The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-02-15
Attorneys for S. S. |. A. and
the G.. & O. Railroad Have
Legal Sparring Match in
the Court.
COURT PAYS VISIT
TO DISPUTED TRACT
Counsel for Petitioners Ayers
Railroad Has Not Ob-
served the Terms of Its
Contract.

Progress in the legal controversy
between the South Side Improvement
and the c. & o. of Indiana
railroad over the opening of the South
N street crossing is very slow in the
Wayne circuit court, where the case
was taken on appeal from the county
court. Hindrances to
the admission of certain evidence be-
ing thrown by counsel for both par
ties interposing objections to the evi-
dence. Just at present these objec-
tions are more frequently made by
counsel, inasmuch as the as
sociation is now examining its wit
nesses.
John Hanselman, director in the
was the first witness on
the stand who gave evidence other
than that on record in the Offices of
the county auditor and county treas
urer. His testimony in general was
to prove that the South End was
building up rapidly and that the street
crossing would be matter of public
utility.
A List of Factories.
He listed the different factories
which the association had brought to
the south part of the city. Included in
the list are the overall factory at Sew
enth and South H streets. the Chan
delier and Art Brass works, and the
handle factory both on South ] street,
tne Tndian RehniHg company IN the
lower part of Beallview addition, the
National Automatic Tool Works and
other smaller concerns On request OF
the examining counsel he proceeded
to show the number of street and 9th.
er improvements in Beallyiew and ad.
jacent territory which the associa'
ton had taken a leading part in secur.
ing. He pointed out the necessity for
opening the street for the benefit OF
property in the west part of Beallview
addition and particularly to the tool
works factory.
At the Tuesday afternoon session
County Recorder Will Robbins and
County Auditor Demas Coe were or
the stand the greater part of the at
ternoon. About o'clock the jury and
Special Judge Caldwell of Winchester
accompanied the counsel for both
sides to the Beallview addition where
they were made familiar with all con
ditions from a personal inspection. II
was felt that such a visit would bene
fit both the court and jury in under
standing technical descriptions anG
the like. A map of the Beallview addi
ton, with the railroad lines and pro
posed yards has been placed in rec
crayon lines on the floor directly il
front of the jury. 1t is referred tt
constantly by attorneys.
A Fine Point Raised.
A question raised by counsel of the
railroad company in argument to the
judge on Tuesday and which will have
a vital connection with the outcome O
the case in all probability was, If lane
was dedicated to public use of a rail
road company, could municipal bod,
put a hindrance on the railroad!
right of way which would render i'm
possible the use of the land for which
it was intended. Such action the S
is. ]. A. proposes, the attorney said
and he contended it would be illegal
He claimed the ground which is be
ing contested for was dedicated TO
yard purposes of the railroad com
pany. He said the defendant corpora
ton would show South N street wa
not public utility.
Another point which was brough
up by the petitioners for the opening
was that the railroad company ha.
not assumed all of the obligation
which it promised to when it aske.
Richmond for subsidy which wa
given. Among the provisions whicl
the railroad company has failed t,
carry out, and referred to by counse
for the complainant, was that n,
quick steam motor service had beel
installed as promised. This servic
the complainant alleges, was promise,
by the builders of the road, for fire.
quent and quick passenger service be
tween Richmond and nearby smal
towns along the railroad
The jurors were admonished at tn
conclusion of the Tuesday session no
to discuss the case and allowed to re
turn to their homes. Hereafter du,
| ing the trial, the court will convene a
| 9 o'clock instead of at 10 o'clock