The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-15

AAthiuOh'i WI any puApOep NhhscNbks
Alleged Monster Fraud-ThurIow Weed
Accused Of Selling the Rights Of Others
Injunction 10 Restrain ThuFIOw Etc.
NEW YORK SUPERIOR CoURT-Judge Robertson.
An action was commenced yesterday which
promises developments of some public interest
A motion was made by s. W. Cooper, counsel for
plaintiffs, for an injunction to issue against the
defendants; which was granted upon the follow
ing afidavt, which explains the nature of the
case:-
CITY and County of New York, ss,-Charles F.
Secor and William H. Secor, of the city of New
York, being duly sworn, depose and say, that
during the month OF August last past they the
deponents, through their agents, Charles A.
Secor, in connection with others, whose
names are as follows, vlz.:-Thurlow Weed,
James L. Pond, Edmund Green, William L.
Riley, and - Conant, agreed together and
between themselves, orally that upon the
obtaining by them, the deponents and the
above named individuals, OF certain concessions
and grants from the War Department of the
United States, viz permission to construct
military and, subsistence, forage, and such other
aid as lay in the province and power of said War
Department to afford, line of magnetic tele-
graph should be constructed from the CITY of
New Orleans, in the State of Louisiana, to San
Francisco, in the State of California, or some
other point on the Pacific coast of the United
States not designated; and that these deponents
and the aboye-named individuals should nave
each an equal interest in the permission and
privileges so granted by the War Department of
the United States. That during the month of
October last past or thereabouts, the Honorable
Edwin Nj. Stanton, Secretary of War of the
United States, granted to the deponents and the
above-named individuals permission to con-
struct such line of magnetic telegraph and
promised all and every such aid as lay in the
power OF said War Department to afford. That
on or ebout the 18th day of January last past
William l.. Riley and = Conant, two of the
individuals above named, transferred, assigned,
and set over to the President, Directors, and
Company of the American Telegraph Com
pany, for valuable consideration, all
their, right, title, and interest in, and
to the permission and privileges granted
as above described by the Hon. Edwin
NJ. Stanton, Secretary of War of the United
States; and that at about the same time, TO wit,
on the 18th day OF January, Thurlow Weed,
James l.. Pond, and Edmund Green entered into
an agreement with the said President Directors
and company of The American Telegraph Com
prny 10 sell and transfer to the said company, at
some future day, and for valuable considera-
tlon, all their right, title, and interest in the
above described grant; and that such sale and
agreement to sell and transfer we're made with
out the permission or consent OF these depo-
nents or either of them. That such sale and
transfer have not yet been consummated by the
said Weed, Pond, and Green. That upon being
duly informed OF the sale and intended sale and
transfer of their several interests by the indi-
vlduals aboye-named, one OF the deponents pro-
tested, IN letter addressed to the Secretary of
the above-named American Telegraph Company,
against the payment of any consideration what.
ever to the individuals so selling and transfer
ring until said company had paid or secured to
him, one of the deponents, to be paid such in.
terest as he represents; and also duly informed
the said Secretary of the said American Tele.
graph Company in the aforementioned
letter OF protest, that they, the depenents, were
equally with the individuals who had
sold and transferred and we're about to sell and
transfer their interests as above described viz,
that their interests were aud are one-seventh OF
the whole. That it was and is the purpose of
the above named Weed, Pond, Green, Riley and
Conant to deiraud them, the deponents, of their
interest In the grant above described by selling
and transferring such grant to the President
Directors, and Company OF the American Tele-
graph Company.
And these deponents further say that they
have commenced an action in the Superior
Court, in and for the City and County of New
\ ork, against the said Weed, Pond Green,
Riley, and Conant, and that the defendants, or a
portion of them, are irresponsible and unable to
respond in damages. CHARLES F. SECoR
WILLIAM II. SECoR.
Sworn to before me this 18th day of January,
LS66.0J0hn Hayes, Notary Public in and for
New York county.
The following is the order of Injunction
NEW YORK SUPERIOR COURT.
Charles F. Secor and William H. Secor VS..
ChuIlow Weed James l.. Pond, Edmund Green,
William l.. Riley, and - Conant. 1t appear
ng satisfactorily to me by the affidavit OF the
February, 1866 that sufficient grounds tor the
rider OF injunction exist, do hereby crder on
notion OF Sidney W. Cooper, ESQ.,, of counsel |
or the plaintiffs that the defendants be and they
ire hereby enioined and restrained from selling.
transferring, OF assigning, or from consummating |
my agreement, verbal or written, to SELL trans.
er or assign to the President, Directors, and |
Company ofthe American Telegraph Company or |
o any party or parties whatsoever their several |
lights titles, and interests in a'certain grant of
he Honorable Edwin NJ. Stanton, Secretary OF |
Var CT the United States, OF a permission and |
light to construct line of magnetic telegraph |
rom the city OF New Orleans, in the State of |
louisiana, to the city of San francisco, in the
state of California; or from receiving from the
aid president, directors, and company, or either
II them, any sum or sums of money, or other
aluabe consideration whatever, for or on ac-
cunt of their several interests in said grant
ntil the further order of this court; and in case
# disobedence to this order you will be liable
o the punishment therefor prescribed by law.
ANTHONY l.. ROBERTSON
Chief Justice Superior Court.
SIDNEY W. COOPER, Plaintiffs Attorney.
New York, February H. l866.-N. y. Herald