The New York herald., 1869-05-26


| place him alongside OF Armstrong. That did not
look as II DAVIS was degraded But Armstrong tried
lowed Davis in all their transactions nom the day Of
this difficulty until he had to give up his business OF
be ruined 4 he undertook to carry It on longer But
necessary for to prove that dispatches after being
received were delayed Ave. ten or fifteen minutes.
In the operator can put his own time on them; and
are you ready to say tins was right because 1t had the
spatches to suit their own interests How could they
send message from No. 70 Broad street around
to No. l4o Broadway in two. three or Ave minutes
pecally in such institution as that on Broadway,
where they can scarcely get through their
dispatches were sent. They are Introduced
here and are claimed to be significant of the time
OF facts for the purpose Of determining whether there
was any systematic warfare to break him down in
MS business Going back now 70 the month OF
motives for inhdelity in this regard. and il
is'S thus case @ whether /. is true A' that there
were afterwards issued the written orders that
which these men transacted business with Mr..
Davis, and, when satisfied on that point, you will
pass to inquire whether the written orders controlled
the verbal ORDERS you determine their status at
that time. do not care whether delays were made
mony Of Mattoon and the circumstances that sur sur.
rounded him, and their conduct towards him, show
they intended to mo move MIN om the
as the friend Of Davis, might not communicate to
Davis what was gong. Why remove Mattoon Il
because Mattoon was favorite Of Dayisf II
it was, It shows they were not as honest
could have been their motive In removing himY
Mattoon says he was sent up stairs because he was
supposed to deliver Davis messages rather expe-
And now, gentlemen of the jury, have endea-
vored to show you in this hurried manner nothing
here and beg you, in your endeavor TO do justice
to these parties not to ignore the fact that they con-
one partcIe Of testimony IS IMPAIRED By e
animation. Grace's testimony shows not only that
circuits were established and Tompson's business
singular fact. Grace says 1t was for the pur-
pose OF preventing Tompson from going there.
The wire was removed from Broad street
for the sole purpose Of delaying his kilograms.
Yesterday my learned friend commenced to say q
great deal ABOUT the benefit which the commercial
news department was exerting upon the public
mind; that business men were now able to get de-
spatches at lower figures than previously that 1t was
been crushed out; moro than that they argued this
was like the case OF the omnibus that used to ruu
from Cincinnati to Pendleton before street railways
were established. Drivers complained Oh the street
railroads, blocked them up ART demanded damages;
but the court would nQtEiye them damages because
WV was 0rsy sAso OF iar competiti9n ana one
the ae/iault OF the who had not the
best means for the transportation OF passengers.
you, 1t seems to me did not give you credit for good
sense or discernment. In what respect that case
them. Davis is engaged in furnishing news in Cln-
cnnatl through the medium and agency OF the tele-
graph company; The telegraph @ wires, Wires are open to
an omnibus line ana this case Is that the man who
started street railroads has nothing TO do with
ming the omnibus line. He had no preference there;
no stock, nothing to do with 1t any more than you
have with my business. What is the difference The
m 5e Of 10 ovee ee tber
lines. The institution IS not exclusive, though
sy rsSs Sn to It, but they ne are aSect aeS 70
agree to take my message they are bound by law to
deliver 1t as expeditiously as possible IN order that
value consists in the expedition with which 1t Is de-
livered and especially 80 II they have messages or
the same nature which they may distribute IN ad-
vance OF ours The men who started street railways
had nothing to do with the omnibus line but the tel
egraph company did take a contract from us by
which they stipulated and agreed to deliver our
messages, in the language OF the acts Of the Legs
lature OF this State and OF New York. In the order
they are received and with expedition. when they
thing In advance OF US, they violated the law and
subjected themselves not only 10 suit for damages,
but in my opinion ther charter could be taken away
from them, because their obligation was that they
should deal with all men fairly aud alike. They vio-
lated the laws as much as though they had taken
message OF another man and sent 1t over the lines,
inasmuch as Tompson's message lost its value In
trustee, bound in good faith towards Davis in trans
mission OF his message; whereas the man VINO ran
started street railroads for violating any obligation
toward him or the law. There was not, then any
similarity In the two cases and the argument must
says they were doing great benefit to the COM
munityEthat they were ,,.r;i reducing prices
Prise prise they 'AVa We're not doing it for their
profit, but solely that the public might be bene
hundred dollars year for his subscriberss Were
they worth thatf II not they would have been very
far from offering It, can you say aaas Sss DAYS. n Is os
figures representing his loss or damagef Why,
there stand the figures longer and boder than their
sand two hundred dollars year as bonus for his
subscribers for the privilege Of furnishing the de-
doubt they were worth one thousand two hundred
dolarsf And YET the gentleman tells you the pur-
pose was not 70 advance the interest Of the COM
wants money; they don't charge anything on rail-
roads or for kilograms; they all do business for
Orton, the president, being teegraphed to on the
subject said he doubted much the policy OF the
an elephant on hand that it did not pay as much
he thought lt would, and he was willing to give 1t
up. Does TINS look as II they were anxious 70 run
the Western Union Telegraph Company doing Dusi-
ness for nothing upon the scale here represented
They are clever, good men; know them well; but
they working for corporation Chat mas no soul.
but very large pocket and they seem to be labor
ing industriously TO Ill that pocket
| now wish TO call your attention TO more signin-
cant argument than any have stated with respect
to the telegraph Conpany's dolngs. You SIT here TO
pass Judgment on this young man whose business
has been destroyed by this company. You are hero
for the purpose OF holding the scales OF justice and
Determining whether thus corporation shah
OF bad faith, aud, In violation OF lawful
duty destroy his business order that they may be
pronted. l read TO you the other day an agreement
made between the Associated Press In this city and
this self same company in which the monopoly OF this
business Is assumed TO themselves, to the exclusion
entirely Of the public and this Associated Press Is
pat under bonds ana required not to give out any
Intelligence OF this sort. They are not even allowed
to sell II give 1t away except through the public
press They may not tell friend the gold or stock
Quotations for fear they may take advantage OF their
Information and make o little profit by II. Now,
why is thisP 10 IL because this company wants the
public to be beneftedf Is II because they don't de-
sire that the press shall give the intelligence out and
lie regarded public benefactors, but desire TO re-
tam that credit to themsevesf They have the excu
sve right TO control and this intelligence for their
own profit, that ou and who may want this INTEL
IT,. % sa ~. pu unueI % no -1ess haa - 20