Every evening, Wilmington daily commercial., 1906-05-07
MICH TESTIMONY TAKEN
a,s 1000 Typewriter Pages, and
" thousands Of Exceptions Noted
Before the Examiner,
lRauMENT6BEFORE CHANCELLOR
wnl Not be Heard Until Next
September.
asE MAY GO TO THE SUPREME COURT

rbsre seems to be very great mis-
..s-sbension as to the time when the
oio n Daniel Bubenzer vs.. the Penn
ssolvanis or (P., b. q w. railroad can
Tbs testimony taken before the ex-
miner has just been concluded and
,,.,rrned by him. The time con-
,sme5 in taking this testimony has
s.sn about 100 days, and about 100 wit
.sssss have been examined. Over
am typewritten pages of testimony
I've been taken and thousands Of ex-
a.ntions noted before the examiner
VA 10 be decided by the Chancellor.
n addition, there are possibly a
thousand pages Of various exhibits and
,ty directories and records galore.
1ii the city and county officers have
bsen ransacked and whatever touched
an the matters in controversy in
induced in evidence.
In order to have a final argument on
M merits Of the case before the Chan
.sIor prior 10 September, the examiner
Vould have had to make his return on
March Doth last, and at that time not
hlfthe testimony for the railroad had
bsen taken and signed by witnesses.
The Chancery rules require that the
testimony shall be in at least six days
bsiore the term at which the argument
h heard for final injunction, so that
September is the earliest time the
Chancellor can hear the case.
All the hearings which have taken
Mace heretofore are preliminary
kirmishes of the lawyers, and while
he final argument cannot come on
until September, there will be much
work done before the court meanwhile
in clearing up the reported testimony
snd getting the record in shape for
final adjudication. On May DIST the
hearing on exceptions 20 testimony
sready taken will begin and probably
this branch Of the case will be con-
euded in three OF four days. The law
ps will then get their briefs ready
lor the final argument in September.
Whichever side the Chancellor de-
riies against will probably take the
use TO the Supreme Court, which
reets next January, and that court
generally decides in June cases argued
before it in January. Willard Sauls-
bury, counsel for Bubenzer, notified
the Chancellor on Saturday that he
vould probably except TO Examiner
Cooper's return for Irregularities,
and all the testimony might have to
be taken over again. Bubenzer's at
torneys have until the first three days
Of the September term to do this, so
that no time can certainly be fixed
when this case will be finally argued
before the Chancellor.
It was recognized as long ago as last
December that the case would not be
ready for argument before next Sep.
iember' as the time fixed and agreed
upon by counsel on both sides was toe
long for the examiner TO make his re,
turn to the March term.
The injunction obtained by Bubenzei
projects his property and a IA fee
nght Of way over what he claims il
Water street, but if he wins all h
contends for the whole of Wate
street, between West and JustisoI
Streets can only be used by the rail
ioad for surface tracks, and theyEwil
nave to arrange for the elevated rail
'oad on their own right of way.