Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1877-09-10
The w. 90. II. H. Case.

The W. & o. II. II. Case.
Before Judge Wexford. on Saturday, Hon.
Thomas F. Bayard, of counsel for plaintiffs in
| the Washington and Ohio railroad case, made
The closing argument. lie commended that the
company is utterly and hopelessly insclvent,
and that its affairs are not being managed 10
the best advantage, and that McComb and his
associates have such an interest 10 the property
as entitle them to ask for the appointment of a
receiver. 10 the beginDing Of his remarks, and
mere than once afterwards, Dir. Bayard re-
| rer!ed to Col. Moshy, cEaracterizIDg plaintiffs
as iIroadwreckers aod pirates, aud repealed
the assertion or in,imation in severe yet per-
iecty courteous and dignifed terms. lie didn't
use harsh epithet or get 10 the least excited,
but his condemnation of Col. Mosby' language
vas quite effective. He turned Col. Mosbys
words against Col. Mosby's clients to show that
such vas the hostile feelings Of the officers Of
the company for plaintiffs that tie interests Ct
the latter would DOT be safe in their hands.
Mr. Bayard argued that il was matter CT 10.
difference whether or not the $340, 600 10 bonds
placed 10 plaintiffs hands to secure the advance
| of 1925, 600 be called collateral" They were
given to secure the advance made; they were
plaintiffs security, and not dollar OF the bonds
had bocn sold. Mr.. Bayaid stated that his
clients would be very glad 10 have returned
them the 1925 900 advanced liz dooe q1Icklyl.
and say nothing about the interest. He tTitttd
COL +. II. Lee with appeafag Is director OF
the company. as witness, AID as attorney; add,
referring to udge Mercdith's Statements, said
be acquitted the Judge OF knowledge OF facts
Of the case.
At the conclusion Of Mr.. Bagard's argument
Judge Wexford proceeded to announce his
views. He regarded the company as i1soiVent,
ard believed that the interests OF the p!aintits
were sufficient to Justify them 10 asking the H.
tcrpos!tion of the Court. The bonds held By
thsm, whether rightly or rot, called collateral,
were, it seemed, 10 the bighes: sense their Sc
cu!ity for mooey advanced. The Judge, how
ever, failed to see any evidence OF fault or
add be indicated bis purpose to allow them to
remain in cootro! hject 10 the orders Of the
Court during the litigation that may be neces.
ssry to establish the prlorities Of the several
liens and to have sale OF the road and ffao
chises.
Mr.. Bayard objected to the Mckatz.e man.
agement remaining 10 charge Of the road. AS
an instance Of the hostility Of defendants to
plaio!iffs' rights be again referred to the terms
used By Col. Mostly 10 speaking Of McComb j.
! Co., which language Col. Mosby's associates
bad not disavoRed Mr.. Bayard really didn't
think that p .iotfs' Interests would be safe 10
Itheir hands, AZ their claims were disputed BY
the company, the company would be inelired
to disregard them. and might give preference
to junior ones.
Judge Bates followed alt. Blya:i in a short
! argumtnt in the same hDa.
I tlr. Barton SAID that he EaI reformation
that the treasurer AID other officers had not
even giSen bond. and that ,hcra ~as now abDu,
! $4,000 10 hand
Judge " clifford said that ,h= officers could
be made to operate the road aader the super
vision of the Court; 10 deposit ali fuods above
! actual current expenses 10 back subject 10 the
order of the Court; to make monthly report to
| the Cnu;i; be required 10 rive bonds for the
performance of.their duties, e..
Alter some further lolormal discussion The
views IS pressed by Judge Wexford we've &C.
guessed io-at least, not further opposed.
and the lawyers set about drawing up the o:der.
From the rough draft submitted By cou5sel
Judge Wexford will prepare bis order putiog
the road pending further proceedings into the
hands of the present directory as officers Of or
responsible to the court. 10 other words, the
officers will be the receivers II al! except the
name. The order overruies the motion for sp
pontneDt Of a receiver at present, bu. >Rith
| leave to The parties 10 renew It hereafter, II
Decessarg The treasurer Of the company is 10
give bond 10 $4,000 for the faithful perform
ance OF bis duties The president aud treasurer
are to make az inventory OF the debts and re-
sources Of the company within thirty days, and
now in hand not required Tor immediate cur.
rent EXPENSES now, aud all that hereafter ac
crues. monthly, 10 be deposited in the First
| National Bank Ct Alexandra, utiact to the
orders Of the court 10 this cause. The presl
dent and treasurer arc 0Ece month TO make q
full and particular report to \, Austin Smith,
one of the commissioners of this court, and
accompany the report with the proper vouch-
crs. Any parry may move the court for such
order ID the cause as lie may hereafter regard
as necessary. -...,'.---- -...--~ 1
The status Of The bonds held by McConb
and others will be matter for future corsidera
ton. All the officers Of the company can do is
to keep the road 'ali7e." They can neither
improve nor extend it, DOR pay any other than
| current expenses without tie order Of the court.
Mr.. McComb and all, or nearly all, Of the
lawyers on both sides left the city Saturday
night Mr.. McComb, at the time that he,
Cakes Ames, and others, undertook to nego
ingtoD to the Ohio, was worth 67e or six mil
lions, but since then, by investments 10 Missis.
sipp and Louisiana, has lost large. sums.
Cakes a. Ames and Oliver A. Ames, repre-
sentatiVes of the deceased Oakes Ames, alp.
peared 10 the cause by petition. Col. 4. H.
Lee, of counsel for the company, is grandson
of Richard Henry Lee, of revolutionary fame,
and was the reader of the Declaration Of hide
pendence at the grand opening of the CeDten.
NAL 4th July, 1876 RichHoad Dispatch.
.'-- The Strikers.
The confict around Scranton, Penn, between