The New York herald., 1869-05-26

tnquirtng why tt was messages came SO late. Ins
nothing to show that there were delays at New York
Now the testimony have been giving you Is dlrec,
questioned: II Is nndispuable it is the testimony o
witnesses as unimpeachable as any neard .s IN tne
lar crisis. when thompson says complaint were
made to him in New York OF delays OF messages
the purpose Of crippIng the business Of Mr.. DAVIS
when he tells you everything he had done was
with the appreciation, OF , everybody connected
| were introduced for the purpose OF Gripping mm,
did he not say to you that there was motive under
satisfaction before am tnroughi A great deal was
said by counsel with respect to the time when this
Vices We're introduced for the PURPOSE ' Of Gripping %
Thompson's messages, and 1t was said that they had
occurred at time subsequent to the time Of bring
| ing this suit and, therefore, we had no right
| to construe them into annOyances. You heard
me tell counsel that there was proof In this case that
the orders given, FIRST to send Th0mpsons business
by circuitous route; second, TO give to the Com
mercal News Department the right to the OF the
through formula never before heard Of or required,
that these were verbal orders. told you 1t was so
that there were verbal orders requiring these things
to be done, as well as written orders subsequently
introduced. These verbal orders have no dates, Of
course. aud 1t is only stated that they were
sssu was taseD ua' It nav % mean 's ten 'en @onths
twelve, or fteen or eighteen months 1t il mpossi.
bp osner facts IL the IN
April these parties have organized what they call
the Commercial News Department. II had not been
fully organized, but was assuming the shape OF q
business matter. 1t will be recOllected that General
stager, when the last message was taken to Mr..
his subscribers to US at twenty-five dollars week;
this is his last chance; II he don't we
statemenss stat a % Not at all Mr. Williams 9idn. CONTRA CO %
dict him. he only says he did not hear that conver.
sation; The teegrams were DESTROYED, they say. say
great corporation and he would be likely to remen
Der what had been said to hum. Already declara-
him:-"surrender your subscribers to us. If you
dom. we will make you" Surely he would
to him.
war and determination to Mr.. Davis. How could he,
with no cap ne friends expect to fight great
form of shot from columbiad from Stager, who
was general, to surrender or we will make you do
itf How make himf II he could not make him sur
render by solicitation there was only one way in
which 1t could be done, and that was by break
0s up ms come to Sa Repcee this
important fact at this crisis; that at that very
time when this struggle of war was made by Gen.
sages securing pay for them. day by day, and yet
you hear the declaration made that while we are
taking your money in the performance OF your bus
ness, we intend you shall not continue your enter
PRISE; you shall not receive these messages much
long longer; we intend to . break you down. Is
to discharge its duties faithfully and honorablyi
Is that the language OF an institution that should
And yet you are called upon here to believe it was
charitable as well as very kind IN General Stager to
MAKE ts tnls ,o oer I 70 MI He didn't say Davis
as much because Davis knew General Stager
would Would crush him out II he didn't take twenty
Is the language we hear from the attorney
OF this corporation. They were going to commence.
subscribers and they wanted them Of him as a a
nucleus for their own business. They knew Mr..
Davis had bought out the business the Stock Ex-
that 4 he ere remained in the held they could not pos
sibly in a short space OF time acquire as much
business as he had lie had most Of the
bankers and the business men and 1t was
OF great consequence that they should be IN
so many years Of labor and SO much expense Of
money; and now this young man stands up plead
ing that you will see him compensated for the wrongs
done him by this institution. He don't ask to be
paid for accidents and Mistakes but for the ourages
which have been perpstrated upon hun Now
delaysi His Honor, doubt not. win tell
you that delays are not simply the fact
them SSlt from Their destination for time but EVERY
circumstance that goes to work to delay shall be
construed By the jury as constituting an act OF delay
delay.
The Court-Provided always that the delay is not
occasioned oy circumstances over which the CON-
oounsel-oi course; Suppose tns company had
were up to the time OF this dnlculty
from Broad street, New York, to Cincinnati,
ceiving that Thompson was getting an advantage 10
that regard but not more than others got, but
which was interfering with them IN the adm1istra,
they said, 'Thompsons messages go too quick.
You DO business too quick at No. % Broad street,
son snS aSunG TsSr as
way" Now, what was the nature OF
yoa It 'ia involved necessity Of redespatcnIng rom
Broadway. More than that: las Broadway Is the
general oice the reservoir into which al despa,ches
piles upon piles Of dispatches which they have to
send in the order which they are received. Thomp-
put top that they would 60 on first. but at the
bottom. What takes place thenY There comes des
that Thompsons messages to Davis are deiayedf why
Is 1t that cannot get these messages In Cincinnati
stock, bonds and gold are recelvedS The answer Is,
because the messages have 10 be sent around to las
Broadway and put at the bottom Of the pile, and
take their chances Gentlemen OF the jury, this is to
my mind, the most outrageous delay that could pos
sibly have been perpetrated by these parties upon
time these inquiries came from Cincinnati. Another
thing: Let me say that the very messages which
taken TO the once were numbered with the knowledge
OF all men in the business. They were numbered,
checked and marked and sent or as soon as they
reached the orlcc, without going through the Cir
cuItous ONCE OF having clerk TO number them.
Bnt now comes a charge that this was doing busi.
witnesses, aud what do they dor Why. they say we
will stop this. Thompson's messages must first
go e ey ust ne na Sa ano se m
they went IN 1886 and during the months OF January,
February and March, 1861 Nobody complained be-
fore that IL was all right there. Two gentle
men, by their diligence mad succeeded In
building up splendid business by means OF
these facilities for which they pad. Thompson
never sent message that was not paid for ana all
this was very acceptable so long as they did not
have this rival institution OF their own. You must
recollect that Mr.. Davis Is not the only who Is
q victim OF this administration OF General Stagers
He is but one out OF many for every one OF our large
cities had just such business conducted by one or
more OF ITS citizens, and every one OF them was
made TO bite the dust. Not one OF them In left to
tell the story. except In the way they telling
II TO you and asking redress for their wrongs. Is
it not right that my client should not only
thus vndicate himself but the hundreds Of young
men all the country that have been broken
down In this way. But, gentlemen OF the jury, this
Is not ALL There are various other ways In which
their messages were delayed aud every one OF them
Is marked by the same characteristics exhibited by
General Stager In the cincinnati case; aye more
than that DO you recolect what Mr.. Williams