The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1873-04-24
II CHANCERY.
State 81 Vermont Bennington Coanty
CYRUS A. ROBERTS.
BeHaneta
aAS. = pNAlUuION County
WILLIAM II EANNUM Court
AND BAKER WILSON.


WILLIAM n HAHNuM Court
AND BAKER WILSON
Haeraas the salJ Gyms 4 Roberto u Nsn.
chester ia the County uf hauunRtoa aua 81 t.
Of Vermont BIAS fled bic hi II complaint aud
entered the same iu said Court ~ Chancery, for
said County al She December Term thereof A.
j. 1874 stating IN substance that the Legislature
Of Vermont ~ 1871, lneuT VugatCd the Iutu Turn
pike Company, with the right ~ building a
turnpike from The east line Of Manchester
narlh.cattCtly aeruss the tuNB IT WiuhAli, into
tho town Of Peru. distance ot five miles With
privilege 81 erecting a iuligHia thereon, and
% demanding and receiving ton al specified rates
fnr travel over samr. Which sid company was
legally organized and s turnpike r0sJ coustrue's
ed aud opened for travel about tsid a tell-gatt
erected, aud ever siuce received toll thereon.
That the stock uf said corporation consists ui
two hundred shares ~ the value OF twenty. five
dollars each, owned follows Orator owns
ninety aud uue-haH shsrts, John G Roberts oi
/ Manchester, three shares sud William II Bar
I mum Of Lime Rock, Ia the State Of Connecticut,
4 the remaining one hundred sn and ono hall
/ shares, bat that one Ghauocty Green has the
pref. nded ownership at Que share, James 4. Nc.
Naughtou OF five shares, Charles Long one
/ share, and Baker Wilson one share, all Of which
said Baruum IN fact uWns. That up a i4G3
/ said road Was source Of great profit TO the
/ stockholders, that each sockhOldbI hAh the
/ right to cast as many votes at meetings Of the
/ corporation rs he owns shares; that tho annual
meetings Of the company have always been held
/ in the latter pare 81 Nav Ut each year, iur thr
purpose OF electug officers, sud III May 1871
/ said Baruum was elected President, Baker VII.
/ son Clerk, ami Janlrs u, MeNaughtun Treasurer
! Of said corporation, That an auua meeting
/ was dul warned BIS tie CLERK # said Company
! 10 be held at Mills inn IA the town ut MiuhaG on
/ May 9TH 1872, at 10 O'Clock ia the forenoon to
/ elect officers. That ouy the orator aud John @.
/ Roberts and Baker NilsuB, Aforesaid wore pres
ent ia pursuance 81 said warning: That at said
meeting, John q. Roberts, Cyrus A Roberts aud
t4IF al. "A 4F, .,T
! said Company far the gnsujug yoar who there
/ upon appointed John 9. Roberts President, aud
! Cyrus A. Roberts Secretary aud Treasurer OF
said corporation: That June 2nd, 1872, John G.
| Roberts as President, called upon Baker Wilson
. CLERK OF sad Company Ion 1911 and demanded
! the books and papers IN his possession belong
ing TO said Company which he refused to deliver.
/ That orator Secretary and Treasurer on same
! commanded OF James u, McNHughton, trreasufer
| for 1871, all the papers and funds m his poses.
/ ion as Treasurer, which he refused 20 deliver,
/ That about June lst, 1872, said McNanghton and
/ Wilson pretending still to DO Secretary and
Treasurer OF said Company, without any legal /
right, removed the t0llgate about one milo |
cast Of where it had stood more than forty years
! That said William III Barnum, acting under a |
4 firm name Of Barnum Richardson Company
about 1868 and 1869 purchased aboat two thous- /
/ and acres of wood and timber In towns Of Win I
/ hall and Peru, for tie purpose OF making char
/ coal TO supply Blast Furnace at Salisbury Con I
necticut, owned by said Barnum Richardson Go |
/ That said Barnnm Richards on Company, by /
said McNaughton as its agent IN 1863, built eight
/ or ten coal kins, and since same have been in 1
/ operation have carried over portion OF said /
road aud through said toll-gate, about two hun
dled thousand bushels Of charcoal yearly. That /
! the rates OF toll on said road are for teams OF /
1 two horses or oxen on wheels twenty-five cents
each way, and an on runners twelve and ono
/ half cents each way. That IN 1870, said Nc. |
/ Naughton IN behalf Of said Baruum hichar Iaon /
! Company built large lumber mill which has /
' hem Autumn a
has since then manufactured and transported /
over said turnpike more than five hundred !
/ thousand feet of lumber That large number /
OF wOfkmen at work In said businesa have daily |
and ofener passed over said turnpike aud /
! through said gate with teams from which large /
amount Of toll should be received: That since /
| the spring OF 1870, said McNaughon, acting for /
said Barnnm has had the full control aud man.
| agement Of said Turnpike Company. That some /
! time In 1870, said MGNaughton made a contract /
with said Barnum Richardson Company to man /
ufscture the coal and deliver same at the rail |
road at a stipulated price per bushe since which
time said MeNaughton has been solely In inter
est ~ to the amount Of toll paid for doing said /
! business That said McNaughton acting for /
said Barnum richardson Company has had q
| large amount OF saw l0gs and timber drawn over
said Turnpike, aud through said gate for which I
/ toll should have been paid, and said McNaughton /
| and Wilson have almost daily passed Ot er said /
road, aud that If full toll had been paid by said
/ Barnum Richardson Company and said Nc.
]
the tolls would have amounted IN each yoar 10 |
/ fourteen on Fifteen hundt ed duilsTe
That said McNaughtou acting for himself and /
also for said Iafuplke Company has pretended TO /
commute for the business done by said Barnum /
Richardson Company and By himself over said /
/ road and through sild gate, orator believes /
( i0raboat two hundred dollars Whele it should /
not have been less than gen or eight hundred .
/ dollars anuualgs bur thEL ~ money ha- been
/ paid into the treasury OF SAID rnrupise Company /
I fJf said comm mutation
( Inst wiuio raid gate rem ins whore IL nos 10 I
I no tolls eau De taktn Zoe all the lulaDef mana /
featured saia mill, ar he logs 30 INTO ile hI
Z above The gate aud lHU lumbtY tHteu uHt below (
/ the Eate, 6nd that Hatd removal ut tho gate Wac (
made 30 that said llglber bns!u, - might be /
! dGuc without paying toll. Gnd since Raid pm0y /
al no tolls have bgus reCsIgt therefor.
Tia. said Mchaughlun aa ageHt Tor said Bar /
( rum On B4HHu Richardson Company iu 1870. +
/ built dam T. operate Naid mB d caared thc (
/ water TO tEt BACK on raiI road, aud raised tue /
bridge aud said road several feet higher than +
/ feN we're before, aud charged 4 part 81 the Gk- 4
7 peDse therefor to said Turnpike Company, when /
/ ~ reality The raining SAID bndFe auu road vas
/ damage 10 said Iatbt Be- Company. That since J
said Baruum aud hcAaugblou have had control [
+ Ol rai TurupIhe Company, tue rod has been 10 /
/ bad repair that said HsNaught0u hAs procured /
some BgiA 80 be- done upon is but neglected 20 /
/ pay Tor The labor thefs Di. leaving the Turnpike /
[ Company ia debt therefor.
Z itst -st1 IrNHHghtvu - frayaernr srt a'ii! /
pretending 30 be- treasurer 0i saiB Turnpike GJ., ]
bHs af5uryuffsft#a All uf rasftv nj 49, toIfs re
refyei 81 ta3d t4i5.p.rs q. 1T. a41 br.Iftae ana
ba. pft g5rft. t-..i ri .f.rtfs T. s5. - p ~.
tolls received and That Il is doubtful WAtfhef +
anything eau hE collected OF eaiI MeNaHglt0u /
mat .at4 t,l.. 49,. t,u.Eys5 s,g r..,gr.ted
/ lar MA .to.. ,g,iI AN t.ra fl..f ~. ,..gsftt
afsI.is,8. 85.t t5,st No .s'i hi Ls.f.5tt.. 49,
H8H and a Ilsa4 have bad ggatf5. 81 -asd Iaru-
~. II ~ ,...#ey 81 IN q tt...,,,f s5I ,.t..
/ 800 T. - r.. III ~ -. ~. ~ ~ - @ t
/ gg. .s,.t.
Arff.f.gFt,. t...t t..s-..f f.e.s. a. hf..y.,..t +
,, 0is,' "a ~ i.., s ., 49,, 49,
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. 49, I ~ s 4 = ~