The New York herald., 1876-07-08
Payment of Its Next Dividend by the
Western Union Telegraph Company.
A Case OF CURIOUS COMPLICATIONS
The Legal Fight To Be Re-
sumed To-Day.
BEATITUDES OF GOLDEN SILENCE.

TO take testimony IN tho case bids fair to form the
basis OF lively legal wrangle in the courts Already,
In It's very inception stages the is occom ny en-
veloped in interesting complications Hardly mad
Judge Donohue granted his injunction when the Tele
graph Company applied to Judge westbrook for
order to show why the injunction should not be
and the order appointing referee be vacated
After looking papers Judge Westbrook promptly
granted the application the ground oil Irregularities
aud because the aidavt setting forth that such dvi
dend to be paa from the capital ana not from the
profits Of the company, on which such order was
granted, was Insufficient An argument was heard
yesterday before Judge Westbrook, on a motion TO
the order OF Judge Donohue requiring the
treasurer OF the company 10 be examined before
referee. Mr. J. NJ Gu,leau appeared for the plaintiff
and Mr. Soren for the company.
hr. Soren contonded that there suostan-
ta basis for the Injunction, and characterized The
whole proceeding ns a hshiag expedition 10 get
II all .he facts regarding tho management OF the
telegraph company. He read lengthy affidavit
from Mr. r. H. Rochester, the treasurer of Inc com
paDy which, he insisted showed conclusivey that tho
sun a fishing enterprise and nothing more. THIS
affidavit forth that the LIST inst Mr.. Guilcau the
plaintiffs COUNSEL presented to him the skeleton OF an
affidavit, the blanks IN which he desired hun to h up
and then sign. lie further AYERS that he could not
have Tiled such blanks from any book papers
his possession under HIS control, and that the
memoranda required "could only be compiled from
material to be gathered from books and papers records
sion o different and separate departments and officers
Of the corporation" Mr. Gueau, III reply, urged that
1t would be ssary To examine not only Mr. Roches
ter, but Mr. Van Every, the auditor, and Mr. Hunter,
the supply agent oil the company, before they could
argue the question to whether the INJUNCTION should
be continued. Ii was the purpose OF this examination
to ill up the blanks IN the affidavit He conended iur
ther that would be 'tery impossible orany lawyer,
Philadelphia lawyer. TO prepare adavit that
animation would not require modiica-
tOn He wanted the treasurer oil the company to give
some specific statement as to the financial affairs OF
" n can In a n wear
receipts OF So 600 OOo The company do not want tho
facts made known.
remedylcss. He doubted the propriety, however, OF
giving the order 10 the examination OF witnesses,
from what had been SAID, although an examination Of
the papers night lead him 10 different conclusion
Mr.. GuiIeau insisted further that ali that was ncces-
sary to damn motion was say it was fishing ex-
petition There was no fishing IN this case. IL was
evident IN his own IN nd that the treasurer pos
sessed OF all the acts they sought 10 obtain He
would III nix of capturing OF the wires OF
the company get empoy6 OF this great corpora
ton TO tell ITS secrets with the consent Of the company
The statute, he thought, was llan IN the case II was
important If they went on with this examination that
they should begin at once and the whole matter re-
qured speedy action, IL only lacked lew days Of
the time Excd for paying the dividend.
Mr.. Sorcn contended that they simply stuck to the
text OF the statute. He saw occasion Tor the i'm
mediate hurry claimed rs il everything was wrong;
the remedy was just good hereafter as now AT any
rate he protested against decision until the Court
had examined the papers anc fully investigated the
Judge Westbrook said he should certainly wish such
examination and asked the counsel to pass up their
papers and he would his decision. Ho subse-
Quenllv granted the motion vacalins the order Of
Judge Donohue; first. because man is not bound to
sIgn an all III which has blanks IN H. and, second,
because II it appeared the argument on the njunc
ton that the information required absolutely
sary for the painlif the Court give order Of
reference.
LARGE CLAIM AND SMALL ASSETS.
Esther Krampf girl of twelve years, and a resi-
dent in the vicinity Of hester street, somewhere
Ludlow street, iet aggreved because language
used toward her by Morriy Seeiig, youth of about
nineteen twenty years. and she. through guardian
I'D Item, brought suit IN the Marine Court to
81, 600 damages against Morr,y. The latter was ac
cordngly arrested by the Sheriff on civil warrant
and committed TO Ludlow street jail in default Of bail
Before Judge Geopp. in Chambers OF the Court,
tion made yesterday behalf OF the alleged
youthful slanderer, to vacatc the order Of his arrest
and in support thereof aiidavits read by his
counsel, including defendants own, to tho effect
that the paintin and he, the aggrcssor that
unhapply or him and Tor his personal dignity peace
Of mind, he hvei in the same house with herr that he
could not pass in or out, but he was sure 10 be
fronted somewhere IN the building oy Esther who
would always avail herself OF the twist her
mouth and quite out oil the beautiful lines which
were theirs while IN reposc He hardly knew ut first
whether 10 accept this demonstration her part
the outward ana visible sigu OF acute and disagree
able feelings IN the abdominal region whether they
were assumed as winning ways, or whether sne
tended thcrcny 10 hold the mirror up To nature and
thus express an artistic disgust for hc uDclassc lines
oil his lace HIS disturbed mind seems :" hare settled
down the last theory, he naiy GOT ans-,-at her
conduct aud made use OF language the
almost equally complimentary TO her that of
which she complained In opposition /, the motive
counsel lor the plann cOntcnded that the defendant
bad put Oh quite bold face and threatened
hs money out OF the bank aud carry II his pocket
In defiance OF plaintiff her lawyer and indeed for that
mat or. OF all law lhis threat OF his should be rem
dercd iruess by cont nuance OF the order arrest,
and he should be punished or his ungeutlcmany
duct toward young ady-he, young IA he was, being
old enough to know better Counsel for the prisoner
sontcnded that tie language, whatever II was, was
used between mere children, was the result OF every
day collisions between children and youths IN
tenement houses and had done harm
TO any Moreover that according 10 the usual
praclicc Of the Court cases the defendant was
held under arrest principally because he charged
with being wandcrer on the face of the earth and
without any certain dwelling place, which he
lcounse) pronounced untrue; that the circumstances
disclosed IN the aidavits behalf OF his client showed
the probabilities to be that no DAMAGES coJd be
taued against hIm: that he without means and
unable 10 furnish bail. and to keep HIM IN jail
treat him with judicial cruelty. In order To complete
his case counsel for the prisoner then placed his client
on the stand to testify 10 his wealth lie to
beng resident In this city tor over year past and
that he had no purpose OF seeking pastures new
that ho had been taught the tailoring business,
aud, aspiring TO be n cutter, had secured
pair Of scissors fw that purpose
cost OF SIS Failing get engagement cutter he
became an itinerant pcder, and, order TO
STOCK Of shris 10 start him IN trade was Obliged to
pledge the for 80 wItn the of the
He had hand, stored somewhere ia Ludlow
street, stock valued at S. ~. ON which hc owed
e. So the creditor holding the scissors collateral
rccur.ty. As TO the money he had IN the bank ana
wbic.s he charged with threatening tn draw
aud dispose OF m denar ce OF plaintiffs rights, he said
the fare Ludlow street Jail very made il
sary draw that tnat ne lad drawn 10 ell amount
Ing to $50. apart oil which he pad hts lawyer, part
Tor his board, and tnat he now IN dcot ior board
with nothing lett but nccu cents ia his pocket ami his
interest IN that stock oi SHIRTS IN Ludlow street.
This testimony seemed 10 settle The mind Of
The Court, and counsel Tor the plaintiff
seemed 10 interpret its Indications as unayor-
splc to his client tor he Immediately urged that
defendant was TO be discharged II should be only
condition that he PAID tie shcrilI for mis- trouble IN
arrcsiing him and costs OF the motion To remuncratc
counsel for his trouble IN prosecuting bim. AT thus
the Court. though unused 10 such levIty. assumed
distinctly visible smile and the Court could not
pay tue COSTS out OF IT'S pocket and evident
The prisoner could not Besides II appeared altogether
improbable that any apprcc.aDlc amount OF damages
coulu be recovered against him, and he would order