The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-07-09
THAT ROCKY GLEN TRACT
Mr.. Fuller Brings Out Some of It's
More or Less Interesting History
at Yesterdays Hearing.

If it wasn't that that very sarcastic
Mr.. Fuller of the Luzerne bar. was a
might he tempted TO rise up and say
he was a bold, unnice person.
Yesterday, in the hearing in the
Rocky Glen injunction case, before
Judge Kelly. he had the effrontery to
attempt To bring out by documentary
and parole testimony that Arthur
rockingham was not acting in good
faith when he projected a reservoir
across the right of way of the defend
ant company.
Why in the world Mr.. Frothingham
could want TO block a railroad, as Mr..
Fuller would slyly intimate, is not dis
closed. but be that as 1t may, Mr.. Full
Ter tried to make it appear to Judge
Kelly that it was to block the railroad,
rather than to construct really-truly
water plant, that the reservoir was
projected.
lie showed that early last year.
George a. Lee, one of the promoters of
the new road, had dealings with Mr..
rockingham regarding the securing of
right Of way through the tract in
question; that on May "a. of last year,
Miss Annette Reynolds. in whose name
the property was held, made and ac-
knowledged q deed to the Glen Ridge
Cemetery association for this aforesaid
tract of land; that no one could be in
duced to do any burying there, and the
cemetery scheme was dropped. and that
after the route of the railroad was laid
out, the reservoir was dedicated so that
the breast of the dam was twelve feet
below the line of the railroad
The unnice Mr.. Fuller further made
it appear that Mr. rockingham knew,
as is commonly known. that a railway
can not exercise a right of eminent
domain against water company's s
right of eminent domain, and can not
condemn property used as a burial
ground or place of worship.
Now Mr.. Frothingham." drawled
out the inconsiderate Mr.. Fuller, you
have, as we see, incorporated yourself
as cemetery association and a water
company-please tell us when you pro-
pose to have yourself Incorporated as
place of worship"
Prior to Mr. Frothingham's eXamin-
alton the defendants put on the stand
j.. A. Hoffman, a Wilkes Barre civil
engineer, who told that while he was
surveying for the new road carly last
year he encountered Mr. Frothingham
and Miss Reynolds on the tract now
in dispute and was told that he
coull rot run a line through there as
1t was cemetery. Hoffman replied
so he says, that the law against seiz-
ing cemetery for railroad purposes
was no. operative until there had been
some buridls made. To this, came the
rejoinder so Mr.. Hoffman declares,
that Just as soon as you people make
move with your railroad we'll have
some stiffs in there, all right"
Later Mr.. rockingham took the
stand and denied having made this
above quoted utterance, and Miss Rey
nolds averred that she did not re-
member any such conversation.
Attorney l.. w. Thayer, who drew
up the deed for the transfer of the
plot to the cemetery association was
called to the stand and produced the
deed.
He could not say that 1t had ever
been delivered. The plaintiffs con-
tended that it had not been delivered
dropped before the association had a
single meeting, because it was thought
Lest to cut up the tract into building
lots.
George A. Lee, Major r. F. Penman
and Civil Engineer Rittenhouse were
examined at length regarding the op-
erations of the road. They told of it's
substantial construction and that from
II o'clock midnight until 6 in the
morning, it was proposed to run
freight on it with big steam locomo-
tlNes furnishing the power.
At the opening of the hearing, yes
terday, another interruption came to
give the plaintiffs a chance to show
that the defendants were still con-
temptuously disobeying the injunc-
tion restraining them from going on
the disputed land. The testimony to
prove this disclosed that guy rope
holding derrick located on an ad-
joining tract was recently tied to a
tree that the plaintiffs claim is on
their land. The defendants will make
answer this morning.
- . -