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The Auburn Branch


From the Chenango Telegraph of Norwich, NY
Thursday, May 11, 1876


A 'CIRCUS' ON THE MIDLAND
A Car Seized by the Tax Collector at Cuyler - A Midnight Melee -
The Car Rescued and brought in Triumph to Norwich - What will come of it.


   Last Saturday afternoon and night witnesses a 'scrimmage' upon the Midland's Auburn branch, at Cuyler, which was most amusing and laughable, and withal slightly serious in its consequences. Some little difficulty has been experienced at Cuyler for some time, growing out of the non-payment of the taxes by the Railroad company. Considerable litigation, in a small way, has come out of the matter and so far as we can get at it the real state of the case is as follows :

   Some time since, the Collector of Cuyler sought to enforce a levy upon the railroad property, but was restrained by injunction from proceeding to extremities, the Company claiming that the amount of the levy for 1874 (still unpaid) had been illegally reassessed against the road. However upon a hearing before Judge Murray at Delhi ( NY ), the assessment was declared good. Then the collector sought to enforce his claim, but was met with the new objection that his warrant had expired during the pendency of the assessment question, viz, upon the last day of march, some forty days or more ago.

   Notwithstanding this, on Saturday last as the afternoon train was on its way to Cortland, preparations were made at Cuyler, to enforce the collection of the Tax by a levy upon some of the cars comprising the train. Conductor Shattuck having a lay off over Sunday, Baggage Master Stebbins was in charge. Approaching Cuyler he saw one or two ladies and gentlemen apparently waiting to take the cars, but no sooner had the train stopped than thirty or forty men rushed from their places of concealment, and by direction of the tax Collector, boarded the train, some of them blocking the wheels of the Mail car, and others uncoupling the only passenger car attached to the train; this accomplished it was blocked up at both ends with ties, plans, rails and whatever material was at hand.

   Against such odds of course the train hands were powerless, and quietly submitted to any treatment which their captors saw fit to inflict. In a short time, however, all but the passenger car was allowed to proceed to Cortland, and thence back to DeRuyter for its lay up. At Cortland word was at once telegraphed to the superintendent's office in this village, of the state of affairs. A telegraphic parley was at once had with the Collector, who would not even accept the offer of the officers to send a locomotive to draw the car from the track upon the switch.

   Finding it necessary to see that the track was 'clear', an 'expedition' was fitted out for that purpose, leaving the Midland depot in this village about midnight on Saturday. The force consisted of engine No. 40, and one coach, filled with a number of railroad employees, and some twenty-five or thirty boys, and young men who were on hand for 'fun and a scrimmage' if any such thing was 'up'.

   Passing up the road a speed of thirty miles an hour soon brought them to DeRuyter about four miles east of Cuyler. Here the engine was turned and placed on the east end of the coach, and the train slowly and cautiously backed towards the scene of action. Coming near the station the train slowed and the steam pressure was reduced a so that the inhabitants of that quiet town might not be unnecessarily disturbed at that unseasonable hour in the morning. 'Pickets' were thrown out, and the switch wad discovered to be all right.

   It was but a moment's work for the supple engineer to back up to the waiting car, which had in the interview been secured by being drawn upon the switch, and ties fastened upon either end by means of chains and other contrivances best known to the initiated. Approaching within a few feet of the car a bright light flashed upon the scene. Collector Petrie interposed his body and pistol as an obstacle to the further approach of the train. Finding this availed nothing he pointed his pistol to the head of the rear brakeman with the threats to shoot if any further advance was made. He was met with a laugh and a bounce.

   He did shoot, - twice in the air and twice upon the ground. The cars came together with a crash so great that the chains were broken and the coupling secured. Thus commenced the fun. The car was garrisoned by the party in occupation, and the war whoop was sounded in all directions, guns, pistols, etc., were fired, and the people rallied from every point of the compass. Then the 'boys were let out'.

   Collector Petrie was next seen beating a hasty retreat down an embankment nearby, without being at all particular as to whether he went on his head or heals. A Cuyler man hit a Norwich boy over the head, and all went in to punish each other the most in the shortest time. Finally all was ready, the engineer sounded the whistle, the boys mounted the train, and with two or three good strong pulls, the coveted car was pulled over all obstacles, struck the track and away it went over the switch, which it had hardly passed, however, before the coupling separated.

   The engine again backed up, but before the coupling could be made secure another 'circus' was had with the sleepy watchers in the car who had just taken in the situation. It was all to no purpose, however, for in a few minutes the cars were moving along rapidly towards DeRuyter, and the discomfitted and vanquished Collector's party only recovered from their astonishment, as they were saluted with fireworks from the smoke stack, and an unearthly scream of victory from the whistle of No. 40, to see the coveted car 'whirling up the valley'.

   Though the 'army of occupation' used pistols and guns freely, not a shot was fired by the attacking party, indeed it is not known that any of them were armed other than those nature provided them. Arriving at DeRuyter, medical assistance was procured, and the slight wounds the boys received were properly dressed, and then they hied themselves away for Norwich with one more car they they took up, regaling themselves with the liquid and solid refreshments so hastily abandoned by the watchers, and about 4 o'clock A.M., they wheeled into town well pleased with their exploit, and detailed its particulars to those who were interested in knowing how they 'cleared the obstructions from the track'.

   The serious side of a question always follows the funny side, and so it is in this case. An illegal and unwarranted attachment of a car, has been followed by an irregular re-possession of it, though we believe it was a skirmish on the part of the attacking party without authority from the principal officers of the company. The amount of tax sought to be collected was $1,700, and to avoid further worry the company have spiked the switches at Cuyler, and all trains pass the station at twenty miles per hour speed. Truxton too has had its experience in the same line and it is not even a flag station now, though we believe an arrangement has been perfected by which trains will soon stop there.

   On Monday, Baggageman Stebbins was arrested at Cortland, five men swearing that he was one of the attacking party, when in fact he knew nothing about it, but was quietly sleeping at DeRuyter all night as many citizens there will be able to testify. Whether he will be released without bail is yet impossible to state, but we presume the officers upon finding out their mistake will say 'go'. The 'circus' has been fairly opened, each side had had a 'victory', and we trust for the benefit of all that the matter will end where is.




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