New-York tribune., 1876-10-12
MR. WHEELER WRONGLY ACCUSED.
THE NORTHERN RAILROADS HISTORY.

THE NORTHERN RAILROADS HISTORY.
MIR. wuEEtER's ACTION AS ONE OF THE TRUSTEES
OF IHE SECOND MORTGAGE BONDnoLDEHs M-
PROVED BY THE SUPREME COURT.
To the Editor OF The Tribune.
SIR: On the first page of The NdiioH OF Oct D.
1876, occurs the following: Mr.. Wheeler Deslue'
being a 'land-rrabber' also turns out to be a
railroad wrcckor,' inasmuch as he has been sued
by a railroad, of which no one of the trustees
to recover a sum OF money when ne Is aiioBcu W
have abstracled from the treasury"
The foregoing is very serious charge against MI
Wheelar's character and one The NGiioH under It's
profession of fairness and mpartality. ought not TO
have made without substantial proof to warrant H.
As one of the counsel of Mr.. Wheeler in the pro-
ceedings hereinafter alluded to, am ianlil-
lar with al the facts. The only shadow Tor to III
situation of the article is probably the fact thatiron
October 1854 to August, 1860, Mr.. Wheeler WIN
two associates as trustees of the second mortgage
boudholdcrs of the Northern New-lOrk haih"aI /
Company were in possession OF and, under dcroe VI
tho Supreme Court. operated It's rallroad' -hI'
Wheeler rds ncrcr hHsiee Of or IN any gdy oco.y
oo,pec,od ,cjh ann other railroad by acts of the
Legislature of this State, passed in 1897 ana lo"i'
the said bondholdcrs were authorized to form cor
poration and take from said trustees smd rairoau,
and oporato the same, first indennifylng the Faid
trustees against any and all liabilities and claims
outstanding against Them or any OF them, on ac-
count of any act, omission, or obligation
in good faith done, made, or incurred ng
them or either of them, in the management
of said railroad and its business ana
oguinst any and all litigations arising therc"ui'
and the costs and expenses thereof and shall also
nav the lust and proper commissions and expenses
of said trustees and their successors in the manage
ment Of the aforesaid business
''', oil LODI
Under said acts corporation was ORGANIZED ca'''i
tbe Opdensburg and Lake Champlain Railroad
Company. Such company made demand upon h''"'
trustees for the possession OF the road. Indifference
arose as TO tie right of the trustees. IN the ahNLo
of the direction of the court to make sueh Surr'h-
der without the ssrnt of all the bondholdera, ana
~ 70 the character and form Of the indemnify
Applicatiou was made to the Supreme Court 10
ndiudicate these questions. The form OF decree
settling all matters in difference was thaiy aH'
mutually dgpccd upon, and II was applo'"'
and entered at General Term OF the Sn-
preme Court held at l'aSion spa OF
or about the LIST day of August. 1863, and under IT.
provisions the road was immediately surrendered
Tbi, is c ony litigation Mr. UhcelT err hdd d' trustee
or otherwise trh railroad corporation. In all tL'
proceeding it was never intimatcd ~ any quarter
that Mr. Wheeler had ever abstracted money from
the treasury of the road or otherwise. On the con
NJ The tllc pl lilt bttlf' INV
thc road personally resting upon bin far exceeded
any lponey in his hands. Several suits, involving
large amounts. we're pending against him on "c-
count Of the burning of the large grain elevator ai
Ocicnsburg. Not only did the decree ~ tcrins IN
dcnnfy Mr.. Wheeler and his associates against all
liabilities but in addition II. II. lunncweil. George
NJ. Barnard and other wrll-known and wealthy cii-
liens of Boston a the time Of the decree executed {"
said trustees their personal bond OF indemnity III The
sum of 100000.
Since said surrender, several large Jud'mrnis
have been obtained agains; Mr. Wheeler by owiris
of grain lost at The Burning Of the elevator. which
judgments have been paid by the Oedrnsbu'g and
Lake Champ!ain R.lilrold Company. Ercrg doHdr 81
rosry reccirld and phil ont by W. Uhsio rs b"'i''
dyipg hs rhOic administration ot said railroad has b'
andiied ard aliored h. The hpp,cue owf, he rrro.d
,rLeyeoC aW BE- Joapd in he office Of bc t'1k AZ h'
CorHyoC st. laurence ON tie 18th day of Aarii.
1870 lac wa, fully iii charged from thc trn,t 10y the
Supreme Court. Tie certified copy of the decree.
following, shows the amount of money hc alb
stracted from the treasury" The Owrnsburg and
Lake Champlain Railroad Company owed hun 80"
sum Of Sl2O 10. to balance his accounts winch
sum should bo paid to him by SAID Oglenshurg AMI
Lake Champlaiu Rlilroad Company and has since
been paid Respectfully. ALBERT li"EH>.
Naioae oct. 10, 1876.