The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1870-05-12

The said McComb and his complianees in
crime meanly, falsely, fraudently, and with
out the knowledge or consent of the follow
ing named parties, to wit: Williamson
Smith, A. Schroeder, w. A. Gordon, l.. +.
Houston, T. s. Mitchell, B. +. Hatch and Z.
j. Forstall, used their names and voted for
them as Directors, without their knowledge
or consent, and who refuse to become par
ties TO said fraud, and so said, petitioners
say that said pretended election is fraudu-
lent and void and petitioners further state
that after said McComb and his confederrtes
in said trespasseSs, crimes and usurpations
had BEEN in session, and acting in violation
of said Injunction, the said McComb and
his cOnfederates, agents and attorneys,
fraudulently procured a modification ofsaid
pretended injunction, so as to ALLOW your
petitioners TO hold said election. as they
ayerred, and said McCemb so announced;
but your petitioners aver that said pretend
ed partial dissolution of said Injunction was
fraudulent and void, and of no effect
Your petitioners, finding that said defend
ants would not desist from their violence and
trespasses. and insulting and illuminating
conduct finally procured warrant from
the Recorder of the FIRST District for the ar
rest of said parties, and it was only bv this
means that the defendants were finally and
at a late hour of the day evicted from their
unlawful and violent possession of said room
of said company, and they are now under
bonds to appear and account, in part. for
said offence against the peace and digni-
ty of the State.
Nevertheless, your petitioners further
state that said defendants are still unlawful
ly combining and fraudulently confederate
ing to usurp the franchises of said comnanv.
and to possess themselves of said railroad and
effects OF said company, and to this end are
pretending that they are the President and
Directors of said company; and at the time
of the convention of said unlawful assembly
of said defendants said injunction was pend
ing unless said modification of the same can
ros.r1n Ia nj 0F
same, which your petitioners deny. Your
petitioners further charge and believe that
said defendants viii procure from said Dbl
BILE other unlawful mandamus writes and
orders, to enable said McComb to effect his
said purpose OF usrrping the franchises of
said corporation. and that unless prevented
by this honorable court your petitioners
viii be unlawfullY deprived of their offices
and the possession of the effects and road of
and corporation.
charges that said Dibble is not the Judoe az |
the Eighth District Court aforesaid as they
are informed and believe, and thar said conrt |
has no lawful existence.
Your petitioner further states that said |
McComb has commenced four mischiexonS
malicious and unlawful prosecutions against /
this corporation. and threatens to Continue
to an indehnate number and to an indef
nate period OF time, all of which actions |
and doings are contrary to equity and good /
conscience. and tend 20 the manifest injury /
of your petitioners and corporations within /
the premises, and your petitioners further /
state that the franchises and property of /
said corporation, and the--0f said road,
were NOS worth more than $500. To the /
end. therefore that justice may be done in /
the premises your petitioners pray that said /
defendants may be made parties hereto. and /
c0mF eAAed 70 answer and discover under L
oath - 10 the truth of all the matters herein |
stated 10 fully and particularly Is III special
" interrogated thereto
That said defendants be enioined from any
and all further proceedings against said
or is officers and egents. for the
purpose of taking possession of the same. its
property or effects, or use OF it, Franchises
of the same. or acting rs directors Of officers
IF the same, or interfering with said nett |
toners in any manner In their possession Of
aid road and its officers. and that said de-
endants do not hinder, delay and defraud
vour petitioners and said corporation in the
premises and your petitioners viii ever
pray. JOHN ID. FREEMAN.
Attorney for Plaintiffs.
Personally appeared before the UNDER
igned G, q. Beauregard, President of cor
.oratipn, who, on oath, says the matter and
hiDRs In said petitions states on his cWn |