The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-07-09

70 niscents nptn the coiinieral security OF their
stock OF the suinsof morley mentioned In The con-
| reported this proposed modification OF the agree
mentto Mr.. John II Robfnson; ws1oassentsd TO Il,
sn
prepared the draft OF ono which wus neary GER
Gati1n ihe same which was afterwards executed by
cause, with the dispositions Of Messrs Robinson and
Page But before executing this contract, MIR.
Robinson to2k 1t 70 Baltimore. to show 1t to the pro-
per authorities of the Seaboard md Ronnoke Rail-
road Company, and To- obtain their assent TO It. Un
his return to Richmond, he informed Inc that he
ma Iil also shown II to Conway Robinson. Esq, OF
" ashington city, whose professional opinion Mr..
John Nj. Robinson had not lzBfreguentiy sought as
10 matters OF importance concerning the compa-
mes OF which ne was President and who suggested
one or two slight verbal Interpretations In The draft
which had prepared, not materially affecting ITS
meaning but making 1t perhaps more precise and
clear. These suggestions adopted, and Mr.. John
al Robinson took the draft so amended, with blanks
LETT In II for the amounts and dates OF the several
payments OF the loan therein provided for, 10 the
once OF the Richmond, Fredericksburg and Poto-
mac Railroad Company, In order to have duplicate
iar Copies Oft made for execution y the parties to
the draff, because Major Page ana Mr. Robinson
mao attempted In my presence TO make the neces-.
a saS Interest rest calculations for their several
they had S dsre drf0 In amou 1s
IL ~ was, therefore, agreed between them
tnat those CALCULATIONS should be made by the trea
surer OF the Richmond. FredeI icksburg and Poto-
mac Railroad Company and by the treasurer OF the
Scaboard and Roanoke cad Company, who hap
ptned then to be In Richmond. The impression Gu
my recoect1On Is, that after these duplicate copies
81 mus Contract or one OF them was made, ar the
Dlanks In 1t or them was filled up, one both OF
moe copies was or were signed by Major Page for
his clients, 10 be deposited by Mr. kobnson-that 8
70 say, one OF themwith the treasurer OF the Sea-
Doard ana Roanoke Railroad Company 1.-THE cOrpO-
rate seal Of which company was in Portsmouth,,
and that Mr.. Robinson, after having the corporate
seal o. that COMPANY with his signature its pre-
silent. aifxed TO both copies was to return one OF
n &" ff- I.ltt Nyustn a..
know whether these papers were then taken by Mr.
foblnson TO Baltimore for the purpose nf sending
thcm 10 portsmouth,, or what more probable. they
were sent by MIN directly there In custody Of the
treasurer of the ,eaboaru Company, who, as have
said, was about that time III Richmond. But do
know that within few days thereafter, received
either from that treasurer or Mr. Robinson. can
not now distinctly remember which, package con-
tanning one OF the duplicate copies OF thus Contract
duly executed by the Scaboarn and Roanoke Rail-
roan Company with It's corporate seal and It's pre-
sident. On the same day, thlnk on which re-
cGFed inc package, or ut furthcrcst OH the next,
Major Page delivered TO the certificates of stock
mentioned In the contract. with powers OF attorney
to transfer them, and delivered to him the dupi-
cate copy OF the contract which had sent to ne.
ILL., know nothing as TO the subj CT of This third
1nterrogatory, except what | have already herein
related, rs having been told 10 me by Major Page
when ieft no doubt on my mind that he presented
the petition and appeared before the committee, in
the Interests II not ut tho instance Of the plaintiffs
In this sult Whether he had previously Consulted
the plaintiffs 10 his doing So or did so of his own
motion, and on his own professional responsibility to
them know not.
". Neither !. nor 50 far as know. Mr.. Johr NJ.
Robinson, nor any other person for him, either per-
soIaHy or OFFICIALLY ever engaged or undertook,
either expressly or by implication, to pay 10 Mr.,
Rage any fee or compensation for or on account of
his services as attorney counsel adviser in the
controversy then pending before committee of one
branch of the Legislature.
V. have in my custody rs originals of the GER
thcatcS OF stock and powers of attorney delivered
to me, as such trustee by Major Page, in accord
ancc with the terms of the contract before men-
End, f1,.
ney that they are not, rs stlctly required by the
contract, rrerocable, and of bargain aud sale
but simply powers of attorney to sell, assign, and
transfer the stock in the ordinary printed form.
his was an oversight by Major Page and myself
which, in the case of death OF either of the plain
tins might be productive Of Inconvenience, and
which should now perhaps be rcctiied; but neither
party TO the contract doubted Its bcing compiled
with By both In good faith, and both their agents
were therefore less particular as 10 these details.
will submit TO The inspection OF Mr.. Ragund and
hiS counsel, and OF tie commissioner, and permit
The commissioner TO take any copies OF them which
may be desired; but holding them lnunIments Of
title to property comm lifted to me as trustee,
not consent 10 their being out of INV custody, I'M
less compelled TO 10 SO by an order Of the court
vi. The article referred TO in this sixth interrog-
atory, as having been published In the "StGte
Journat" Of july Goth 1873, was written by me.
The same article lind repuushed with some i'm
material verbal changes, In the Richmond Wing
OF hot the 9th of July, which was SUNDAY, but VI
the 2S.h which containel also another article on
the same subject, OF nearly the same import. The
circumstance attending the publication Of these ar
tlcles The following: The bill filed by the plain
tllfS In this cause charged that Mr.. Kagand and
those In control or the Petersburg Railroad COM
pany had Issued, were about TO Issue, 10 the great
Injury OF the plaintiffs and OF that company,
tltcares OF guaranteed stock which We're not author
lied by law, and second mortgage bonds, the pro-
ceedS OF which were 70 be used Tor pm poses not
authorized by the charter of rhe company, and det
rimentll to its credit Well rs 10 the Interests Of
the plaintiffs as Stockholders. The bill therefore
prayed that 3r Ragiand and Others controlling
this company should be CO. joined from Issuing
or second mortgage bonds. Within few
days before the publication OF the, articles
referred to, l received from Mr. John 81;
Philldclphia-from which OF them now iOrset-a
letter enclosing 10 me advertisements cut from
Northern newspapers offering for sale the second
mortgage bonds, in, sale OF which was sought 10
be joined by the plaintiffs bill In this cause. aud
asking me to confer with the plaintiffs counsel in
rhi, cause us TO the best means OF prcyenting-pena-
ing the application for this lnjuuctiOn-the sale of
these bones to innocent purchasers without notice,
whose purchase SO made might enibirrass and COM
p:lcalc proceedings i'll this cause. Major Page
being then absent from the city, took this letter 10
Judge Uuld his associate rs counsel Tor The plain
ills In this suit, and on consultation with him. ne
undertook TO prepare and publish III the Richmond
Wing, IS the best means OF giving notice 10 any
who might otherwise become purchasers OF thes-
bonds summary abstract of the bill filed In this
SUIT. ought here to say that prior to this time
had been requested by Mr.. John VI. Robinson to
give my professional attention TO and from line To
time advise him as President OF the SeaboI-d con-
pany OF the progress Of this suit, Without tux Ing
any more active part in it as ut counsel Tor that
company. Going to Judge Ould,s office on Sliur-
Gay. the 26ih July, 1878. found that he h ID then
been unable TO prepare the article referred To, and
il was doubtful whether 1t could then be published
lii the Wing Of Monday. the 2Sth, although Judge
Quiz said he would At once prepare and send II 70
that paper. On returning 10 my office wro:e the
article published In the Eeening state Journal Of
the 26th, and sent IL 10 thai paper by one OF the
employees of the Richmond, Fredericksburg AID
Potomac Railroad Company to he published rs u
news item, gratuitously, If The propretors OF that
,l.n Unr ~ inOr m Gu N r.
tisemeDt. to be paid for by the Seaboard and Roa-
noke Railroad Company orr by the Richmond, Fred
JONI NJ. Robinson, president of both vi those COM
pinies, might prefer and direct. was not aware
until few days past thar this article was repub-
Lished In the Wing, although 1t might have been
ricd 1t to the State Journal and possibly with my
knowledge, ut that time, although have now no
recollection on that point. | took 1t for granted
Judge Ould's article would be Published in the
Wing, aud do not recollect having seen either of
these articles In that paper until within The last few
days. Whether anything was paid for their publ
cation In either of those papers, and II So BY whom,
l do not know.
VII. SO far as know and believe, the pending
suit referred TO In this seventh intcrrogatory
instituted and Is now prosecuted lat the distance,
In the Interest ana by the procurement OF the plain
tltfs In this suit" although The seaboard and Roam
oke Railroad company has acquired an interest In
the subject matter Of this suit by virtue of its con-
tract with the plaintiffs In continuation OF this
belief. l viii mention fnct which accidentally
came to my knowledge last summer. On the occa-
sion just referred to In my last preceding answer,
Oh my going TO The Office Of Messrs: Page & Maury,
on or about the 18th or oath Of July last, was in
formed by Mr.. Maury that Major Page haa left
Richmond for New York, after telling him (Mr,
Mauryj that before he left town he would put the
bin Of the plaintiffs In this case In the hands Of
Judge Wexford. But Mr. Maury, believing that
Major Page had not teen able to do SO before leaE-
Ing Kicp mond, sent to Major Pages office at his
residence for tnis bill TINT he himself might PUT 1.
in Judge Wcllford's hands without further delay.
The bill he sent for was not found 1T Major Page b
residence. II neiug then, unknown TO Mr.. Maury In
the Judges hands: but he received by the messen-
ger from one OF Major Pages famiys similar din
In behalf Of the same piAintltfs against the same
defendants, prepared by Major Page nearly year
before, which bill sir. Maury then showed to me.
VIII. Go not know that understand the precise
meaning OF this eighth mterrogatory. My knotcE-
siQe OF the precise measure extent, ilnl ana Ia