Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-01-12
Tho Wells River Railroad Troubles.


pelicr Wells River Railroad Company have
wisely RETAINED from physical collision, but the
sortwell party has begun brisk legal warfare,
which bids fair to bring emolument to the mem
bers OF the legal profession, II nothing more.
Messrs. joel Foster, Jr, Jonathan K. Darling
and l. n Hall, went to St. johnsbury immedi-
ately after the fracas and procured an injunction
from Judge Ross, restraining the members Of the
new board Of directors from taking possession,
attempting 10 take possession Of the Montpelier
& Wells River Railroad Companys railroad, or
Of the rong-stock In use on said road or Of any
Of It's rights or franchises, or In any way inter
fsring with the running Of said road or control Of
the same aud commanding them ~ restore TO
Joel Foster, Jr, the clerk, the private books Of
said corporation. Copies Of the injunction were
served upsn the defendants last Wednesday after
noon.
Messrs. Gleason & Field, attorneys for Messrs
Sortwel and Others have given notice that they
shall apply for dissolution Of the injunction re-
stranng them from voting on the stock bought
under Kinney'- execution and It is expected that
the hearing will take place at Hydcparl, before
Judge Powers, next Friday
Hon. Isaac n. Hall has brought a suit against
Hon. c. II Heath and General r p Pitkin, claim
lug fifty thousand dollars damages, aud has at
tached all their real estate In Montpelier as secu
rity. The first count Of the declaration charges
the defendants with simple assault and battery.
The second is M follows:
=" In further plea Of trespass, for that here
tofore, to wit at Montpelier In said county Of
Washington, ON the third day Of January, 1876.
the plaintiff was the president ofthe Montpelier &
Wells River Railroad Company, = corporation do
Ing business in the Stats Of Vermont, and duly
organized under the law Of said state and was
then and there the presiding officer, and in the
performance Of bis official duty as such president
and presiding officer at the annual meeting Of
sad eorpomtion duly and legally advertised and
called to be holden at said time and place, TO wit,
in the Village Hall in said Montpelier, and the
said defendants with force and arms wilfully as
saulted and rushed upon the plaintiff, while pre-
siding at said meeting and acting In his proper
place ran their shoulders against him and jostled
him about upon said platform, ordered him not
TO preside, forciby seized upon the clerk and tore
him about with great violence, attempted to rob
said clerk Of the books " said corporation, aud to
take and carry away the books, and did take aud
carry the books Of said corporation, then and
there in the custody Of the plaintiff and said
clork OF said corporation, and did keep aud con-
zeal the same and melted large number OF evil
disposed and rotous persons to jump upon said
platform aud assault the plaintiff and the said
clerk OF said corporation, and contrived aud kept
up said riotous proceedings and assaults upon the
plaintiff and in said hail. breaking windows,
chairs, doors, tearing down scenery and fixtures,
and destroying other and valuable property and
refused 10 obey repeated calls Of the president,
and other good and true men, 10 observe order,
or suffer said meeting to be conducted to It's close
Ia order but kept up and continued their riotous,
Illegal and dastardly assaults noise cursing
and swearing, and causing others 10 fight, swear
kick strike, choke, pull hair, and tear clothing
and continued said assaults and riotous and IL
legal talk acts and proceedings, till the plaintiff,
As such presiding officer, hearing some more sens-
BILE and law-abdng member Of said meeting
make a motion for an adjournment Of said meet
ing put said motion, and the same voted
upon afilrmatiyely, and the plaintiff declared said
meeting adjourned for two weeks, In accordance
with said vote and at tie same time the said de-
PENDANTS were upon said platform. engaged in
personal encounters, and continuing their riotous
proceedings and 40 continued TO act, and incite
Others to act aud divers other enormities, wrongs
and injuries the defendants there and then did 10
the plaintiff, contrary to the law and against the
peace, TO insult the plaintiff to his great damage
and injury, and contrary TO the mind aud will Of
the plaintiff, as such presiding officer"
The bill Of foreclosure. brought by D. Il Sort
well and others, bondholders OF he Montpelier
Wells River Railroad Company against the
said company, and r p. Redfeld, Franklin
Haven and f. C. Sherman trustees, copy OF
AZ ~
corporation, ON the first instant, and concluding
with asking for the appointment Of permanent
receiver 1t /. returnabe at the next March term
OF the court OF ehancsry for Washington county.
The petitioner having given notice that he
should apply for the i'm Mediate appointment Of
temporary receiver, the various paFte. came be-
fore Chancellor Ross, at st lohnsbary. last even
ing, in the paror Of the St Johnsbury House.
The following gentlemen were present: Hon.
Luke p Poland and Col +. V. Randall. represent
ing the interests Of Mr.. n c Munson; Hon. b. +.
Fifeld attorney for Nathan Matthews, Of Boston,
alarge bondholder; Hon Chat II Heath represent
ing the new board Of the Montpelier Wells River
Railroad Company; Hon John l.. Edwards. Hon
C. W willard. C. J. Gleason Esq, attorneys for
the orators, d r. sotwsll and others S C.
shurtisT Esq, counsel Cor the old board Of d.
rectors Of the road and Messrs NJ. T. Manson,
James c. French and d r. Sortwel
The Chancellor called the court to order at seven
o'clock. whereupon Hon. j. l.. Edwards read the
bill and motion for an appointment by the Chan-
cellor Of receiver
Judge Poland stated that he appeared for n c.
Munson, and desired a short delay for the purpose
Of filing cross bill claiming that there due
Mr. Munson large amount on account Of con-
struction, which WAS a first lien upon the road
Mr. willard aud Mr. Edwards had no objection
to delay butasked that Mr. Sortwell be appointed
temporary receiver until further hearing by
the court
Mr. Heath, in behalf OF the stockholders, OPP
posed Mr. Sorwelrs appointment.
Hon B. I. Fifcld appeared for Nathan Mat
thews of Boston and stated that he Matthews had
furnished all the iron to build the road. and had
never received a dollar except in bonds, that he
was now the owner Of three hundred and twenty
six thousand dollars OF the bonds, AMI claimed to
be the owner of two hundred thousand dollars in
addition, which bonds Mr. Sortwell now possessed
and claimed TO represent lie strenuously OBJ
ected to the appointment Of Mr. sortwell as tenn
por,ry receiver, aud insisted that the motion should
stand over for brief period that he might con-
suit Mr. Matthews and in order that he might
nominate dsinterested, impartial and RESPONSE
bic receiver,
After considerable discussion upon all sides rea-
tive to the feasibility OF Mr. Sortwells appoint
ment, the court decided to postpone the whole
matter until one p. NJ, February lth.
MAD RIVER VALLEY AGncuLruRAL SOCIETY
At its annual meeting January 6th the Mad
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