Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1876-10-20
Hon. William A. Wheeler.

Ine following was sent TO various New
York city journals;
SIR On the first page of The Nation
of Oct. 8, 1876, occurs the following;
"Mr. Wheeler, besides being land
grabber,' also turns out to be railroad
wrecker,' inasmuch as he has been sued
by railroad, of which he was one of
the Trustees, to recover a sum of money
which he is alleged to have abstracted
from the treasury Ha.
The foregoing is very serious charge
against Mr.. Wheeler's character, and
one The Nation, under its profession of
fairness and impartiality, ought not to
have made without substantial proof TO
warrant it. AS one of the counsel of
Mr. Wheeler in the proceedings herein.
after alluded to- am familiar with all
the facts. The only shadow for the in.
sinuation of the article is probably the
fact that from October, 1854, to August,
1865, Mr.. Wheeler, with two associates,
as Trustees of the second mortgage
bondholders of the Northern New
York Railroad Company, were in pos
session of and, under decree of the
Supreme Court, operated its railroad
Mr.. Wheeler Wds neOer Trustee Of or in
any tody connected Nth any other rail
road. By acts of the Legislature of this
State, passed in 1857 and 1854, the said
bondbolders were authorized to form a
corporation and take from said Trustees
said railroad, and operate the same, first
indemnifying the said Trustees against
any and all liabilities and claims out
standing against them, or any of them,
on account of any act, omission or obli-
cation, in good faith done, made or in
CURED by them, or either of them, in the
management of said railroad and its
business, and against any and all litiga-
tioDs arising therefrom, and the costs and
expenses thereof, and shall also pay the
just and proper commissions and ex-
penses of said Trustees and their sue
eessorS in the management of the afore-
said business"
Under said acts q corporation was or
ganized called the Ogdensburg & Lake
Champlain Railroad Company. Such
company made demand upon said Trus-
tees for the possession of the road. A
difference arose as to the right of the
Trustees, in the absence of the direction
of the court, to make such surrender
without the assent of all the bondhold-
ers, and us to the character and form
of the indemnity. Application was
made to the Supreme Court to adjudicate
these questions. The form of decree set
tling all matters in difference was finally
and mutually agreed upon, and it was
approved and entered at general term
of the Supreme Court held at Ball
ston Spa on or about the 1st day
of August, 1866, and under its pro-
visions the road was Immediately sur
rendered. This is the only litigation
Mr.. Wheeler eUer had as Trustee or
Otheraoise ioith railroad corporation.
In all this proceeding it was never init
mated in any quarter that Mr.. Wheeler
had ever distracted money from the
treasury of the road or otherwise. On
the contrary, at the time of the decree
the obligations of the road personally
resting upon him far exceeded any money
in his hands. Several suits, involving
large amounts, were pending against him
on account of the burning of large
grain elevator at Ogdensburg. Not only
did the decree in terms indemnify Mr..
Wheeler and his associates against all
liabilities, but in addition H. H. Hume
well, George NJ. Barnard, and other we'll
known and wealthy citizens of Boston,
at the time of the decree, executed to
the said Trustees their personal bond of
indemnity in the sum of 100000.
Since said surrender, several large
judgments have been obtained against
Mr.. Wheeler by owners of grain lost at
the burning of the elevator, which judg-
ments have been paid by the Ogdensburg
& Lake Champlain Railroad Company.
EUery dollar Of money receiDed and paid
Out By Mr.. Wheeler as Trustee during his
i0hOle adminiStr0tionof Of said railroad has
been audited and all0s0ed 6y the Supreme
Court, the record iohereof toiU be found in
the office Of the Clerk Of the County of
50. Laurence. On the 18th day of April,
1870, he was fully discharged from the
trust by the Supreme Court. The certi-
fed copy of the decree following shows
the amount of money he "abstracted
from the treasury" The Ogdensburg s.
Lake Champlain Railroad Company owed
him the sum of $12013, to balance his
accounts, which sum should be paid to
him by said Ogdensburg & Lake Cham
plain Railroad Company" and has since
been paid. Respectfully, .ll5.
ALBERT HOBBS.
MALONE Oct TO- 1876