Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-07-17
HEAD OF B. & 0.
SERVED SUMMONS.
Legal Aides Wage Vain Fight
to Relieve Willard of Going
to Rockville.
BY WILLIAM J. WHEATLEY,
star Correspondent of The Star


munication lines burned In vain be-
tween this town and Baltimore yester-
day afternoon in an effort to relieve
Daniel willard, president of the Balti-
more & Ohio Railroad, from the neces-
Sity of appearing here today to testify
| in the controversy now pending in the
Montgomery County Circuit Court over
the use of public park lands of Takoma
Park, Md, by the railroad company to
facilitate the unloading of heavy freight
from its cars.
Deputy Sheriff Gingell of Rockville
left here early yesterday for Baltimore,
where, it was said, he joined with a
sheriff of Baltimore and went to the
offlces of President Willard and served
the summons. Immediately the legal
machinery of the Baltimore 81 Ohio
company began to function and mes
sages were sent to railroad counsel
here. The taking Of testimony before
Kenneth Lyddane. examiner in chan
Gerry, was abruptly halted when Will
liam r. Prettyman Of counsel for the
railroad announced that he desired to
have counsel and the examiner confer
with the court. After several minutes
in Judge Peters chambers the CONFER
ence was concluded.
Smith Obtained Summons.
The summons has been issued at the
direction Of j. Bond Smith, corpora
ton counsel of Takoma Park, and he
insisted that the railroad president
should respond. It Is understood that
strong efforts were made to have Mr..
Willard excused.
A long array Of railroad witnesses
kept up. q constant stream Of testimony
before the examiner yesterday. They
were, for the most part, receivers and
handlers Of freight at Takcma Park
While generally they testified that the
North Takoma siding. the one in con-
troVerSy, was q necessity, practically all
of them admitted under the cross-ex-
animation of Mr. Smith that the neces-
sity was fathered by the failure of the
railroad company to provide adequate
facilities for The handling of freight at
the Vine street siding in Takoma Park,
D. C.
The first witness yesterday was z.
Norman Jackson. former town sur
veyor OF the Takoma municipality. He
testified that in 1898 he made for the
town survey Of the area in which the
park land is located, and that in making
it he used as a basis the plat OF the
Takoma Park Land Co., showing the
park lands which the town contends was
dedicated to 1t by the filing of the plat
tention in the suit.
J. H. Van Houten, a member Of the
town council in 1904, told the court that
there had been an increased amount of
unloading at the North Takoma siding
in the past few years, but did not
notice particularly any excessive noise
except when coal and stone was being
unloaded. He said that no action was
taken by the town council while he was
member toward examining into the
question of using the park lands for
freight unloa ding
Preference for the North Takoma sid
ing was expressed by J. Carey Dimmock,
purchasing agent for the Washington
Sanitarium, because of the congestion
at Vine street, in the District.
Used for Convenience.
Reception OF coal at North Takoma
was had as a matter of convenience for
his organization, r. W. Connard,
superintendent of the Review and
Herald Publishing Co, testified. He said
that his building was about one-eighth
of mile from Vine street and about
one-half a mile from North Takoma.
He said that he could not receive coal
at Vine street because there wasn't
room to handle it.
intendent of the Merchants Transfer
81 Storage Co., Washington, said that
his firm had not used the siding since
before the war, when much household
goods were unloaded He said. however,
that from his observations, there had
been O considerable increase in the
freight unloading there within the last
month or six weeks.
Gordon w. Bonnette, president Of the
Old Colony Laundry, said he received
deliveries Of supplies daily at North Ia
kOma but on roSs-examination adj
mitted that his freight receipts were
less than carload lots, and added that
he did not believe that they were de-
livered at North Takoma. He testified
that his plant was only about 200 yards
from the Vine street siding and half
mile from North Takoma. He said that
he had received heavy machinery at
North Takoms, and when asked why
he said that he received q shipment
there about two weeks ago, but that he
would never receive another one there,
because the inadequate facilities pro-
vided made 1t more costly. He admitted
that If the same facilities were provided
at Vine street as are available at North
Takorna he would prefer the former.
Tells Of Complaint.
Herbert B. Hendrick of Woodside,
Md, of the Hendrick Motor Co., at
Takorna Park, said that he used the
siding at North Takoma from 1922 to
1924 for unloading automobiles. On
cross-examination he said that while
he was a member Of the Takoma Park
town council that body received a
complaint about the unloading OF coal
for Walter Reed Hospital, and that he
made a motion before the body that
the commandant at the hospital be
with q view to abating the
nuisance.
Martin f.. Iverson,, member of the
Takoma Park town council. building
contractor and assistant building in
spector of Montgomery County, said
that he had received building materials
at North Takonna and gave list Of
other local people who received ship
mentS at that siding. On croSS-ex-
however, he said that he re-
ceived as many shipments at Vine street
as at North Takoma and that he had
never given any instructions as to
where cars for him should be spotted.
Naming the three business centers in
Takona Park, he said that all Of them
were closer to Vine street than North
Taknpna