The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-02-24
After 27 Hours Deliberation,
Jury Finds for S. S. |. A. in
the South N St. Cross
ing Case.
.JURY'S VERDICT is
TO BE A FINAL ONE
Counsel for Railroad Com
pany Announces No Ap-
peal Will Be Made-Beall-
view Now Rejoices.

With bull dog tenacity the special
jury of the Wayne circuit court, stuck
to its deliberations on the merits of
the opening Of South n street and
after twenty-seven hours deliberation
agreed that the street crossing would
be a public utility. and at 9 o'clock
Thursday evening, Special Judge F.
S. Caldwell of Winchester received
the following verdict:
1--WE, the jury, find for the plain
tiff (South Side Improvement Associa-
tom that the proposed highway will
be a public utility.
I'VE further find that if the said
highway is made and used as public
highway, it will not interfere with the
use Of the defendants tracks, yards
and railroad purposes at the proposed
place of crossing, described in the Pc
tition. to the extent that such use for
railroad purposes will thereby be rem
dered impracticable.
Oliver Beeson,
Foreman of the jury"
Such was the ending, and sensa-
tional ending it was too, OF perhaps
the most important case, which af-
fected business interests of Richmond
tried in the Wayne circuit court in
years. Its effect will be the opening up
of a large strip of territory in Beal1.
view addition, for factory sites, and
residences, which is located west OF
the railroad and between South L
and o streets. That the street open
ing has been finally and definitely set
tied is known as counsel for the c.
and o. Railway of Indiana have an.
nounced that the case positively will
not be appealed.
What Result viii Be.
Whether the verdict will have an
AouO ulICSl 10 Set " Uc uSIuOIl-
strated. The railroad company re-
monstrated against the improvement
because it did not wish to have the
crossing cut into its freight yards. 1t
had threatened to establish the yards
elsewhere than Richmond if the cross
ing was ordered constructed.
Together with the improvements
in the yards. the company expected
to increase its local facilities by con
struction of small repair shop, en-
gine house and the like in South
Richmond. Whether or not some
other point along the road will not
get the yards and other improvements
contemplated here, remains to be
demonstrated. No one in position te
know was in the city on Friday, al
| though it is generally believed tina,
if Richmond is the logical point or
the road for the yards, the compan.
will not select some other point be
| cause a crossing of public utility is
constructed through them.
Just how soon the work on con
struction of the crossing will be start
ed has not been definitely determin
ed. AS soon as Special Judge Cald
we'll prepares the order for the com
pany to construct the crossing anC
the township to construct the ap
proaches to the crossing. it will be OBJ
| ligatory upon the corporation ant
| township to begin the work.
Jury Knew Its Duty.
When the jury retired about ST.;
O'Clock on Wednesday evening there
seemed to be an implied understand
| ing among the members that the,
| would agree on a verdict or die" AT
ter naming Oliver Beeson, of Milton
| foreman, the first ballot was taken
and although no authentic informa
at any time except on the last ballot
| it is understood the vote was slight
| " in favor of the demonstrators Fol
the next twenty hours, it is said, the
| jury was about evenly divided on eacf
| ballot, the change coming in the las
seven. hours and being gradual, thos.
| holding out for the petitioners gainint
| vote dL tiLdc- H5Aoil lily USIOIt
O'Clock on Thursday evening. the jur,
announced it had reached verdict
| Counsel for both sides were summoned
and Judge Caldwell received the yer
| dict In favor of the petitioners. A
no time had any member OF the jur,
i suggested disagreement All seemes
/ to understand that II was import2n
1 tn all interests concerned that Yer
dict should be reached, and the jur.
deliberated with this understanding.
Petitioners for the crossing held !;
jollification after receiving the yer
dict The meeting was held at tn,
headquarters of the South Side I'm
provement association