The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1905-06-27

ing, when Louis Pau said that for fort
years there was no objection to Peep
using that piece of ground.
! Oscar Elliott, who went to Riverside
1866, said the road was composed priI
cipally of one track, but there was ROOF
to turn out. Many people passed ths
point, some of them going to the station
One of the openings in the fence is larg
enough to drive through. Although
had lived in Riverside for So years, h
always knew where he was, but he wa
not familiar with the names of the streets
William Fl. Hoffman had used the Ian
considerably while driving teams, tn
| fence now being where wagons ha
travelled. All portions of the road wer
used, because it was too rough near tn
curb line and too sandy near the railroa
track. In passing over it from time t
time he had understood that the road ha
been improved, including that portion o
the present enclosure People on tn
north side of the street would pass over t
the station without using any particula
path, going by the most convenient way
The road was narrower at one end thai
the other, and in passing through the mar
row part it was necessary to drive on tn
railroad property.
Herman Abort took the stand and salt
he was 65 years of age. Hold on. b.
exclaimed, after some meditation, II an
So years DID," His mixture of German
and English could not be readily under
stood, and by agreement Lawyer Bacol
acted as interpreter. As far back as 1856
Abort hadi walked along the street con
tanning the disputed ground. He Travelled
in the middle and on the outside of thu
street, and there was no obstruction t.
stop him. The witness was soon showed
aside without cross examination.
Martin Schlingwein, when boy, drove
through Lafayette street to the boat, haul
ing farm produce. Sometimes he me
two or three teams and they had nj
trouble in passing each other. He saw
the overseer working on the road in 1875
and he has seen repairs made when HubbE
was the overseer. Sometimes there were
two or three tracks and teafhsters would
pick out the best one The middle track
was between the fence and the houses,
where the trolley road now runs
In the early sixties Henry D. Kreiner
saw hundreds of people pass over the
land without objection being made Be
fore the fence was put up the road was
used for a distance of about 35 feet in
width. Witness said that George Whit
ney was the agent who sold the first ticket
out of the old station erected on the high
platform, to which people would drive
and then walk up the steps
Louis Schmidt had no difficulty in re-
the old high platform, because
he nearly broke his neck by falling from
it when a boy. He said that in 1851 the
road was used as a public thoroughfare,
some 80 feet being occupied for that pur-
pose. A portion of that road now lies
within the land enclosed.
Max Winklespecht said the avenue was
an old road running from Palmyra to Riv-
erside He had noticed repairs on 1t when
Hubbs was overseer. In 1854 the town
was known as Progress. 1t consisted of
bushes, trees and commons and was
owned by Samuel Bechtold, Jr. There
were no paths or streets, and people took
short cuts. The sidewalks and roads were
mostly made by the people themselves,
by dumping cinders, ashes and oyster
shells to make them hard.
Winklespecht was called from the street
for cross examination. He said he had
been employed by Stultz and had worked
On the enclosed property, cleaning it up.
That's all, said counsel. Now, don't
call me again, retorted the witness, 81
am going to Riverside with DR.. Small In
his automobile. work for him, and the
genial German sailed out of the court
room amid laughter.
Samuel Hoffman said the fence inter
tered with the passing of wagons.
L. G. Stecher said the road along the
railroad station, and now occupied by the
trolley company, was the main road run
hing from Cambridge. Taylor's Lane. and
other places. He had seen people travel
ng unrestricted through there as long as
ne could remember The disputed land is
IN the central portion of the town and
years ago the whole road was used for
irving purposes.
Aaron Ward was the last witness for the
The road was not very
solid, and people would pick out the best
irving At times there were three or
four roads there. Sometimes people
would drive very close to the railroad.
The main road of travel was about five
feet from the curb line and then it ex
tended over to the station.
The complainants then rested after of
feIing the photographs and map.
During the noon recess Lawyer Gaskill
argued for a non-suit on the following
points: First, that the proper party was
not plaintiff, because the inhabitants of
the township of Riverside could not bring
a suit for the use of something which was
for the benefit of the public and not ex
clusively for the benefit of the township
This argument failed as the matter has
been settled in other cases that the inhab-
itants of the township are the proper party.
Second, that there had been no dedication
by the Pennsylvania Railway Company,
and that the use by said company and the
public was concurrent, therefore the use
by the public was not an adverse use of
such a character as to vest title in the
public.
The motion to non suit was denied.
In opening for the dt Ut. Logan
Gaskill said he would show tnat the Penn
sylvania Railroad Company had title to
this property, and which they had used
constantly since acquiring the same.
Those using the ground were mere licen-
Sc. and people had asked for permission
to use the same. 1T is not the railroad
company that has made all this trouble, y
counsel commended, 1.-The citizens of Riv-
erside had given away their right to the
street when they permitted the trolley
road to go through town, and to get a
passageway they have encroached on the
property of the railroad company"
William s. Sharp, for seventeen years
title clerk in the County Clerks Office,
produced Book E of Deeds, in which is
recorded the original deed which refers to
a map of the town of Progress, and
which was shown the jury on slide,
being record of the clerks office. From
the deed book nearly all the original map
had been torn out After investigating,
Mr.. Sharp discovered that Captain Walter
A. Barrows had in his possession the mar
which hung on the wall in Mr.. Bechtold'S
office. In order that he might have some
thing official to go by in searching River
side titles, he secured the loan of this maj
from Mr. Barrows and had blue print
copy made in Philadelphia.
Counsel then called attention to ar
agreement between the Pennsylvania
Railroad Company and the Cinnaminsor
Electric Light, Power and Heating Com
pany for the use of three poles on the
tract enclosed by. the fence and signed
by Mitchell B. Perkins. The document
was offered as possessOry act on the par
of the company to show ownership OF thu
land.
Mr.. Barrows took the stand and said ht
was familiar with the titles to Riverside
property. He had the Autograph MAJ
which hung in Bechtolds office, and i
was the map by which the latter sold lots
A deed dated April %, 1888, conveying
land from Abraham Hewlings and wife t.
the Camden and Amboy Railroad Com
pany, and recorded March Z, 1884, EN-
bracing the premises in question, was of
fered in evidence. A deed covering
part of the land in question, dated Apri
81, 1888, executed by Joseph Pierson ant
wife to the Camden and Amboy Railroad
Company Also the laws of 1878, pag
90, validating the lease and contract.
From 1898 to 1900 Wilson Brown wa
superintendent of the Camden and Ambo,
n;,.;o;o- of +ha Danpcvluanio Railroad