Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-07-19
CLASH ENL|VENS
/ SIDING HEARING
Takoma Park Attorney Re.
sents Charge That He An
sWered for Witness.
By WILLIAM J. WHEATLEY.
STAFF Correspondent Of The Star.

Takoma Park over the use of the lat
ter's public park lands for freight un-
loading were colored several times yes
terdey by heated clashes between OPP
posing counsel. and once when wit
ness enormously believing he heard one
of railroad counsel apply to him an
Englisa word of contempt. the witness
to know whether the term had been
used before he would proceed.
The first sparks from the clinking
Of the verbal swords came when Will
liam Stanley, of counsel for the rail-
road, asked the witness, Frederick
Hawkes. of Takoma Park, if there were
any other lots in his subdivision which
could have been purchased for less
than the one he bought. J. Bond
objected to the question, on the ground
that no foundation had been laid In
the examination to show that the wit
ness knew the prices of other lots.
You should not suggest the answer
to the witness" admonished Stanley,
whereupon Attorney Smith jumped to
his feet saying:
IT resent any such remark as that
and I don't intend to have 1t repeated.
You haven't laid the foundation for
the answer by asking him whether ne
had the information"
Another Clash.
Again the proceedings flashed when
DR. Llewellyn Jordan, also Of Takon1a,
was on the stand. Mr.. Stanley asked
the witness If he had written to con-
Signees of freight who received 1t at
the North Takoma siding, in an effort
to have them cease. When DR.. Jordan
responded in the Affirmative, Mr.. Stan
1a1y folI hxy j,1ta
whether it had ever occurred to the
witness that he was interfering with
the business of the Baltimore & Ohio
Railroad and was thereby making HIM
self subject to an action for damages.
Corporation Counsel Smith jumped to
his feet and objected to what he termed
an attempt to 1ntimidate the witness.
Residents of Takoma Park, most OF
them living across the street from the
siding or contiguous to it, occupied all
of the time yesterday in the proceedings
before Kenneth Lyddane, examiner in
chancery. They testified that the sid
ing was little used before the war and
to the conditions prevailing at the pres
ent time, describing them as "hellish."
terrible" "intolerably and insufferably
bad" choking" as they detailed the
heavy materials in trucks. beginning
early in the morning, with Its accom-
panying oaths and epithets from the
truck drivers and laborers.
Not Used for Long Time.
Mrs. Mary Parker Leary, who said she
had lived directly across from the siding
since 1911, testified that at that time
and for a long period afterward it was
never used, and that grass was growing
on the land in controversy. She said 1t
was used at intervals of years for the
placing of cars occupied by construc-
ton gangs. During the war 1t was
much used by Walter Reed Hospital for
the reception of supplies, she said. and
subsequent thereto other people used It,
She described the conditions as very
most unsightly If DR.. Jordan hadn't
kept 1t clean by raking up and removing
the debris thrown out of the unloaded
cars She said the switch was length
ened to accommodate the work train.
On direct examination, she testified
that collections had been taken up for
the improvement Of the strip, and that
1t had been improved by planting.
When asked on cross examination II
the town had ever exercised any super
vision ever the strip, she told the court
that local firm had placed railroad
ties there which were removed by orders
of the town council, and under the
direct supervision of two OF its men,
bers. She cited other instances of
supervision of this kind, and said that
grass had been planted on the strip
In question. Mrs. Leary also said that
two weeks ago number of trucks had
been parked there at night without
lights and in some instances were on
Takoma avenue. She said that she
called the mayor to report 1t, as she
feared some one using the highway
might be killed by striking them.
Efforts of railroad council to get her
to admit that when the construction
trains were there, the employees had
and egress, failed. She insisted that
they came to and went from the train
on hand cars, or used the path on the
railroad right of way.
Started in 1921.
DR.. Jordan testified that the first
real evidence he had Of extended use
of the siding for unloading freight was
in 1921, and added that it had increased
considerably since the institution OF
the present suit. He told the court that
residents near the siding were driven
into their homes by the clouds of dust
which foated over the neighborhood
as an incident to freight unloading
operations. He said that he would not
have bought his property If he had
konwn of the existence Of the siding,
and if he had no interest in property
he would still work to have the freight
unloading stopped as matter of civic
interest. He told the court that he took
-his daily dozen by cleaning up the
debris thrown from the freight cars,
and prepared, he said, the first petition
to the town council seeking to have
the freight unloading stopped. Or.
Jordan added that he should have re-
quested at that time that the park be
improved rather than asking for an
abatement of the nuisance which he
did at the time. He said. on cross
examination, that there had been dis
agreement among the citizens on the
siding question, but that the election
had shown the majority in favor of its
removal, and identified letter he re-
ceived from President Willard Of the
railroad, in which the latter said that
the company was In dilemma on the
question because of the division of
thought among the citizens, although
the company wanted to do what the
citizens wanted.
Mr.. Hawkes. testified as to the noises
incident to unloading and of the dirt
and debris left. which the railroad
made no attempt to clean up. Railroad
counsel occupied much time in his
cross-examination In an effort to COM
pare the value of Mr.. Hawkes. property
and other sites in the neighborhood,
going into much detail. Prior to pur-
chasing the property he said he lived
with q neighbor for 10 days and no
ticed no use Of the siding. He moved
there, he said, In 1922.
Mrs. A. j. Cory said she had lived on
Chestnut street. near the siding, since
1885 and remembered when the switch
was constructed. She testified that 1t
was put in for the purpose OF side
tracking passenger trains. and was not
used for freight until 1915. In 1919,