New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-05-03
LfTIG4TION OVER 4 NEWSPAPER.

ASKING THAT 4 RECEIVER BE APPOINTED.
WILLIAM II. WHITES SUIT AGAINST CLARK BELL IN
REGARD TO THE NEw-YoRK MAIL "-ALLEGED
ACKNOWLEDGMENT by Mr.. BEII-"THE NAILS
RECEIPTS AND EXPENDITURES.
Clark Bell and William II. White recently
bought JohLstOn's interest In The ErcHing
Mail and allowed It to shcrifs sale, Clark
Bell becoming the purchaser. company was
formed Clark Bell, " II. White and L. b. Mitchell be-
ing named as the new ncOrpOrators In the certificate
and Mr. Bell executed transfer OF the property 10 the
new company. Tho paper has since been called The
Ne,c York Nail Mr.. White has since sued Mr.. Bell ana
this suit came up yesterday before Judge Scdgwick In
Superior Court, Special Term, motion in behalf Of
the plaintiff to have a receiver appointed to take pos
session of the property and carry the newspaper
After Some dlscu ssOn Judge Sedgwick reserved his
decision.
The adavis presented for the plaintiff give in detail
his reasoLs for asking for receiver. The affidavit Of
Mr. White himsclfis as follows:
William Ianford White. being duly sworn, says: am,
with Clark Bell the JOINT and equal owner Of The AeT
York MAI neWsPapGr. ne mas 10 more tsh' 10 ne
handled all the money received from the paper and also
between $1,000 and $4,000 OF my money, which have
given him for the pirpo OF the paper topaz ITS losses
This money nowhere appears In the casrbo0k OF tlF
concern The Mai Publishing Company has never been
organized further than to file the papers win lhe secrc
tary and the County Clerk Since the summons
and complaint have been served or the defendant 10 this
action he has written aud sent to Major Bundy letter
OF which t., following Is copy:
MAIL PUBIIsHiNG CO.. April 70, 1878.
J. ~ BUNDY esq: regret to be Obliged 10 discharge
you az EDITORIAL STAN and from an connection
edtoIaly With The Mail to take effect this date Very
truly youls CLARK BELL,
Manager and Treasurer.
The effect Of dsconnuing Major Bundy's services
MAJOR Bndy is ali there is Of Tie Ma its life its soul
its whole existence. TIE paper vi" be Yaiueless Wth
out him He mas been It's EdOrin-chef Tor period Of
about ten years. which embraces nearly the whole pc
nod OF It's existence - newspaper The MAJ cannot
Editor. / appointed him Edltor;in'chci of the
paper, Of whic fact Mr.. Bell had full knowledee Mr.
! Bell has made various propositions TO me and
my counsel TO purchase my interest In the paper bnt
do not consider him responsible ana am satisfied thai
| investigation Of Mr.. Bells accounts.
The suspension Of the publishing OF ths MaH i9T
whatever value the bad management OF the defendant
with the paper as its Editorinchief severed its
value would be totally destroyed am informed ana
| ant and myself would show BIN to be largely my
debtor and that the would not have been IN Its
present financial embarrassment but for the reckless
and imprudent conduct OF the defendant r, r,.
Sworn to before me this 26th day of April 1878
| FRANK q. HAUGHwOUr, Notary Public, NeW-fork
RESULTS or EXAMINING THE BOOKS.
The affidavit u W j. A. Fuller gives the results OF
examination of the books of The Mail, and furnishes
particulars of the msmanagement alleged by the plain
| tiff 1t is as follows;
william ]. A. Fuller, being duly sworn, Opposes and
saws: am an attorney aud counsellor AT law. have
heen for many wears proprietor and publisher
paper and have for many years kept the books OF
! paper | thoroughly understand bookkeeping, and ]
thoroughly understand the business OF publishing and
| conducting newspaper and consider myself qualified
10 give testimony an expert bookkeeper ana as an
pert publisher OF newspaper know the parties 10 this
suit and, have thoroughly examined the books OF The
Ner-YCrk Mai newspaper and have also closely ex,
amined the papers connected with the editorial ana
publishing department OF the said newsp"PGT r nave
defendant IN regard 10 the conduct OF The same am
thorOugHly stHsu OIl SUN ' ~ ~. i 90 80,
| newspaper has Deen conducted az loss Vi Ion
| 800 TO $500 weekly; that the business OF the
| all its departments; that the parties conducting
| the business OF the said newspaper, whoever
business newspaper. That the expenses have been
out OF all proportion to the receipts ana have been
| honest and capable management. IL the paper were
honestly and capaby managed Judging OF the future by
| Il margin for profit.
have repeatedly endeavcred TO effect arrange
ment between the plaintiff and the defendant by which
one should purchase the interest OF the other but am
satisfied that such an arrangement VII be mposslse
II the defendant be permitted TO continue It's manage
/ know Francis B. Mitchell, the bookkeeper Of The
Ye'e YORK Mail newspaper lie is perfectly competent
| York NGl newspaper. ! have oxamlred with him and
also with John II. Conner professional accountant ana
the period November 3D. 1877 10 April IL. 1873.
both dates inclusive The books show that the receipts
| for this period were $50 100 Ga, ana the
expenses for the same period S24,s55 Al deduc-
| ton OF between 81 900 and $1,000 should DE maze
from the receipts this amount came from the assets
OF the old Ereninq Mail Association An addition should
be made 10 the expenses Of between $1,000 and $1,000
for the debts incurred for paper ana salaries drhg me
| same period which still due ana unpaid Mr'
Murphy told me that there was due 10 MN over
81, 600 for paper furnished during this period Ar.
Bell told me that there due TO Mr. Locke between
200 and 81 500 for his services during inc same pc
Rod. J. NJ Bundy, L. W Ballard and George H. MARS
land have tOla that the paper owed lheh !Q teli
services The aggregate OF Indebtedness 70 IIe en-
| pOyes, excluding the amount due 10 Mr. I|Ochej
| Mr.. Bundy states 10 DO over $1,000. Mr.. Mitchell,
/ the saidi bOokkeeper, made an estimate rom the
| books OF the earnings and expenses OF inc paper
| from February p. 1873. 10 March 20, 1875 ms es
innate l baye carefully examined and 1nd 10 DC cor,
rect the average earnings Tor ono week during SAID