The New York herald., 1869-05-19
SUE AGAINST the WESTERN UyIOy TELE.
GRAPH COMPANY.

CINCINNATI, May II, 1ssy
The suit OF II. L. Davis against the Western Union
Telegraph Company waa commenced TODAY. The
action Is brought 10 recover from the defendaots
500 for breaking up the plaintiffs business AZ a
stock reporter from which IL Is alleged, he derived
an income OF 200 per month In opening the case
Il. NJ Corwine on behalf OF the plaintiff stated that
in the years 1886 aud 1867 Davis was en- yaged IN
this city in furnishing slock reports OF the condition
OF the market in the city OF New York to yarious
persons.
The news was despatched over the wires of The
Western Union Telegraph Company by Mr.. Thomp.
son. gentleman acting In New York for the plain
tin, In kilograms and cphers unntelligible to any,
body but himself and Mr. Davis, as it was deemed
important that valuable Information, gathered at
such expense and SKILL should be kept secret from
parties charged with the manipulation of the BAT
teries at the various points along the ine The busi-
ness nad beea originally done In tue name OF the
Stock Exchange Company, but 1t was transferred to
the palntii, and IN April, 1857 contract was made
with defendants TO convey the reports tile wires
In the form presented TO them.
Court-Was the contract IN writingi
, Couhsel-lt was not. The defendants conceived
tne idea tnat the business was too Cd thing for
them to pass by, and being great corporation,
aud desiring to take to themselves all The profits
tly tney commenced by notifying the plaintiff
tat II ne would surrender the list OF customers to
them they would pay him 50 much week. Ihis he
declined, and they next proceeded to use threats
and signifed that tney would make nun understand
they controlled the matter, When he no Iled them
that he should hold them TO accountability ia carry
ing out their Contract soon afterward they organ
iled the commercial news department the object
OF which was " do this same business and 10 break
down the piainth One OF the means by which ley
proposed To accomplish the purpose was by charging
each letter Us word, whlcn mad never been done
before, and by a series Ol annoyance5 and DELAYS in
the transmission OF messages they finally broke up
his business aud compelled hun to take situation IA
another Office.
Judge Collins. on behalf OF the defence said the
gist OF this action for wrongful and unreason-
able delay IN the transmission Of messages between
the 17th OF April and the I'D OF May, 1857 and tile
defendants denied any such delay between these
dates III the business OF the plaintiff Is o ven.
der 0f news declined after that date. 1t was not be-
cause or any delay In the transmission OF reports,
but because OF the superior facilities which the COM
mercia news department OF the Western Union Iele-
graph Company formed by the Associated Press,
posse ,sed Tor furnishing news from parts OF
United States aud from Europe by the cable. The
organization OF the commercial news department.
was suggested IN consequence OF complaints made
by the public that the news received through indi
vidua agencies was not reliable, and that there had
been tampering with the employees Of the telegraph
company. Tne evidence Will proceed to-day. Cor
wine Il Corwlne for plaintiff; Collins Heron for
defendants.