The New York herald., 1877-03-21
Important Suit Against the Western
Union Telegraph Company.
JUDGE BRADY ON EXTRACTION.
A Wife Charged with Bigamy Be-
comes Insane.
THE HERALD AS A COURT RECORD.


order directing tho examination before trial OF hr
Orton. the president and Mr. Green, the vice presi-
dent of tho Western Union Telegraph Company. The
examination is sought to enable Mrs. OReily to franc
her com plant in suit about to be commenced by her
10 test the question whether not the western Union
Company is responsible for the payment OF tho value
OF stock issued by the New Orleans and Ohio Telegraph
Company, of which she owns 81 ii shares. In her
petition, on which the order was asked Tor
Mrs O'Reilly goes into The history OF early
telegraph organizations IN this country very fuily
She alleges that her action is about 10 DC commenced
IN the Court OF Common Pleas in this city; that such
action is against Norwn Green and George L. Douglas
for aa accounting by them for certain property held
by them In trust and against tho Western Union Tele
graph Company. and account OF the latter company
now being in possession and having the control OF such
propery and for the profits emouments and increase OF
such property since the into the possession
Of Inc Western Union Telegraph Company; that she Is
The owner OF 200 shares OF Tho Peoples Telegraph
Company, Incorporated under the laws OF Kentucky,
and AS such owner is entitled receive by virtue OF
agreement between the Peoples Tcegroph Company
snd the New Orleans and Ohio Telegraph Company,
incorporated under the laws OF Tennessee, 81 oil
shares the capital stock Of tho last mentioned CON-
pany; that this New Orleans and Ohio Telegraph Com
pany in January, 1854, owned a large and valuable
other property in liz the business OF elcgraphing,
ana that such shares OF tho petitioner were IN 1854
worth over SO 000 In January, 1884, tho petition
rocs on TO state that the defendants Green
mud Douglass. together with W. ID. Reld and
Dandrdgc r Crockett, who nave since aied, we're
graph Company, and were the only directors OF the
company that by the charter and bylaws OF the COM
pany the directors were TO serve as such directors
until other elected that no election for
directors company has been held since January,
1854 that the directors elected in January 1854 The
ivorgO n hpn
pany; that IN july 1894, the directors, together win
tour other persons took possession oi all the lines,
franchises property OF the New Orleans and Ohio
Telegraph Company by virtue OF lease purporting 10
be made by " lliam Tanner, James D. Reid and Amos
Randall as commissioners OF the New Orleans and
oho Telegraph Company lessors that the said drec-
,ors were W. D. Reid, Norwin Green, cambridge i.
Crockett and George L. Douglas; that Samuel +. B
Morse G. II. Montscral, Thomas L. Center ana George
H. Bright tho lessees; that the lease was exc
cuted in July 1854 and purpored 10 lease the incs
franchises and property to such lessees Tor nitecn
years first day OF July 1854 ana that by such
lease the cssces bound themselves to pay to the New
Orleans Il OHIO Telegraph Company ccrtain moneys
and also OF the earnings OF the property to pay
certain other moneys, and 10 keep fair accounts aud
make fair statements OF business OF the lines aud
the at the end OF such term all The
property, franchises, privileges and mmunties con
veycd by such lease, and IN the meantime to pre-
the property leased, as lar as possible,
IRON deterioration or injury. During all the
time that pretended cssces had the possession Of
the and property. the New Orleans and OHIO
Telegraph Company was as the petitioner believes.
solvent, and It's property consisting of over 1000
miles OF telegraph lines, was valuaDc ana yleldlng u
large profit and income by ITS use. Sometime before
the expiration OF such lease the defendants, the West.
Union Telegraph Company as the petitioner Is H.
formed and believes, took possession oil all tho hnes
franchises ana property Of tho New Orleans anu
Ohio Telegraph Company, ana have ever since con-
tluucd in possession, but by what agreement pre-
tended right the Western Union Telegraph Company
possesses acquired said property or by what pre-
tence the lines franchises ana property have been
eonfscated diverted from the control and posses
zion OF tho New Orleans and Ohio Telegraph Com
pany whether The lines, Franchises and property
Han 1ota A.
by lease purchase or whether the stockholders Of
the New Orleans and Ohio Telegraph Company in
any protected by any agreement or understanding
by such lines. franchises and property are held
ana possessed by the Western Union Telegraph CON-
rany, the petitioner rs ignorant William Orton is the
President aud the defendant, :orwn Green, Is Vice
President oil the Western Union Telegraph Company
1bc directors OF the New Orleans ana ONO Telegraph
Company and the defendants, Green and Douglas, as
Survivors Of them, we're trasees Of such property,
nud AS toe petitioner advised, accountable 10 the
stockholders OF the Now orleans and Ohio Telegraph
Company or the iull value OF such property and all
the prouts, and the Western Union Telegraph Com
pany is also accountable 10 such stockholders Tor
such property some part or portion thereof or Tor
the aud profits thereof since the property came
INTO the possession OF the Western Union Telegraph
Company. The petitioner has not been able. alter APP
plication to the President OF the Western Union Tcc-
graph Company, to ascertain OF the lacts rea-
ton TO sucn transfer 10 such company oi such lines,
franchises and property. and whether an account
report OF such transacton or OF of the acts OF the
directors the New Orleans ana ohio Telegraph Com
pany since July, 1884, has ever been made by such
directors any OF them To the stockholders OF the
New Orleans anu OHIO Telegraph Company.
The above suit when brought 10 trial will doubtless
develop incidentally curious anu interesting lea.
turcs relating to the discovery and nrs practical app
cation of telcgraphng IN the United States The DC.
titoner the wife OF Mr. Henry OReilly VINO only
claims that he he original inventor OF the system
OF tecgraphng preceding IN this respect the late Pro-
fessor Morse and all others, and mat hitherto hrs
genus and success have renamed unrcwarded, while
others have rcaped not only the benefits but honors oil
discovery which has worked such wonderful changes
In tho whole system OF civilized life. Judge Lawrence
look the papers, rescrving his decision.
THE NORTHAMPTON BANK ROBBERY.
A little two years ago the Northampton Bank
broken into and 81, 900, 900 in money and securi
ties stolen. Very few moro Ingenousy planned or
adrotly executed bank robberics have been pcrpc.
traed in this country The robbers made good their
escape, taking with them their large plunder All the
force OF detective strategy used discover the
guilty parties. AZ length two men, Scott and Dunlap,
supposed to be implicated in the robbery, were
arrested in Philadclpha- third arrest followed,
that Of William Connors, who was arrested
In this city, and who Is also charged with being
the partcipators In the crime. Following his
requisition made by tho Governor OF Massachu-
sets the Governor OF this State for his cxtradtion
10 Massachusetts. Having secured the services o
Messrs Charles n. Brooke and William +. Knitting
counsel the latter have been using their utmost en-
dcavors 10 prevent his removal from this State They OBJ
tained writ OF habcas corpus from Judge Brady hold.
ing Court oyer nd Tcrmner and there have bee
several arguments IN the case Mcssrs. Clarence
Seward, Jonn X. Fellows and Henry G. Allen appear
Ing on behalf OF the bank Judge Brady gave his DO
cistou Yesterday and he says the questions in.
yolycd are not only Of most grave and important
character but present some points that have never
before been pa ssed upon in the courts. The following
IL Judge Bradys dccision as delivered orally In the
Court OF oyer and Tcrminer:--
have had the opportunity to prepare an opinion
I'm this matter but my conclusions have been formed
and will be stated. see no reason TO change the
exprcsscd upon tho submissions Of the questions
rued that the federal courts have exclusive iurisdic-
on of proceedings OF this character except upon the
uucst,on of identity and TO them the rciator can
sort. Jurisdiction has been assumed ~ may be said
lnctly presented by the respondent, and IL has not
herctoforc been considered and determined IN this
Pen Is2 the aflidavits on which the re-
ou isition was issued were part Oh the
traverse OF the rclator and no objection was maze 10
49,, iurtadictton of this Court to entertain the proceed