The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1903-06-18

The celebrated suit Of the Kingwood
cou company against the West virginid
4 Northern railroad company, J. H
Weaver, the Ironn Coal company and
the Atlantic Coal s Coke company, which
was instituted several weeks ago in the
United States court before Judge Gofi
in chambers and which was postponed at
special session OF court here May %.
came up Thursday morning at II o'clock
before Judge Gof sitting in special ses-
sion as trial judge.
There are a number OF prominent and
distinguished persons in attendance from
this state, as well as other states, among
whom are the counsel on either side and
those interested IN the controversy, be.
sides about twenty witnesses, who Kill
be called upon to testify.
The defendants are represented by P
J. Crogan, OF Kiugwood; Hon. c. +
Sprout, of winiamsport, Pa; and Judge
John H. Holt, of Charleston. Y. G. Rob
inson Is among those who appear for the
plaintiff.
Among the interested parties present
are Henry Haust, general manager Of
the West Virginia < Northern railroad;
William Atkins, of Philadelphia, treas.
urer Of the Kingwood Coal company;
James Starford,of Tunnelton. manager Of
the coal company; W. 7. Blackstone, Of
Piedmont, a mining expert; William
Teters, the mining engineer for the coal
company, and a. N. Lane, superintendent
Of the railroad.
Mr.. Teters took the witness stand
first and testified as to the condition Of
the mines and It's capacity He made
the statement that the mines are in
splendid condition and that the capacity
is one thousand tons a day. His testi-
mony was given in detail and occupied
goodly part of the day.
". F. Goche was the next witness
He Is the owner Of the land upon which
the coal company has its lease. lie tes.
tilted that he did not think the King
wood company was getting it, share q
the cars. but he added that he did not
know the capacity of the other plant
and was not informed as to whether they
received more cars than the kingwood
company. according to their capacity.
L. w. Douahue. pit boss for the King
wood company, was the next witness
He stated that the mines were in good
shape and that his company did not get
a. many crrs as it could load. He had
not left the stand at press hour.
The controversy Is being gone int
in detail and a there is such a lars,
number Of witnesses to be examined anC
lengthy arguments viii be made, it is cS
pected that the trial viii take the re
mainder Of the week, and It may be *
tended into next week.
The plaintiff, in its bill. alleges that
the railroad company, defendant, lmde'
the Interstate commerce act, is a com
mon carrier and therefore comes unde1
the supervision Of an act passed b.
congress to regulate commerce. 1t i
ayerred that J. II. Weaver Is the presi
dent or the railroad company; also tha
|, ne is in officer ana large stoekholder il
2 10 dctsndapt- ~ Syo2panies. He is ac
cused. a. wen as other officers and stock
holders Of the company, OF using undu
and unreasonable preference for the dc
fendaut coal companies as against tn
plaintiff coal company.
The bill relates that the Kingwoo
Coal company began the coal mining bu'
mess at Howesyille on the West Virgin
northern railroad November l, 1900. an
that that railroad Is the only availab
outlet Il is advanced that the presider
of the railroad company, J. H. Weave
induced and persuaded the KingwoC
company to open up mines, giving It 2
surances that shipping facilities wou