort
that all these roads We're to be operate
by that company and inviting invest
ors to take stock was shown Nh
Roughton but he repudiated it, sayin
he did not know who prepared or is
sued it, and denying that it was pre-
pared or issued by the LaCkawanni
and Wyoming Valley Rapid Transi
company. He had seen the circula
and few copies of it had come L
his office. He had them destroyed, an
understood that some copies that foun
their way to the Transit Contrac
company's offices in Philadelphia ha
also been forthwith destroyed. He di
not know whether or not any step
had been taken to learn how the cir
culars came to be issued.
He was also shown map in whic
all these various roads from Carbon
dale to Wilkes-Ba We're connected
up, and which purported to have bee
prepared for the use of WESTINGHOUSE
Kerr, Church & Co., sub-contractor
for the electrical equipment, under tn
Transit Contract company. Mr.. Bough
ton denied all knowledge of tho map.
Mr.. Boughton was on the stand a
adjourning time The hearing will b
resumed this morning, Major Everett
Warren and f. C. Newcomb appear 10
the plaintiff company. The defendant
are represented by ]. f.. Burr an
Joseph O'Brien, of this city; II. A
Fuller, of Wilkes Barre, and Mr.. Gil
. OF Read, Petit & Co., of Philadelphia
To Enforce Contract.
u.