Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1908-08-20
THURSDAY. AUGUST 20, 1908.
JUDGE HENDERSON AGAIN SETS
Aside Verdict in Mcpherson Inquisi-
ton and Railroad Company is
Forced to Surrender.


The above caption states the situa-
ton in the Mcpherson inquisition in
few words much to the chagrin and
disgust of all those who know any
thing about the matter. lisa queer
situation indeed when "a men in two
different jurics make awards So l3.9o
and $500 respectfully for the a acres
of land taken by the railroad through,
what everyone who knows the land
to be, avery ordinary piece Of ground.
It's true the railroad divides 100
acres in about equal pieces, and it is
equally true that this same railroad
confers benefits on the Auburn tract,
amounting in dollars and cents to
from $1,000 to 5000. The different
jurics allowed for a full and ample
price for the land taken and for Il
tirst-class fence on each side of the
railroad, and with all that the court
sets aside both verdicts.
The Mcpherson situation is in
marked contrast with the action of
every man from Lcwistown to his
tract-somc of whom were positively
damaged by tn, railroad. For in
stance, DR.. Ne.ghbors gave right Of
way through his farm for $3.50 and
took stock of the company, Alex.
Ramsburg S262 in cash, Americas
Wilcs' heirs S142 cash, Geo. \. Is
anoglc $500 cash, Richard J. English
so cash. In other words the cash
paid by the railroad for all these
rights of way for over , miles did not
amount to as much as the McPhcr-
sons tract. There was not Il scintil-
Ia of evidence presented to either jury
showing that the neighboring farm
crs who were witnesses for the rail
road company had any prejudice
against the Mcpherson land or against
Mcpherson personally and they came
forward and testified to the value of
the land from SIS to S25 per acre
and that the land could be fenced
for Sl15 to $500. They also testified
that he was not otherwise injured
or damaged by the railroad company,
but on the contrary he was very
greatly benefited. They were all
men Of sound jugdmrnt and good
neighbors. At the first inquiSition
but one witness testified on behalf of
Mcpherson; at the last one, no one
was present to testify. Before the
Court the last time, Mr.. Lewis :.
Clingan, who lives in Frederick, tes-
titled it would damagr the SO-acre
tract s. per acre; Mr.. ID. c. Wine
brcnner and Mr.. Harry Wittcr also
of Frederick, testified to the same cf
feet. Mr.. A. W. Burkhart Of yellow
Springs, whose land the railroad had
to condemn right of way, also tos-
tilted on behalf of Mcpherson. Not
a single local man was presented be
fore the Court to testify as to values
or damages.
We are pleased to give below the
names of the two jurirs who viewed
the land and gave their vcrdict:> !
FIRST JURY.
Messrs w. Nash Young, M. f. Kefau-
yer, Fred. kechler, Chas. H. Miller, &.
w. Van Fossen, |. M. Hahn, Milton En-
gle, George Albaugh, George Wachter,
Emory Bell, H. c. M. Smith and Theo.
Beusing.
SECOND JURY.
Messrs Harvey Lease, Martin Kefauver,
Clarence Phleeger, William Lebhertz,
Zach. +. Zimmerman, Willard f. Cutler,
Samuel V. Doll, Albert B. Routzhan,
Horace E. Staley, Milton Rice, Charles
E. Derr and j. F. Eisenhauer.
The railroad company rather than
litigate further, has settled with Mr..
Mcpherson, in order that the CON
tractors might 60 on and work, and
it is expected that the track will be
laid to the 'Fcathcrbed"> road by
Saturday night.
A QUESTION ONLY.