The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-22
THE LOTTERY WAR.
BEN'S FAREWELL SHOT AT MORRlSSEY.
Another Suit in the Supreme Court-Mr.
Wood Feels Contrite and is About to
Throw Up the sponge-He Gets
Morrissey in Chancery First
and Judge Cardozo Acts
as Second.

Rem Wood seems, when backed up by an ener-
getlc judge his second" to be about as invinc
BILE as his burly and laurelled antagonist the Hon.
John Morrssey, ex-M p. r. and NJ. G. On Monday
new complaint was drawn on behalf OF certain
parties and yesterday upon presentation of the
complaint duly verified and the ailidavits OF Henry
Cotton and Samuel T. Dickinson. Judge Cardozo
issued another mandate. which Is presumed TO knock
M0rrissey out of time. The complaint is drawn IN
the ordinary form almost similar to those preced-
ing it, but charges in addition that the defendants,
Morrissey, Anderson ana Zachariah 4. Simmons
have conspired to defraud the plaintiffs by obtain
ing control and possession OF the business; that
the appointment OF Morrissey as receiver was eff
fected by their cousion that at the time OF secur
ing said appointment said Morrissey, Anderson and
simmons we'll knew that the order appointing Wood
receiver In full force and effect. ana that the
transfer Of the property by.Morrissey to william l..
Simmons was pretended sale and conveyance for
the sum OF SIS ooe and that the price far less
than tho actual value; that such pretended sale was
fraudulent and void, but Is held by said W. L. Sim
mons for tho benefit OF Anderson Murray ana T. T.
Simmons, &c.
The following are the alridayits and injunction:-
Supreme Couat-Clty aad County or NeD
Us. zacaariah T. simmons, Charles IT, Murray,
. WLntam G; France, James Seacart, isaac
Basch, Francis King, Reuben Parsons, Marcus
A. Litteu Benjamin s. UnIsey, James S. Wat
son, charles II. Murray zacnartan p. sim
G. r. stoeenev ana G. S! Ho,rard John Morrissev
Wuhdm Z. simmons and John Anderson.--
and Samuel I. Dickinson OF the city and county Of
New York being each seyerally duly sworn did de-
pose and say that the plaintiffs these deponents)
and defendants are associated together In business
in community Of interests and profits, except tho
defendants, John Morrlssey John Anderson. william
L. Simmons, Lewis Davis and Zacharlah 4. Simmons.
That before the commencement OF this action, and
for long time prior thereto the plaintiffs these de-
the owners and proprietors OF certain franchises
commonly called and known as Lottery Grants"
authorized and issued by the States Of Missouri,
Kentucky, Delaware, Georgia and louisiana And
deponents further say that they Informed ana
believe that they and the defendants as aforesaid own
II similar way other similar franchises or lottery
grants issued by the Legislatures OF other States the
particulars of which these Opponents are unable to
of these deponents and defendants as aforesaid.
Deponents further say that the said lottery grants
were and are as these dcp0nents are informed and
believe and aver, based upon special and specific
statutes or legislative enactments of the States of
Missouri Kentucky, Delaware, Georgia and Louisl-
authorizing certain parties CORPORATIONS
divlduas named therein, to raise money by lottery
for municipal improvements. educational purposes
and other lawful or moral objects. and that, as
deponents are informed and believe, and aver, the
benefit and privileges OF those legislative acts have
been and were assigned or otherwise transferred I'm
wrlting) for valuable and proper consideration by
or from the original grantors to the parties through
PENDANTS derived title before the commencement of
this action. DepOnentS are unable TO set forth the
date, OF said respective enactments OF their names.
but refer therefor well as for the provisions Of
those enactments TO the printed volumes OF the
laws OF said several States. in pursuance OF the
statutes In such case MADE and provided. Depo-
nents further that they ore informed aud believe
r 1n ue 81 y sa ana soe in
prior to the commencement OF this action; that they
sill subssring and likely to continue for years
to come; that the principle upon which said fran
chises were ana are based was and is not contrary
to, but consistent with sound policy and pubic mo-
70 fbn htaI tod hu HASA dam
meats and said defendants under said grants was
and 10 fully legali1ed ia and by the said states
lawful property within said States respectively,
aud 80 treated and respected; that contracts
grants ana franchises, IN reference u theTeso
or In any way affecting them directly
projected ana sanctioned and by the laws Of SAID
several sa:es respectively that by the laws OF SAID
several states respectively said grants and fran
mortgage or other transfer like personal property,
generally by, or from the original grantors and their
translerees, and that as property thus impressed
with the character Of personal property, they have
been, were, and are OF great pecunlary value De-
ponents further say that before the commencement
OF this action the said lottery grants consd-
cred to be- and were divided into 100 shares,
twenty-five OF which shares the deponents were
belores and on that day The absolute and undsputed
owners, and that the residue OF said shares were
owned by some of the defendants IA depOnents are
informed and believe, and IN addition to said grants
or franchises deponents and said defendants afOre-
said are the owners Of a large and valuable amount
!
amount or which IS within the Jurisdiction and con-
troll OF this court, but the particulars OF which depo
detail. Deponents further say that during
the period that they have been and were
connected with the said lottery grants the
FOR tie benefit vi themselves and co-owners in the
name and under the style OF c. H. Murray Co., the
profits and losses thereof being apportIoned among
the said owners according to the number of shares
owned by each OF them respectively according to
their respective interests in the SAID grants Depon-
further say that agencies Deen and
established throughout the said several States
are Tor the beneat and on the responsibility
OF the principals the owners OF said grants.
daily TO thelr PRINCIPALS. who nave to MAKE GOOD
any prize drawn oy the purchaser Of said tickets.
That the said business involves very heavy daily
expenses, the precise amount OF which deponents
being ignorant cannot set 1t FORTH and that liability
upon prizes drawn ts very great and incapable OF
and do believe and aver, that with the various incl
dents and appurtenances thereof, the business done
by aud under said grants, by and In the name OF q.
IL. Murray Co., amounts In the aggregate to
raj millions OF dollars with corresponding liability
and responsibility propOrtoned TO the several
shares owned by the said several parties. That the
management OF the business has been carried on
under the name OF G. II. Murray 3 Co., and that tho
defendants, zachariah II. Simmons and Murray,
claim to exercise and have assumed the manage
nens aud control or SAID business, under and by
virtue OF pretended deed OF trust acting though
they were really the owners ana propreLors OF
said iranchises That the said Zach0riah f. SIM
mons a9d Murray seeking nnd striving to obtain
the sole control OF the agents aud agencies and will
not deter 10 exercise Of authority on the part
OF these plaintiffs. That the defendant Zachariah
H. simmons, the = day OF December 1899,
entered the principal Office OF q. III. Murray q
Co., No. 2of Bowery, city of New York, and
has taken physical possession OF the books
and property OF deponents these plaintiHs and said
Defendants and carried them away, and removed
them bey oad tic reach OF these plaintiffs. That
deponents Informed ana believe. the said defend
aats Murray and Simmons have directed the cores
0ondcnts aud agents OF q. IL. Murray Co. 10 direct
~ letters pertaining to SAID business TO some other
place unknown to deponeuts. other than the
said general Office. That the satd q. ii.
Murray co. nave for long Time past
deposited the moneys pertaining 10 SAID busi-
ness ia The First National Bank OF New ork, for
aud ON account of the First National Bank or Jersey
CITY, \. j. That within short time past the
moneys 30 deposited have been withdrawn or have
been Withheld from deposit by SAID defendants Mur-
M nAn q