The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-02-23
Received Case Late Yester-
day Afternoon but No Ver-
dict Reached Yet-Expect-
ed to Disagree.
TWO REQUESTS WERE
MADE OF THE COURT
Jury, Asks to Visit Site of
Proposed Crossing but
Turned Down-Then Ask
for Instructions.

Upon request of the jury made this
afternoon, the instructions of Judge
Caldwell were read again. The in
structions set forth mainly two points
for the jury to settle-whether the
street would be a public utility, and
whether the opening would destroy or
impair the value of the railroad yards.
Evidencing the fact that there are
several members whose ideas and con-
clusions do not coincide with those Of
the others and that disagreement
seems probable the jury in the Wayne
circuit court. which heard the petition
of the South Side Improvement IS
sociation for the opening of Sou.n N
street, through its foreman. Oliver
Beeson. sent word by the bailiff to
Special Judge Fred s. Caldwell about
$3.50 o'clock this morning asking that
it be granted the privilege Of visiting
the location of the proposed street
opening. The reason assigned by the
foreman for the request was that 1t
was desired to secure some first hand
information regarding the situation.
Judge Caldwell Immediately sum-
moned counsels for the improvement
association and the c. and Q. rail-
road, which so bitterly fought the pc
tition, and a conference was held in
the court room. A decision was soon
reached to refuse the request of the
jury. This was probably on the
grounds that the jury personally in.
spected the location of the proposed
cut during the time the case was in
hearing, under escort Of the attorneys
Goes to the Jury.
The case was submitted to the jury
last evening about s o'clock. Late
this afternoon after many hours of de-
liberation no verdict had been reach
ed. No intimation as to what would
be the outcome was received with the
exception of the jury's request. which
was taken to mean that there was
quite difference in opinion among
some of the members. Predictions
that the jury would disagree were
rife during the day.
There was quite a gathering in
the court room this morning about
nine o'clock when it was enormously
announced a verdict had been reached
during the evening and would be re
turned More interest seemed to be
manifested in the case than in any
which has arisen in the Wayne court
for some time. AS time progressed
and no verdict was reached, those
gathered in the court room began to
leave, and only few, those vitality
interested in the matter, remained
| throughout the day.
Is Good Jury.
Judge Caldwell in conversation in
the court room in the morning declar
ed that in his opinion the jury was 9
very good one. He said that he be
lieved it to be the best obtainable in
Wayne county.
Attorney Henry u. Johnson in q
very able argument bristling with
satire, closed for the demonstrators
| the C. &. o. railroad. yesterday after
noon. He was followed by Attorne,
Perry Freeman, closing for the i'm
provement association, who made ey
cry effort to allay the effect OF John
sons powerful speech.
! The final picture left by Attorne,
Johnson was the Beallyiew addition
| as he said, the south-siders woulG
| have you see it--filled with the
homes of the workingmen. who poured
forth as the proverbial bees il
swarms. resplendent with industries
and altogether one of the brightes
spots on Richmonds map-and theI
as he saw it on Inspections large
stubble field, spotted here and there
by a desolate house, and presenting il
general barren outlook. Nothing il
the past, nothing at present. Mr.. John
son declared he would call it Prospec
addition rather than Beallyiew addi
| tion.