The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-23
THE COURTS.
Interesting Suit Growing Out Of
Mennonite Emigration.
RAPID TRANSIT LITIGATIONS.
ProgrsSs Of the Central Branch Union Pacific
Railroad Suit.


The arrival In this country within recent date Of large
numbers Of families composed OF that interesting people
known Mennonites sroused considerable curiosity
TO their past history which curiosity has been al
ready gratined by the HERALD As 10 their future In
this country and the circumstances under which they
have made settlements in the West, some light Is de-
rived from q suit which has been instituted in tho
Supreme Court in this city, and motion which Is
now on the Chambers Calendar OF that court 1t APP
pears BY the pleadngs served defendants in that
suit that on the 1lth OF November, 1873 tho Burlng
ION and Missouri Railroad Company, in Nebraska
tered into q contract with Mr.. NJ L. Hiller the terms
Of which were folio s:-sTho said Hitler agrees to
into the services of said company tor Eve years. be-
ginning the LIST day OF November, 1873, maintaining
oice In the city OF New York az his own expense,
said company agreeing to pay him commissions as
hereinafter named, and in addition thereto for
tho first year OF said service, ending 3lst OF
October, 1874, salary Of $4,000, payable monthly;
PROVIDED, however, that II said Hitler shall
settle less than 200 families OF Mennones said
panys lands during said year he shall refund said
company, on account Of said salary, foows:If he
settles less than 200 and than $50 families be
shall refund 81 ooo II less than $50 than
families, 50, 600; If less than 100 and more than so
families $4,000; fless than SO families $4,000 Said
Hitler agrees TO go to Europe in November Dccem
ber 1873 for two three months arrange for tho
emigration of Mennonites to the United States said
company agreeing to pay his expenses OF said trip to
m amount not exceeding ST. 00 Said company also
agrees pay said Hitler commissions foows all
land sold by company Mennonites for five years
ending the 31st Of October 1S7S:0n sales made dur,
ing the year 1874 such sales to 900 acres
two and half In cash and two and halt in land II
more than 10 900 and less than 900 acres two and
half in cash and four and half In land il TO than
1000 and less than 900 acres five per cent In cash
and seven per cont In land For the tour remaining
years OF this contract said Hitler Is TO
receive no salary, but commissions, as above,
on sales OF each year made by said
pany to Mcnnontes 1t is also further agreed
that such sales shall amount 600
said company shall pay said Hitler IN cash bonus Of
5000, In addition the foregoing, for expenses in
Cured by him with the Mennonite dopulation in June
the parties hereto that during the existence Of this
agreement tive years commencing November /, 1879,
said Hitler shall devote himaefo the service OF said
company and 10 the settlement OF Mennontcs on its
lands; provided, however, that IT. in order MAINTAIN
and keep up his influence with and control said
Mennonites, and II impossible to turn them all to tho
lands Of said company, he may arrange with par
ties tor the disposal OF such portion be
to the lands OF SAID company. The commissions
agreed to be pad by paragraphs third and fourth Of
this agreement shall become due and payable to said
Hitler when not less than twenty-five per OF tho
principal s. been paid said company upon each OF
SAID sales.o On the 10th OF September. 1874, sup
Elemental agreement was made by Mr. Hitler the
elect that In the event that the railroad company
should find necessary employ additional influence
10 the location OF the Mennonite people
on their Nebraska lands portion OF his commission,
provided for in the previous agreement, should be
used by the company Tor meeting the expenses in
Cured by the employ ment OF such influence, such
missions so 10 be refunded TO be Twenty-Five per cent
Of the whole amount due or to become due, and tho
company on its part TO pay TO hm $1,000, expended
for printing and postage. On the 10th OF December,
1864 littIos than year after the making or
this contract the company saw 1t TO cancel It,
titled Mr. Hitler to that effect
Upon the foregoing state Of facts Mr. Hitler claims
that the company has become indebted him In the
sum OF $ll4000 with interest thereon from the LIST of
kAr and .to
suit for the recovery Of that amount he alleges that
pursuance Of his contract he entered upon the per-
formanco OF the conditions ana duties thereof and
ever SINCE performed the same and always has been
and now Is ready and willing to perform the same
In Supreme Court, Champors, yesterday motion.
TO have been argued to set aside tho service OF
plaintiffs process having been Irregular but id
was had until the 10Th inst The ground Of
such motion IS that the railroad company foreign
corporation, and that the only service OF the complaint
made was made on director the company. resident
Of Massachusetts, while passing through this city, that
the of action under tho contracts, any In
Massachusetts, or Nebraska
CENTRAL BRANCH UNION TRAFFIC.
The trial OF this resumed yesterday before
Judge Larrenore, holding Supreme Circuit II opened
with the further examination OF Mr. Samuel L Trcd-
WELL the plaintiff after which followed the proving Of
assignments ofinterests and disposition of first mort
gage bonds OF the company, and acknowledgment by
the parties Of the contract up TO the bringing OF
tractors in and rclinquish their interest the
contract SUCH and place 1t as stockholders
The defence opened by Mr. +. H. Nichols being called
a witness He stated in substance, that payments
made by tho stockholders in April, 1855. Tho
contract made with Colonel William Osborn in
May, 1865, the company then being known rs the
Atchison and Pixies Peak Railroad Company He paid
his stock subscription to Willis Gayior, thon treasurer
ofthe company. Alter the lapse Of few months he
tNichols) became treasurer OF the company. He
was also director Of tho company, and was pres
ent al the meeting when the contract was
made; that contracts and assignments for the
contractor TO assign interests were made ut the
time. There stock subscription OF $3.50 900 aud
there dollar paid By any party except
stock. All the property nov owned was some 10 coo
consressionai lands twenty or thirty first morssaas
bonds aud some lands not yet received from the do
partment
on cross-examnation by Mr. Beach the defendant
very reluctant In his answers, and Mr. Beach had
to frequently call tho. Court to insist having d.
rect answers, and once remarked that although Mr.
Nichols evaded direct reply his question he should
keep II TN hc got every syllable he was
admitted that 1885, when forty cent Of the stock
scription, division OF 100000 bonds was
made 10 old and new parties alike pro
dated February IS 1873 which reads :-swe, the I'M
dersgncd stockholders Of tho Central Branch Union
Pacific Railroad Company ana parties - sa interest IN
tween William Osborn and said company for tho con-
equipment OF the FIRST loo miles OF tie
road Of said company 40 hereby IN consideration Of
81 TO each Of Us in hand paid, mutually agree with
each other and with said company that said contract
BIO and the same is hereby cancelled; and that the
lands and property, therein referred 20, remain and
continue In the possession and ownership OF said COM
pany, for tho and benct OF the stockholders there
Of the object being that entire IN
crcst In said company ana its property may be rep
resented by the stock certificates held by cacn Of u.s.
Although Mr. Beach repeatedly asked the witness to TX
she day about which IL ISSUED 70 be signed
no at last said be could not say whether y was Febru-
ary 25 or thirty days later and admitted that the
tract was never cancelled except blythe signing as no
said, Of hvcsxths OF the parties 10 this paper that
OSBORN butt the road but the contract changed by
verbal agreement and the company furnished the
funds. There was great orce OF expression In MI
Beach insisting direct answer II the witness did
not purchase VI Mr. Trcdwe an interest in tho con-
tract, which was admitted and copy put In dated No
venber 8. 1872. On the various arguments between
Ncssrs. Beach and Fullerton there was considerable
interest shown by the crowd In tho ROOM listened
ntentiy aug evncci satisfaction a. Judge Iarremore