Danville intelligencer. [volume] (Danville, Pa.) 1859-1907, 1904-10-07
PRELIMINARY.
HEARING

ami continued throughout the day, an
Interested crowd filling the Court
room. Numerous witnesses and experts
gave testimony and exciting events III
the work of Thursday evening, Sept
ember %, when the frog was placed
by trolley workmen and Danville cltlz-
lens eager for the trolley roads con-
struction, were exploited. Among other
sensational incidents was the flour
ishing of a revolver by d. Il. & W.
official. Close cross examination
brought out the many objections to the
overhead crossing proposed by tho rail
road people.
A large number of D. L. 81 W.. Off
oials arrived on the 9:l5 train. In the
party were Il. NJ. Rine. Superintend-
ent of the bloomsbury division. Chief
Engine, Lincoln Brush. Division En-
gineer G. j. Ray, Division Roadmas-
ter Scotield. General Roadmaster p.
Bowling, Chief Special Agent j. Il.
Adamson, Surveyor NJ. II. Dowdy and
a largo number of trainmen, engineers,
surveyors, etc.
The plaintiffs we're represented by
Ex.Judge L. N. Willard of the Lack
awanna county court, A. ID. McClin-
tok, OF Wilkesbarre, and Hon. II. M.
Hinckley of this city.
MIR. Hinckley asked permission of
tho Court that the sixth clause of the
bill in equity offered by the d. l.. u
W. company be changed to read as fol-
lows:
"Thnt W. F. Pascoe, @. e. Lippe,
W. @. Billman. and r. II. Koch are
partners doing business undor the firm
name of the Standard Construction
Company and are engaged under con-
tract " ith the Danville and Blooms
burg Street Railway Company to con-
struct for said company it's line of rail
way and are now engaged in the said
construction, and have so located it's
line of railway as to cross the railroad
of the plaintiff at grade on Mill street
in the borough of Danville and have
declared their intention to cross the
tracks OF the said plaintiffs on Mill
street at grade and in said construc-
ton, with that intention in view have
almost reached the track of the plain
tiff at that point and have unlawfully
and by force torn up the rails of plain
tif's railroad at said Mill street cross
ing and endeavoIed to place in posi-
tion grade crossing over the right of
way Of plaintiff, greatly to the injury
of the plaintiff s tracks,
Counsel for both sides agreed that
the testimony taken in both cases
should be applicable to either after
which Mr.. McClintok read the differ
ent acts relating to merging of the
Lackawanna and b Bloomsbury railroad
into the d. L. 81 W. railroad.
E. M. Rine, superintendent and A.
E. Diehl, an engineer, testified that
the D. L. g. W. railroad crossed Mill
street. after which Station Agent G.
W. Eggert was called.
Mr.. Eggerts testimony was to the
bu6Cb tndb lilS CIOseibB was uotu q
great deal and that much traffic passed
over it. He stated that eight passeng-
er and six freight trains passed over
the crossing every week day, besides a
number of extras.
Division Roadmaster Richard Sco-
field of Kingston, was next sworn. He
testified that it was necessary to be on
the track before train could be seen
coming. And that at this point the
track was in sight for distance of
750 feet in either direction.
Mr. Rine on being recalled stated
that though business was rather dull
at present, it had great possibility
of increase. He stated that 3S trains
a week were now being run.
M. II. Dowdy, Engineer and W. o..
Moser. draughtsman we're sworn to
identify number of blue prints made
for the company by them. The maps
were offered rs exhibits and showed
the location of various streets, build
ings etc, relative to the case, as we'll
as dimensions of Mill street in lengths
and widths from the culvert TO Bloom
street.
A number of photographs were alsc
offered as exhibits. There were in all
nine views.
Division Engineer G. j. Ray testii.
ed that a view could be had of 5Ss
% kha e, To-
when on Mill street crossing and CSC
feet west and that it was impossible
to see a train until within five feet OF
the crossing.
At this point Court adjo irned until
/ 80 p. m.
John Dineen, tho ID. l.. & W. cross
ing special watchman at Mill street
was the first witness when Court con
vened again at 30 p. m. He narrat.
ed the events of the laying of the frol
mt this crossing, which are all wei
known to the people of this city. HI
testified that he received crack il
tho forehead when romoving ties
which were thrown back on tho tract
more rapidly than they were taken off
George Eggert, the ID. L. & W. sta
tion master, who was on the stant
in the morning was recalled and CAV
testimony similar to that of Dineen
but added that W. +. fascoe directed
the work for the trolley company. FL
told of the arrival of the d. l.. 81 W
% q. ,,s
the running of the engine on the cross
ing while ties were being thrown il
front of it. Attorney Scarlet's ques
tioning brought out the acknow led G
ment that the witness had drawn
revolver, but he denied pointing it a
Mr.. Pacsoe or any particular person
and said he drew it while on the com