New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-06-29


been made with the view to strengthen the said comp..
and enable IL efficiently and successfully contend vi
the INSCRIPTIONS competition and the obstacles wbn
nave been ntefPosed by the existing express companes
press Company fully TO accomplish the purposes o. t
organization ana 10 place t upon footing beyond ali
ness with profit to its stockholders and with safety 10 bs
public. '" '"o
And these defendants further answering sav a..
although at the time they their said bsins
operations they had assurances and promises from
part OF the country OF business large amount ~
business has, in fact greatly exceeded In amount ain th
said promises aud assurances, and all the expectatons
And these defendants further ans verinx saw tba, r.
deny, and each for himself Denies that the said Comna
insolvency, that the said losses Of the said Conns
are runous wiz become rulnous by the further npasy
continued Prosecution Of it's business sy sys that
dispensabe to save the said Company from loss and 10
the money which they have paid and TO save tile puho
from extOron and abuses of the other
And these defendants, further answering deny and each
ior himself denies that they or any Of them have been
secretly and coyerty or otherwise endeayong for soma
az any une p 70 b usd and dis
Companies, that they have made any proposals. 10 tha
Companies or either Of them and especially do they deny
that they have made proposal in substance thatk
the said other Companies would give said defend
ants, or any either OF them, million and half OF the
stock Of the said other three Companies, any other
amount, the defendants would, a once, at any time
wind up the BUSINESS OF the said Merchants Union Ex
press Company sell its property pay its dehs as far as
they could, and divide such resdapm, II any az there
mghtb among the associates retaining for themselves
million and bali Of stock as their reward for their
reachery to their assocae and they deny that any suoa
similar proposition has been made by them or enter
tanned by them; on the contrary they that being
intimated or reported that some proposal OF kind
had been or about TO be made by come in behalf
OF said three other Companies for
arrangement with the said Merchants Union Express
Company, at meeting Of the Executive Committee held
the 22d May, 1867, upon motion Of one OF tAe de-
PENDANTS, the following resolution was unanimously
adopted:
ment with either all Of the old express companies be
had by the managers Of the Merchants Union Express
Company excepting such as will alone involve the esab
llslnent of a tariff between the companies that shall
bring profitable business to the stockholders Of this
And these defendants further answering deny the said
defendant Slocm upon his own knowledge and the other
defendants upon information and belief that the said
PENDANT Sl0cuu, In anticipation OF any proposition being
accepted and eOnsummaed ordered to be purchased for
him In the market in the City OF NewYork 1000 shares OF
the OF the other said three companies any
Der OF shares Of said stock with the expectation Of It's be-
ing enhanced in value, with any other expectation or
that when said offer rejected said SlOcum ordered
much OF the stock had been purchased to be sold And
the said defendant sOcum expressly that he has
had any knowledge of the tendency Of any proposal from
the said Executive Committee or any member thereof OF
the character mentioned in the complaint at any time
or that he has ever purchased at any tne any stock Of
the three other companies expecting 10 prOnt tnererom
ny the contamination OF any arrangement DetWeen me
other three companies.
And the SAID defendants further answering deny that
they either or Them at any time ever expressed any
willingness 10 effect airy arrangement upon any terms;
or If they could receive for distribution among them.
the said three companies other amount OF the
said stock that either Of the said defendants expressed
any expectation az any time, or claimed to be entitled TO
receive any portion OF any such stock that either Of
the said defendants expressed at any time an expectation
of being compelled to leave the country and reside III Eu
rope ia consequence OF any arrangement, the odum
which would attach TO him by reason Of any arrangement
consummated with the other express companies as afoe
said And thew deny that any proposal Of the character
mentioned in the said complaint has been at any Tune
and they deay, fully and particularly, each and every
allegation OF the said complaint IN respect 10 sala
pretended proposals and any action theIeSn d t tI
OF the said Merchants Union Express Company met
together at Cleveland Ohio on the 6tn Of june 1901 ana
subsequent meeting at Auburn during the same month OF
June, isd7 at the former Of which meetings the Trustees
made report the stockholders VI the Merchants Union
Express Company and at the latter OF which the execu
tive committee addressed tho stockholders OF tne saa
Company. and the said papers were drbnted sud GU,
cuated among stockholders OF the said Company oul
they deRy that any either Of the statements MADE ~
either Of the said papers WIS or Il untrue ps. ou zig
contrary they aver each and every one OF the sag
documents is true in ali respects Aud hey dey ns
any time any paper document has been issueu 70 %
circulated among the stookhodeI containing uhlu'.
as to the financial condition OF W. SAID company "a ~
relation to its business or prospects or any " s
ument against the protest Of the said defendant oe"
ard. .r sav and tia
said Sc ward for himself says, that the SAID oeiehdsn
Seward has acted concert with and acquiesced M az
the acts OF the Executive Committee and mas sned az
tine naners and documents which have emanated from
or been issued circulated BY the said E1eseYe coI
wherefore the said defendants demand judgment thai
the said complaint be dismissed, With costs
No CO Broadway, n. Y.
VIM f. Alien. George F. Comstock, OF Counsel
Of Heh York oily and County o. nete- fors, S.
Emore F. Rose, VIM. n. seward, jr., william " BeartS
lev John Y Knapp. Henry " socum Clinton 4 Baekus.
Elliott O. stork and John A. Greene, lr, aeienuants ~
fhe action being each eyeraly and duly
sworn doth each for himself say that he has heard reaa
the foregoing and knows the contents thereo
as TO the matters which therein stated upon lnorS
ton and belief and ~ those matters he believes "
L ID Ross c. +. BACKUs,
" IT SEWARD JR HENRY W. SLoCUM
j. n. KNAPP, MA Z. bbAhD5 n,nox
JNO. A. GREEN, JR., ThEoDokE ~ fV@HA"''
T.. c. SroRK, 49,, .... -, .,
June 1867. - ,. -. ~ york
JAMES W. Poe, Notary Public for County OF New-l osS
Subscribed and sworn 10 by Theodore NJ rouleiV' 10
fore me, this 2sth day OF June, 1861. . -, 90,
ELEAzAR MILLER, Notary Public New-forK County,