Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1864-12-08


Hart, should pay said Smalley out OF said trust
fund when they, the said Cheever and Har.,
should obtain possession ofthe same, large snn
Of money, which the orators aver 10 be one haa'
dred thousand dollars, together with other 'afse
sums OF money expected 70 be realized 81 the
great injury OF the orators and the other ho.f'-s
and owners Of the 'ad bondS secured b. ~
hrst mortgage.
And further setting firth that the said Cteests
and Hart, in iurtheraree Of the same fauSaleEi
intent, and further combining as aforesaid r'h
the individuals Aforesaid, have a, diyers u
made application 10 divers other persons, h. :.
and owners OF said bonds, and those int "et'
IN the management ~ said railroad, or -
INTEREST," in, or hers thereon, or claims tht
and eorrupty 0ace2yorea tVindpoe said pc q n
10 AID theIi tie sid Cheeyer and Hart, Ia g-.
curing the posse OF said properly, fer the par
pose Of procuring ale thereof 10 the said oass-t
yer and Hart, ~ their own names, or IN the nane
OF same other person persons, for their benent,
an trauaLleu' " and eorrpptly PROMISED such
persons thai they, SAID Cheever AID Hart, vonl4
share With them the profits which might thereby
And further setting 70 III that the said Chsever
and = T. fur. Ter combining as aforesaid on the
3lst CAV of March, 1868, With the corrupt intent
afore aid filed bill OF complaint IN the court o.
Chaneery, within aud for the county OF kat.aad,
against the Rutland AM Burling ton Rai.roaa
Company, d A Smalley, ard E.A Chaplin, and
otheis, therein claiming to be entitled 70 the pos.
session Of the premises, and praying 70 be plsceS
by sone form Of decree in the pc, sessian OF the
same, and for other relief, and that thereafter
wards, thinking they could better aeconpl 40 tas
sa d fraudulent purpose before some other Chan-
cellor, caused the said bill TO be discontinued.
And further setting forth tina. afterwards Ga
the c3i day of July, 1868 the sad oheevet and
Hart combiniT as Aforesaid Al with the IL aud
ulent inteat Aforesaid, hled CERTAIN eth.r OIL ~
complaint Ia ,he court OF Cbaneery within and for
! the county o Windham, OF the tame pnrport OF
| that so dh o. liinaei n the county Of Rutlane,
and IL erein praying Tor snbstant aIiy the same
relief; that the I'D birehar and SteTart, deten-
I "a 4bar IN g.
| tn ( testimony vas taker, ami a long, eNpenNVe
and protrae.ed heating wa had on the apghcs-
ton of said Cheeyer ard Fart Tor tn possession
of said railroad ard property, and FOR rec lYert,
| all OF hich Prayers and motions were, after saeh
fall hearing ,denisd, ane said bull ofeomslatniwas
dismissed.
and Hart sting in the corrupt intent Aforesaid
an combiaing as aforesaid, and avaiing them
selves of the aid otthe laid Smalley, IN urslaace
Of the corrupt bargain AFORESAID have brought an
other bill IN Chancsry, made retsrnaole at the
March term of the Rutland County oours, A. D.
lSS4thersin alleging substantially the same tactss
and praying for substantially the same re isi,w,tl
the same fraudulent design Of Obtaining the pos
session OF said broad and proper " and with the
same corrupt intent of avail ng themselves OF some
form of decree by said court to be made, enable
them 10 sell and dispose of SAID property
And further setting forta that the said jheevsr
and Hart threaten to prosecute said sui, ana 10
bring other ults, until their said corr y design
trust property, and in fraud CT the right OF the
3 | orators.
. And further setting forth that all uir
are brou GIT and main aimed only in Nv ofssid
Cheeyer and Hart and such of tie - it-ates
as may and do come In and join with tn - .aex
said fraudulent intent and purpose, hare
. from excluding all others,the bondho nde,
said FIRST mortgage. who DO not, har 'lu5 ans
will not jon with I'll n their said corrupt Dag
gains and fraudul n intsnts.
e And further setting ferth that they have re lsof
4 ~. Ahref kaaa H.. ~au
, and Hart will succeed by ana through the corrupt
4 means and pratt ces Aforesaid obtaining shs
= possessiOn of said rara ad and property, without
Il right thereto and for said corrupt poses a1es
o restl aiped ~ the injunction OF this coart
4 Ana yraying that the defendants may ansye
d the premises, and that the said Cheever ana
d Hart may be removed from being trustees ande
n she said indenture, and be perp .tuaiy enloinet
d rom any further interference with the properly
e premises, rights and interests, conveyed by SAT-
first mortgaga, and from taking possession Of tn
{. same, or any part thereof an from com nancin,
IF any suit, 10 Law eauiy. or pros cutting any SUI
a in lav or ecui heretofore com DenOed AID na1
i pendir e. or hereafter 20 ne Commenced for tn
n purpose of obtaining any possession OF the Sal
II property, or of asserting any rights under OF o
j. virtue of said indenture; and that trustees ma
lie be poinss5 in the place ard stead Of said Chse
yer and Hast; and that they may BE- decraed .
IS e. ecute and deliver 20 such persons this Hon
.. orable Court nav nominate, order aai a; pom
at such deeds Of release, surrender, assignmen, Q
III quit-claiu or ether convey anee OF the said PR
u perty. rights and tnteresf, as tta HoIordb
m Court shall order aod direct Al for sucn 9th
Id | and further relief as this Honorab eeur. sha
= | deem meet.
h And it a pearing that til said James che4ve
William I. Hart, Jacob Edwards, Jr., JOHN
er Farlow, Joseph NJ. Wightmaa, Dwight Foste
be George G. Lord, william II onss, and ]. Amor
at Davis reside without the limits aud jurisjicnc
be lf this State that PEI sonal service OF said b
d. ofcomplaint aud subpoena cannot be made ips
ct them
n. 1t is ordered by the CART tina. notice OF II
he fling and .udsnGy of said bill Of ctmpiaint, al
lie of the issue of said sabpoena B.: given tetsa
DIS James Cheever, William I. Hart, jacob Edward
in Jr.,J ohm s. Farlow, Joseph M. Wightman, Dug
in Foster, George Q. Lord, William Thomas aud
be Amory Davis,by publishing the substance Of sa
r. bill and this order in the Rutland IIerada nsv
lie paper published in Rntend, in the co.. z
nd Rutland, and state os Vermont; the Bost.t ] ~
n nal, newspaper published in Boston, Z
ro- Commonwealth OF Massaohu etts and tn ~
he York Times a newspaper Published in Z eli
D. county and state vi New York, for three wee
re successive ely, the last OF sad publications. 70 be
m least three weeks before the term to whlen ga
nd sur,,,ena is returnable as aforesaid
az natsa Al Rutland Aforesaid this 18th a.
Is. n -''''A F. &. HOPKINS, Cerr
- Du~xy Joycs Solicitors tor Orator.,