The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1873-05-01
IN CHANCERY
s,ale ai Vermont bennington County
CYRUS A. ROBERTS.
beuuiAEt
JAS. D.. NAuaHFON rauaif
WILLIAM a. NARNUM touH
AND BAKER WILSON

EtNNfHE fUH
JAS. D. W#NAIaHF0N rauaiY
WILLIAM a. nARNuN Court
AND BAKER WILSON.
HAoers the said ryraa A. lahens ii Alsu.
chester ia tlfe County II Remington saa Stste
~ Vermont has ttIpd bis ttll ~ complaint aud
entered the came Ia said Court 90 thsuofry. taf
sad County 81 the pvoomhor Tern, thofcai. 1
u. lsi2 siaunF in substance that the sEinlatars
vt Vermont "a 1874, WtpI puFated the tura Ium.
pike Company. with the iEht ~ buildlng :
turnpike from the oaHt line q Manchester.
nprtb-aasttJly across tie town ~ Wlnbsll, into
the town 81 rera, DISTANCE 81 Eve miise. wilh
privilege Of erecting toli-Rsie THEREON and
ID demanding and receiving tUil al specified rates
Z tur travel over same Witch said company vac
/ legally organized and tufupikc road puuHtruts.
/ et aud opened Ton travel about 1916, tui.Ratg
erected, aud ever since received toll thereon.
+ That The stugk az said corporation gHnpiAiH IL
+ twa hundred shares W thr value Of twenty five
/ dollars each, owned As falluHE. Orator owns
+ ninety aud uue.balt sharus, John 9. Roberts Ut
Manchester Three nhHtra, AMI William II HAf
+ uum Of Lime l1Ggk, iu thu state nt Connecticut
/ the remaining one hundred xix md ono half
/ shares bat that upe Ohauncuy Green has the
I prstt udod ownership Of one share, James Me
NAughtun If i've shares. Charles Long one
I share aud Baker Wilson Que share, all o. which
/ said Haruum ia fact owns. That up a. tS51
! said road was suuroe of great profit "a the
/ stockholders, that each atuukboldpr has tie
/ night g. cast as many votes at meetings Of the
.
I meetings OF the company have always been held
/ ia tie latter parg Of May Of each year fat the
I purpose Of clecting uihcCtH, and Ia May 1871
said BarBnm was elected lfealdeut BAKER vii.
/ son Clerk. ana James T. MrNaughton Treasurer
Of said corporation. That All ANNA meeting
was dul " warned bg the CLERK e said Company
60 be held at Mills inn m the town Vt Wmhail on
Missy 9Th, 1879, al 10 O'Clock 10 the tufunuou TO
/ elect ohcerrs That only tho orator aud John q
! Roberts and Baknr Wilson, aforesaid woro ptpp,
/ ent In pursuance uf said warming That at said
meeting, John q. Roberts, CYRUS A. Roberts and
/ William II, Bsrnum we're elected directors Of
said Company for tho ensuing year, Who there.
/ upon appointed John q. Roberta Precedent aud
/ Cyrus 4, Roberts Secretary and Treasurer Of
/ said corporation. That Juue 2ud, 1874 John &.
/ Roberts as President, called upon Baker Wilson
/ CLERK OF said Company for 1874 u aud demanded
the books and papers IN bis possession belong.
| ing TO said Company which he refused 70 deliver
/ That orator aH Secretary and Treasurer % same
demanded Of james J.. MeNRuRhtuH, lfTtasuref
for ISL oil the papers ana funds in his poses.
ion as Treasurer, which he refused to deliver
/ That about June LIST, 1872 said MrhauRhton and
Wilson pretending stil to De Secretary aud
Treasurer o. said Company, without any legal
right, removed the tpll-gato about oue mile
cast Of where 1t had stund more than turtyyrufH
/ That said William II Barnum, acting UNDER
firm name Of Barnum Richardson Company
about 1868 aud 1868, purchased about two thous.
and acres Of wood and timber Ia towus OF Win.
hall aud Peru, for the purpose Of making char
coal 10 supply Blast Furnace at Salisbury Con,
uectiuut owned by said BaTnum Richardson Co.
That said Baruum Richards on Company. BY
Faid AlCNHughtuu as It's agent In 1869, built eight
| OF ten coal Kline aud siDso same have been Ia
operation have carried over portion OF said
road aud through said toll gate, about two hun
dr6d Thousand buahrls Of charcoal yoarly. That
the rates Of toll on said road are for teams Of
two horses or oxen on wheels, twenty-five cents
each way and an on runners, twelve and one-
half cents each way. That IA 1870, said Ne
Y "a Ft.f IFa.I.
Company built a large lumber mill which has
been in operation sluoc the Autumn Of 1870 and
has since then manufactured aud transported
over said turnpike more than i've hundred
thousand feet Of iumbort That large number
Of workmon at work Ia taid business have daily
and OfteuGr passtd over said turnpike aud
through said gate with teams from which large
amount o. toll should be received That SINCE
the bprinR Of 1870, said Mchaughton, acting for
said Barnum has lad the full control aud man.
agement Of said Turnpike Company, 1hatsDmo
time iu 1870, said McNaughlon made contract
with said Barnum Richardson Company TO man.
ufActuro the coal and deliver same At the rail
road at a stipulated price per bnshel sinca which
time said McNaughton has been solely 10 inter.
cst az TO the amount Of toll paid for doing said
business: That said Mckaughton acting for
said Barnum Richardson Company has had
large amount OF raw logs and timber drawn over
said Turnpike, AID through said gate for which
toll should have been paid, and said hehaught0n
and Wilson have almost dsiiy pAssed over said
road, aud that II fail toll bad been paid by sad
Barnum Richardson Company aud said No
hsughton and those acting for them aud INN
the tolls would haYe amounted ~ each year ~
fourteen or fifteen bundled d1ilars.
Tat said MohaughtoH acting fof Limsef aud
also FOR Hald Turnpike Company har pretended To-
commute for tho business done by said Hafnau
Htcharda0u Company aud By himself over said
road aid through said gate AS orator belryps
for about tsO hundred deliare whore it should
n9t have bean ins. thans ven Or eight hundred
au0lara auuuSug, buf that 30 money ha- breu
paid into the Treasury Of said Turupike Company
lJT said communication.
That Willie said Rtta rrmHiue where 1t pua Is
Hn tolls etu bc iBkru tnr aii the luiabsT mann
iaeturta said mlii, ss fhe logs go into he iaid
auuYr thv gate and tue lumber taken out below
the gaze, aad tiaf said renewal u the gate vas
made s5 THAT said iumber business might be
dome without paying toll, sud since said frmgg-
Al no tolls baNe bfea received therefor.
lhat said AlehauRhtou a. agent foe said liar,
Eum 81 Baruum richardson Company Ia 1910
butt dam b operate said raill, d caused ihs
water 70 ret Jaek on raid road, and raised the
bridge aud sAia road several feet higher than
- ~Hfc before, aud charged part u the "a
psuse therefor % said Turnpike Company, When
IN reality thu raising said bridge anh road WAS
damage % said Turnpike Company That since
said harnun and hcAAught1n have had control
81 said Turnpike Company, the fBad has bsauln
bad repair that said McsRughtou has procured
some work 70 be done upon i but neglected 70
pay Ion TIE labor tbertuB, leaving the iumFke
Company ia debt therefor
That said McAaaght0n ~ treasurer and stin
pretending % be treasurer d ssi4 Turnpike o..
has appropriated All ~ nearly 40 tho tolls 10.
ceiYed 81 sAid t0lisEAte - bis own business, and
has not given bono ~ security - account t0f The
toils received, and taat i is doubtful whether
anything can Ec collected u ssld hcsaughtoA.
That " sala tolls sore received and accounted
iar said stock s0ad pay more than ten per csnt
dividends, but ihst siIct ssla NcAAugh1uH Bar
huH and agiruu lave Aad control ~ said 1ufn-
pike Company they have pad 40 ditFitl1s and
there u 10 money iA the IeRsury, and gfstaFs
stock y ~ 80 value % tin ht gets 80 Interest
on same
Asa PRAYING tHst Use said James u. MeAaughs
ton, william II Bafuum AID Baker WllsOu be
aeereta BY this Court ~ deliver - orator the
books papsra and faads belonging ~ said frr4
turnpike Company, and sl.y4 afst4f aud rs
Juhu h9bc1s ~ agt Ne dlFostYaa ~ SAIL TOM
pans sud afatar q ~ as Secretary ahd InAsuf-
sf. aud AasF The management sad eD8irUl "
fsla corporation. aHd thGi aatd Mehsuylitga ADJ
Baraum may gssacf au asp5aHt q 81 D4slaess
done gFtf SAID road aud pay efEsA8akbt anaaa
81 tell fDf the sHArt sud account ~ ~ money
they hafg fegsiytd Tor toll snd may BE- ordered
% retaafs said ioa-gate 5aaA " ahefu 4 st9Da
~ thg lastf2rly geafa, aud praying ~ ) art x
luiaGctlen aA4 fgfa ieeeiFaF ~ bueh 9ther and
further relief - q il4e rYaFt shsli seem meet
and fef aabppaa
ADD whereas d u m&4e y appeal that said
william Earuuia fosidee without tas state ~
thgt sUBpaos cannot be served up1u him
u - afdys.t IS tie egufl thai Hgtes gfthn
peu8aGcy n u sult be gwen ~ to sala William
IL BafHum III publishing tie Substance ~ sAld
b.8 n comp pant vita this ofdeF ID tie Matches.
ter JoukpAL. pghle newspaper Published Al
Manebfstef. - sald County N Bennington three
NttEs sue sssiYelY. ths iasg " which pu5iieatiuh
shall be q least tueaty days previous y the
sloH n sad Court u CAsneerf, y " haidfu AZ
Manchester atlsis aud 81 ssia County q ben.
ningtou % the fret tuesday u June, 4 D. isT8.
AZ whlch time tus raid william " hsrnum Z
heFsLg Required 81 appe4r had farther T. stand
b and sblas ~ sush order AID decree therein
az 70 s8i9 court taAlI ssshl meet
a.veg uu4sI My hand a. Esaningg1n tue xIst
tAy y April. A D 1879
join v HALL.
MIhEE BEEBE, Clerk